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HomeMy WebLinkAbout2022-046-3759_-_Youth_Summer_Program_-_Adopted_-_PdfRESOLUTION NO. 2022-046-3759 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY THAT CERTAIN AGREEMENT WITH SOUTH FLORIDA WORKFORCE INVESTMENT BOARD FOR A YOUTH SUMMER PROGRAM, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT “A”; APPROPRIATING FUNDING IN AN AMOUNT FIFTY ANDHUNDRED EXCEED TO NOT ONE THOUSAND DOLLARS ($150,000.00); PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami Gardens City Council has expressed the importance of creating economic growth and employment opportunities within the City, and WHEREAS, Mayor Rodney Harris proposes entering into a partnership agreement with South Florida Workforce Investment Board, also known as CareerSource South Florida, to provide summer employment opportunities for youth and young adults within the City of Miami Gardens, and WHEREAS, South Florida Workforce Investment Board will provide summer job placement for youth within the age group between fourteen (14) to eighteen (18) year olds and will provide comprehensive administration of the program utilizing their staff in preparing time sheets, recruitment, and payment of program participants, and WHEREAS, South Florida Workforce Investment Board will further provide paid employability skills training for youth enrolled in the program, and WHEREAS, the City of Miami Gardens will provide One Hundred and Fifty Thousand Dollars ($150,000.00) to South Florida Workforce Investment Board for the establishment of this partnership, and WHEREAS, South Florida Workforce Investment Board will match the One Hundred and Fifty Thousand Dollars ($150,000.00) provided by the City with One Hundred and Fifty Thousand Dollars ($150,000.00), towards summer youth employment in the City of Miami Gardens, and WHEREAS, Mayor Rodney Harris is recommending the City of Miami Gardens Council approves the request of appropriating One Hundred and Fifty Thousand Dollars ($150,000.00), for a summer employment partnership with South Florida Workforce Investment Board, Resolution No. 2022-046-3759 DocuSign Envelope ID: FFE49E1D-5EFC-4206-8CD9-D709565CE15A NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AS FOLLOWS: Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens hereby authorizes the City Manager and the City Clerk to execute and attest, respectively that certain Agreement with South Florida Workforce Investment Board, for a Summer Youth Employment Program, a copy of which is attached hereto as Exhibit “A” in an amount not to exceed One Hundred and Fifty Thousand Dollars ($150,000.00). Section 3: INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby authorized to obtain two (2) fully executed copies of the subject Agreement with one to be maintained by the City, and one to be delivered to South Florida Workforce Investment Board. Section 4: EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON MAY 11, 2022. ________________________________ RODNEY HARRIS, MAYOR ATTEST: ________________________________ MARIO BATAILLE, CMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY SPONSORED BY: MAYOR RODNEY HARRIS Moved by: Vice Mayor Leon Seconded by: Councilwoman Julien VOTE: 7-0 Page 2 of 11Resolution No. 2022-046-3759 DocuSign Envelope ID: FFE49E1D-5EFC-4206-8CD9-D709565CE15A Mayor Harris Yes Vice Mayor Leon Yes Councilwoman Campbell Yes Councilwoman Ighodaro Yes Councilwoman Julien Yes Councilman Stephens, III Yes Councilwoman Wilson Yes Page 3 of 11Resolution No. 2022-046-3759 DocuSign Envelope ID: FFE49E1D-5EFC-4206-8CD9-D709565CE15A City of Miami Gardens Page 1 of 8 YOUTH EMPLOYMENT PROGRAM FUNDING AGREEMENT This AGREEMENT (“Agreement”) is entered into this ()th day of June 2022 between the CITY OF MIAMI GARDENS (the “CITY”), having an address of 18605 NW 27th Avenue, Miami Gardens, FL 33056, 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 Miami Gardens between the ages of 15 and 18 (“Youth”), and WHEREAS, businesses that participate in the Program will be located within the City of Miami Gardens (“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 start on June (), 2022 and end on September 30, 2022, irrespective of the date of execution, unless terminated earlier pursuant to this Agreement. 2. DUTIES AND RESPONSIBILITIES. A. Duties of the CITY. 1. The CITY shall pay the SFWIB up to One Hundred and Fifty Thousand Dollars (150,000.00) to fund the Program. An SFWIB youth service provider will deliver services, which include, but are not limited to, intake, eligibility determination, work readiness and referral to work sites, as detailed in Section B. below, to eligible youth ages 15-18 years of age. 2. The CITY shall 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 youth and the number of hours the youth worked or attended work skills training. 3. The CITY shall have no obligation to pay any monies until the SFWIB transmits all required documentation. The CITY shall pay the SFWIB within thirty (30) days of receipt of such 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. Page 4 of 11Resolution No. 2022-046-3759 DocuSign Envelope ID: FFE49E1D-5EFC-4206-8CD9-D709565CE15A Page 2 of 8 6. Any funds that are not used by the SFWIB to fund the Program as set forth herein shall be repaid to the City. B. Duties of the SFWIB. The SFWIB, through its contracted youth service provider, shall: 1. Provide matching funds of up to One Hundred and Fifty Thousand Dollars ($150,000.00) to be paid towards participant costs. 2. Register City of Miami Gardens youth residents ages 15-18 into the Program. 3. Recruit and engage businesses in the City of Miami Gardens to participate in the 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 Miami Gardens. 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 September 30, 2022. 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 or 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. 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, Page 5 of 11Resolution No. 2022-046-3759 DocuSign Envelope ID: FFE49E1D-5EFC-4206-8CD9-D709565CE15A Page 3 of 8 judgments, and attorneys’ 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 two hundred thousand dollars ($200,000.00), 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 three hundred thousand dollars ($300,000.00) 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 attorneys’ fees which may issue thereon. 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. 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. Page 6 of 11Resolution No. 2022-046-3759 DocuSign Envelope ID: FFE49E1D-5EFC-4206-8CD9-D709565CE15A Page 4 of 8 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. 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 MIAMI GARDENS: Page 7 of 11Resolution No. 2022-046-3759 DocuSign Envelope ID: FFE49E1D-5EFC-4206-8CD9-D709565CE15A Page 5 of 8 Rodney Harris, Mayor The City of Miami Gardens 18605 NW 27th Avenue Miami Gardens, FL 33056 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 exempt and/or confidential from public records disclosure requirements. All records stored electronically must be provided to the City by the SFWIB in a format that is compatible with the City’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 Page 8 of 11Resolution No. 2022-046-3759 DocuSign Envelope ID: FFE49E1D-5EFC-4206-8CD9-D709565CE15A Page 6 of 8 PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY OF MIAMI GARDENS, CITY HALL Name, Title: Mario Bataille, City Clerk Mailing Address: 18605 MW 27 Avenue, Miami Gardens, FL 33056 Telephone Number: 305-622-8000 Email:mbataille@miamigardens-fl.gov 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 Miami Gardens, 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. 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. Page 9 of 11Resolution No. 2022-046-3759 DocuSign Envelope ID: FFE49E1D-5EFC-4206-8CD9-D709565CE15A Page 7 of 8 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.SFWIB agrees to permit the CITY to examine all records which are, in any way, related to the Services provided and this Agreement, and grants to the CITY the right to audit any books, documents and papers of SFWIB that were generated during the course of the administration of this Agreement. SFWIB shall maintain the records, books, documents and papers associated with this Agreement in accordance with the “Public Records Act”, and in accordance with the Florida Statutes. Upon the CITY’s request, SFWIB shall provide the CITY with copies of all public records related to this Agreement, at no cost to the CITY. O.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. P.This Agreement sets forth the full and complete understanding of the Parties as of June (), 2022, and supersedes any and all negotiations, agreements, and representations made or dated prior to this Agreement. Page 10 of 11Resolution No. 2022-046-3759 DocuSign Envelope ID: FFE49E1D-5EFC-4206-8CD9-D709565CE15A Page 8 of 8 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year as first stated above. City of Miami Gardens, Inc.SOUTH FLORIDA WORKFORCE INVESTMENT BOARD By: ______________________________ By:__________________________________ Name Rick Beasley Title Executive Director ATTEST: Address: 7300 Corporate Center Drive, Suite 500 City, State Zip: 33126-1234 By: _______________________________ Name Phone Number: (305) 929-1501_________ Title E‐mail: rick.beasley@careersourcesfl.com Approved as to Legal form:South Florida Workforce Investment Board Business Name (if applicable) By: _______________________________ _ ____________________ Name City Attorney Tax Id # Page 11 of 11Resolution No. 2022-046-3759 DocuSign Envelope ID: FFE49E1D-5EFC-4206-8CD9-D709565CE15A