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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