R99-072 RESOLUTION NO.
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPROVING
AN EMPLOYER WORKSlTE AGREEMENT FOR WORK
EXPERIENCE SUMMER YOUTH EMPLOYEMENT AND
TRAINING PROGRAM BETWEEN THE CITY OF
BOYNTON BEACH AND THE PALM BEACH COUNTY
WORKFORCE DEVELOPMENT BOARD, INC.,;
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE SAID AGREEMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, by the implementation of this program, several young
adults ranging in ages from 17 through 21 will be able to acquire valuable work
experience in a governmental setting; and
WHEREAS, the City Commission of the City of Boynton, Florida, upon
recommendation of staff, deems it to be in the best interests of the residents and
citizens of the City of Boynton Beach to enter into an Agreement between the City of
Boynton Beach and the Palm Beach County Workforce Development Board, Inc.,;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT
Section 1. Each Whereas clause set forth above is true and correct and
incorporated herein by this reference.
Section 2. The City Commission of the City of Boynton Beach, Florida
does hereby approve the Agreement between the City of Boynton Beach and the
Community Caring Center, and authorize the Mayor and City Clerk to execute said
Agreement, which is attached hereto as Exhibit "A".
Section 3. That this Resolution shall become effective immediately upon
passage.
PASSED AND ADOPTED this
ATTEST:
City'clerk
,~j~s~\P BC Workf~ce.&)ev~opmen~'
'z/z/. ~L
/ day of June, 1999.
CITY ~F BO ?/~O~E~H,, FLORIDA
~' Commissioner
AGREEMENT NUMBER:
EMPLOYER WORK$1TEAGEEMENT
FOR WORK EXPERIENCE
SUMMER YOUTH EMPLOYMENT AND TRAINING PROGRAM
This agreement is made for the Work Experience Project under Title liB of the
Job Training Partnership Act (the Workforce Development Board) of 600 S. Dixie
Highway, West Palm Beach, Florida 33401. Telephone number (561) 659-5213.
Hereafter referred to as the "Youth Services" Program.
1. Employer: C, TT¥ 0~' ROYNTON R];'.AP.R
2. Address: 100 E. Bnvnton Re~ch Blvd. P.O_
FL, 3343.~-0310
3. FEIN NO: (Federal Employer. Identification Number)
4. Description of Organizafiqn: Municipality
Row 310 Rny'ntnn
59 -6000 -282
geach
!. TERM
The term of this agreement shall b® from June 1,1999 through August
31,1999; provided that the Workforce Development Board may earlier
terminate this Agreement by so notifying the Employer in writing. The
starting and ending date of the Work experience component will vary
depending on the youth, but will not exceed 7 weeks in duration.
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 the 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 Experience Job Order (Attachment 1)
and Work Plan (Attachment 2), Inclement Weather Plan (Attachment 3),
and Child Labor Laws (Attachment 4), attached hereto and incorporated
herein, At a subsequent date the Worksite Supervisor's Manual will be
provided and become a part of the Worksite Agreement. The Employer
will retain a copy of this Agreement at each worksite.
Ae
Referral and Selection
The Work, force Development Board shall refer to the
Employer for each position, one or more individuals, JTPA
certified as eligible for participation, if available, throughout
the term of this agreement, in order to assure to-the greatest
extent possible the filling of all positions.
The Workforce Development Board shall only ref~,r
Participants who are certified as JTPA eligible, between the.
ages of 14 and 21 and who meet the employer's criteda as
specified in the Work Experience Job Order (Attachment 1)
and Work Plan (Attachment 2).
Employment
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 Work Experience Job Order (Attachment 1)
and Work Plan (Attachment 2),
Employment shall be conducted at worksites designated on
the attached Work Experience Job Order (Attachment 1 ).
Employers shall ensure that PaAicipants are provided
adequate equipment including any required safety
equipment and supplies for their assigned work.
Participants will be supervised at all times by the designated
Supervisor or Alternate Supervisor.
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 the
Work Experience Job Order (Attachment 1) and Work Plan
(Attachment 2), and shall not be. permitted to work in excess
of a total of 280 hours or 7 weeks of 40 hours a week dudng
the term of this agreement. Some Participants may be
required to work less time due to their concurrent enrollment
in other Workforce Development Board Programs.
All employment and training activities hereunder shall be
conducted in accordance with the Statement of Assurance
and Certifications set forth herein and with applicable law,
including Child Labor Laws (Attachment 4).
Training
The Employer shall provide each Participant with
meaningful, well-supervised job training consistent with the
duties and 'responsibilities of the job position and designed to
ensure successful attainment of entry level skills and work
habits required of such positions or' occupation as set forth in
the Work Experience Job Order (Attachment !) and Work
Plan (Attachment 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 schedules, and break
schedules.
Supervision
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, (3)
determined by the Employer to be appropriate to supervise
such Participants, and who have (4) successfully completed
, a W0rkforce Development Board sponsored "Worksite
Supervisor's Workshop/Orientation'. The Employer shall
provide to the WDB, pdor to the Participant's first day on the
job, a written list of qualified supervisors and back-up
supervisors for each worksite.
The Workforce Development Board Will provide assistance
to the Employer in developing worksite parameters. The
Employer will provide a supervisor for each Worksite who will
o
be responsible for assigning daily duties and signing and
submitting timesheets.
The Workforce Development Board shall make appropriate
arrangements for the orientation and instruction of
supervisors, utilizing the Worksite Supervisor's Manual to be
provided by the Workforce Development Board. Orientation
may be conducted individually if a group setting is not
feasible. Attendance at the orientation of all designated
supervisors shall be documented by means of a sign-in log
maintained by WDB staff. Employers, the Employer's
Supervisors, and Participants shall be provided with a
manual outlining the policies and procedures to be followed
during the program by the Employers, Supervisors, and
Participants. Delivery of this Orientation Manual shall be
documented by signature of recipient upon written receipt
maintained by WDB staff.
The Workforce Development Board shall assign, and notify
by written notice to the Participant and Employer, a Summer
Youth Counselor to each Participant in a work experience
eCnploymentposition who shall be the liaison person
between the Employer, Workforce Development Board, and
the Participant to handle any and all questions,
arrangements, difficulties, or disciplinary actions regarding
the participant.
The Employer shall have the right to take disciplinary action,
suspend, or disengage any Participant assigned under the
terms of this Agreement in accordance with the regular
written personnel policies and practices of the Employer.
Such action may only be taken after any intervention on
the part of the Workforce Development Board
Counselor. The Employer must immediately notify the
Workforce Development Board Youth Counselor and follow
up in writing of any termination and the reason for such
termination.
IV.
COMPENSATION
The Workforce Development Board shall compensate each
Participant at a rate of $5.75/hour for hours worked dudng each two
week pay pedod, upon receipt of proper documentation from the
employer as specified below. In no event shall JTPA funds be used
Ve
Vi.
to compensate a Participant for hours in excess of those
contractually agreed.
The Workforce Development Board 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.
TIME AND ATTENDANCE RECORD KEEPING
The Employer shall keep accurate time and attendance records
daily for each Participant, employing the Time and Attendance
Record (that will be included in the Worksite Supervisor's Manual)
provided by the Workforce Development Board via the Summer
Youth Counselor.
The Employer certifies that: (1) it will only record actual hours
worked by Participant, (2) it will require each Participant to sign in
and out daily, employing the Time and Attendance Record, (3) it will
not permit Participants to simultaneously sign in and sign out and
(4) not sign any time sheet prior to the end of the pay period or prior
ton the. participants signature.
Co
No Time and Attendance Record shall be submitted by the
Employer to the Workforce Development Board for any individual
who has not been referred and certified as eligible for participation
hereunder by the Workforce Development Board, and the Em ployer
shall bear full responsibility for payment for any hours worked by
any such individual.
EVALUATIONS AND MONITORING
The Employer shall fully cooperate in the evaluation and monitoring of
activities under this Agreement by the Workforce Development Board, the
State of Florida Department of Labor and Employment Security, the U.S.
Department of Labor, and any other unit of local, state or federal
government.
VII.
ASSURANCES AND CERTIFICATIONS
The Employer assures and certifies that it shall comply with provisions of
the Job Training Partnership Act (P. L. 97-300) (the 'Act'), regulations and
policies as may be amended from time-to time, and with applicable laws
with respect to political activities, pdvate -for-profit employment activities,
nepotism, conflict of interest, fund raising, political patronage, and
lobbying activities, copies of which are available upon request.
Employer further assures and certifies as foil ows:
The
o
o
o
Employment and training provided to Participants hereunder shall
conform to the job description and the duties to be performed as set
forth in the Work Experience Job Order (Attachment 1 ) and Work
Plan (Attachment 2). The Employer is required to notify the WDB,
in writing, immediately if there is any change in the original job
description. Such notification must be approved in writing by WDB.
Conditions of employment and training hereunder shall be
appropriate and reasonable with respect to the type of work and the
proficiency of the participant.
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.
Except as may otherwise be providedin 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' activities Under this agreement shall be conducted in
compliance with the Child Labor Provisions of the State of Florida,
the Fair Labor Standards Act, and other applicable laws.
Employment under this Agreement shall not result in the
displacement of employed workers or impair existing contracts for
services or result in the substitution of federal funds for other funds
in connection with work that would otherwise be performed.
No Participant shall be employed or job opening filled when any
other individual is on layoff from the same of any substantially
equivalent job or when the Worksite Employer has terminated the
employment of any regular employee or otherwise reduced its
workforce With the intention of filling the vacancy so created by
hidng a Participant under this Agreement.
No position under this Agreement shall infringe in any way upon the
promotiOnal opportunities of currently employed individuals.
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 of 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.
Participants shall not be employed in the constructio n, operation, or
maintenance of any facility as is used or to be used for sectarian
instruction or as a place for religious worship.
13.
Employers that employ Participants in outdoor type work shall
provide the Workforce Development Board with a written Inclement
Weather Plan, (Attachment 3) which shall be submitted to the WDB
for written approval prior to first scheduled program start'date, and
when approved shall be attached to and incorporated as part of this
Agreement.
14.
The Employer shall submit such information as may be required by
the Workforce Development Board and th® 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 Iow 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 (3) years from the date of termination of this
Agreement.
The Worksite Employer shall conduct all activities under this Agreement in
accordance with the Americans with Disabilities Act of 1990, Section 504 of the
Rehabilitation Act of 1973, Title VI Of The Civil Rights Act of 1964 as amended,
and the regulations promulgated under such Acts, with respect to the disabled
and the limited English Speaking.
16. The Worksite Employer certifies that,' in all activities in the
performance of work done in connection with JTPA funding, its
employees under this Agreement are not engaging in the unlawful
manufacture, distribution, dispensing, possession or use of a
controlled substance, and that all activities under this agreement
shall be provided in a drug-free workplace in accordance with the
Drug-Free Workplace Act of 1988 and the regulations promulgated
thereto.
This Agreement shall be in compliance with the JTPA and any federal regulations
thereto, and shall be subject to funding availability. This Agreement supersedes
any and all prior oral and written agreements.
IN WITNESS WHEREOF, the Workforce Development Board and
the employer have caused this Agreement to be duly executed as of the last date
set forth below.
EMPLOYER
CITY OF BOYNTON BEACH
/Aut~ature ~
PALM BEACH COUNTY
WORKFORCE DEVELOPMENT
BOARD INC.
Authorized Signature
GERALD BROENING
Name (typed)
Name (typed)
MAYOR
Title
W'~ess
T'~le
~N'rtness
A~PROV~ A8 TO
C,'.TY ~T'rO~NEY
Date