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HomeMy WebLinkAbout2019-113-3242 Agreement w/ Miami-Dade Economic Advocacy Trust Youth Development Division - Summer Internship RESOLUTION NO. 2019-113-3242 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 THAT CERTAIN AGREEMENT WITH THE MIAMI-DADE ECONOMIC ADVOCACY TRUST YOUTH DEVELOPMENT DIVISION, A COPY OF WHICH IS ATTACHED HERETO TO AS EXHIBIT "A", INDEMNIFYING AND AUTHORIZING THE CITY OF MIAMI GARDENS TO SERVE AS A SUMMER WORKSITE COMMENCING JUNE 17, 2019 THROUGH JULY 26, 2019; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami-Dade Economic Advocacy Trust Youth Development Division desires to expand its Youth Internship Partnership Initiative (YIPI) by partnering with the City of Miami Gardens ("City"), and WHEREAS, the YIPI is a six week paid summer internship for Teen Court participants that provides pre-employment educational and motivational workshops, and WHEREAS, City staff recommends approval of the agreement with Miami-Dade Economic Advocacy Trust Youth Development Division so that the City of Miami Gardens may continue to support youth enrichment and employment, 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 City Clerk to execute and attest that certain agreement with Miami-Dade Economic Advocacy Trust Youth Development Division, substantially in the form attached hereto to as Exhibit "A", that indemnifies and authorizes the City of Miami Gardens to serve as a summer worksite commencing June 17, 2019 through July 26, 2019. Section 3: 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 APRIL 24, 2019. i OLI R GILBERT, III, MAYOR ATTEST: � - I MARIO-BATAILLE, CMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY SPONSORED BY: VICE MAYOR RODNEY HARRIS Moved by: Councilman Williams Seconded by: Councilwoman Odom VOTE: 6-0 Mayor Oliver Gilbert, III (Yes) (No) (absent) Vice Mayor Rodney Harris X (Yes) (No) Councilwoman Katrina Wilson X (Yes) (No) Councilman Erhabor Ighodaro, Ph.D. X (Yes) (No) Councilwoman Lillie Q. Odom X (Yes) (No) Councilman Reggie Leon X (Yes) (No) Councilman David Williams Jr X (Yes) (No) 2 Resolution No. 2019-113-3242 Page 35 of 99 City of Miami Gardens Worksite Agreement SERVICE AGREEMENT This SERVICE AGREEMENT (this "Agreement") is entered into this _day of 2019 between the CITY OF MIAMI GARDENS the "CITY"), having an address of 18605 NW 27th Avenue,Miami Gardens,Florida 33056 and Miami-Dade Economic Advocacy Trust, an agent and instrumentality of Miami-Dade County, a political subdivision of the State of Florida, (the "SERVICE PROVIDER") offering services having an address of 111 NW 1 Street, Suite 2032, Miami, Florida 33128. RECITALS WHEREAS, SERVICE PROVIDER was created by the Miami-Dade Board County Commission ("Board") pursuant to Ordinance No. 92-12, as amended; and WHEREAS,the purpose of SERVICE PROVIDER is to ensure the equitable participation of Blacks in Miami-Dade County's economic growth through advocacy and monitoring of economic conditions and economic development initiatives in Miami-Dade County; and WHEREAS, the Board has designated SERVICE PROVIDER as the entity to operate a teen court program (hereinafter "Teen Court" or "Teen Court Program") on behalf of Miami-Dade County; and WHEREAS, Teen Court is an alternative sanctioning program for first-time youthful offenders who agree to allow their peers to determine sentencing instead of the juvenile justice system; and WHEREAS, the Teen Court Program is Miami-Dade County's only peer-sanctioning program, which is an alternative sanctioning program for misdemeanor youthful offenders who agree to allow their peers instead of the juvenile justice system to determine their sentencing; and WHEREAS, the Teen Court Program will provide youth, volunteers and participants, an opportunity to gain knowledge and experience in a non-traditional judicial process. Juvenile misdemeanor offenders (participants) are afforded a sentencing hearing conducted by youth volunteers serving as attorneys,jurors, bailiffs, and clerks; and WHEREAS, SERVICE PROVIDER will collaborate between both parties to provide needed services to youth including education, community service opportunities and vocational preparation and training; and WHEREAS, the goal of this collaboration is to provide youth with opportunities to promote individual growth, education,rehabilitation and opportunities for Restorative Justice. WHEREAS, participation in the Teen Court Program helps to decrease juvenile delinquency 1 Page 36 of 99 City of Miami Gardens Worksite Agreement by interrupting the beginning stages of criminal behavior; and WHEREAS, SERVICE PROVIDER has requested that the CITY become a summer worksite for its Youth Intern Partnership Initiative in accordance with its Worksite Supervisor Handbook attached hereto as Exhibit A and incorporated herein by reference ; and NOW THEREFORE, for and in consideration of the premises and the mutual covenants and agreements herein contained, the parties hereto agree to the responsibilities as follows: The CITY AND SERVICE PROVIDER MUTUALLY AGREE AS FOLLOWS: 1. The recitals above are incorporated herein by reference. 2. TERM. This Agreement shall be effective for a term,which commences on June 18,2019 and ends on August 30, 2019 unless earlier terminated pursuant to this Agreement. The CITY reserves the right to exercise the option to renew annually (subject to the appropriation of funds. Contract renewal shall be based on a determination that the contract is in the best interest of the CITY. This contract is not an exclusive contract. 3. SERVICES SERVICE PROVIDER and CITY agree to perform all of the Services as outlined in Exhibit"A"attached hereto("Worksite Supervisor Handbook),which Services will be performed in accordance with Exhibit A. The Scope of Work shall also be deemed to include providing all goods and performing all actions necessary to complete the task SERVICE PROVIDER has been hired to perform, whether specifically included in the scope of work or not. 4. COMPENSATION. Service Provider shall provide all compensation in accordance with Exhibit A. 5. INDEPENDENT CONTRACTOR AND SUBCONTRACTORS.This Agreement calls for the performance of the services of SERVICE PROVIDER as an independent contractor and not as an employee of the CITY. SERVICE PROVIDER has control over the means and methods by which it performs its services under this Agreement. SERVICE PROVIDER shall be deemed an independent contractor and not an agent or employee of the CITY,and shall not attain any rights or benefits generally afforded to CITY employees; further, SERVICE PROVIDER shall not be deemed entitled to the CITY'S worker's compensation, insurance benefits or similar protections or benefits. SERVICE PROVIDER shall obtain written approval prior to engaging any subcontractor(s)to assist with fulfilling the obligations outlined in this Agreement. 6. INDEMNITY. Subject to the limitations of Section 768.28, Florida Statutes, SERVICE PROVIDER shall protect, defend, indemnify, and hold harmless the CITY and its officials, officers, members, agents, representatives and employees, which include but is not limited to SERVICE PROVIDER's summer youth workers, from any and all claims, liabilities, expenses,or damages of any nature, including attorney fees, for injury to or death of any person, and for injury to any property arising out of or in any way connected with the performance or non-performance of any provision of this Agreement required of the SERVICE PROVIDER, by or on behalf of the 2 Page 37 of 99 City of Miami Gardens Worksite Agreement SERVICE PROVIDER, or resulting from any violation by the SERVICE PROVIDER or its employees of any statute law, ordinance,regulation or other legal requirement pertaining to a safe place of employment for workers, minimum hours and wages, and fair employment practices. However, nothing herein shall be deemed to indemnify CITY for any liability or claim arising solely out of the negligent performance of CITY. Subject to the limitations of Section 768.28, Florida Statutes, CITY shall protect, defend, indemnify, and hold harmless the SERVICE PROVIDER and its officials, officers, members, agents, representatives and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorney fees, for injury to or death of any person, and for injury to any property arising out of or in any way connected with the performance or non-performance of any provision of this Agreement required of the CITY,by or on behalf of the CITY, or resulting from any violation by the CITY or its employees of any statute law, ordinance,regulation or other legal requirement pertaining to a safe place of employment for workers,minimum hours and wages,and fair employment practices. However, nothing herein shall be deemed to indemnify SERVICE PROVIDER for any liability or claim arising solely out of the negligent performance of SERVICE PROVIDER. This agreement is subject to the provisions of Section 768.28, Florida Statutes, such that the CITY and SERVICE PROVIDER 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$200,000.00, or any claim or judgments or portions thereof, which, when totaled with all other occurrence, exceeds the sum of$300,000.00 from any and all personal injury or property damage claims, liabilities losses and causes of action which may arise solely as a result of the performance of this Agreement. However,nothing herein shall be deemed to indemnify SERVICE PROVIDER from any liability or claim arising out of the negligent performance or failure of performance of SERVICE PROVIDER or any unrelated third party. Nothing contained herein shall be deemed a waiver of sovereign immunity. 7. INSURANCE. The CITY acknowledges that SERVICE PROVIDER is a governmental entity that is self-insured. Upon request, SERVICE PROVIDER shall also provide CITY with proof that SERVICE PROVIDER has insurance. 8. BACKGROUND SCREENING: SERVICE PROVIDER, including employees and subcontractors of SERVICE PROVIDER,must comply with all City,State,and Federal guidelines regarding background screening of summer youth workers. SERVICE PROVIDER must submit, prior to any SERVICE PROVIDER's employee's service, an affidavit stating compliance to all applicable guidelines. 9. NO ASSIGNMENT. SERVICE PROVIDER shall not, under any circumstances, assign this Agreement or its rights or duties without prior written authorization from the CITY. 10. TERMINATION. The CITY and SERVICE PROVIDER may, for their convenience and without cause,terminate this Agreement by giving written notice at least five (5)days prior to the effective date of the termination. Upon written notice of either the CITY's or SERVICE 3 Page 38 of 99 City of Miami Gardens Worksite Agreement PROVIDER's desire to terminate this Agreement, the SERVICE PROVIDER shall provide only those services and incur only those expenses specifically approved or directed in writing by the City Manager or his designee. The CITY or SERVICE PROVIDER may terminate this Agreement for cause immediately and without prior notice should the CITY or SERVICE PROVIDER determine that there has been a breach of any provision of this Agreement. Should the CITY or SERVICE PROVIDER terminate this Agreement for cause, they shall provide notice as soon as possible. In the event of termination or expiration of this Agreement, SERVICE PROVIDER and CITY shall cooperate in good faith in order to effectuate a smooth and harmonious transition from SERVICE PROVIDER to the CITY or to any other person or entity the CITY may designate, and to maintain during such period of transition that same services provide to the CITY pursuant to the terms of SERVICE PROVIDER will take all reasonable and necessary actions to transfer all records, etc. and data of the CITY in its possession in an orderly fashion to either the CITY or its designee in a hard copy and computer format. 11. 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: SERVICE PROVIDER: CITY: John Dixon, Executive Director Cameron Benson, City Manager Miami-Dade Economic Advocacy Trust City of Miami Gardens 111 N.W. I' Street, Suite 2032 18605 NW 27th Avenue Miami, Florida 33128 Miami Gardens, Florida 33056 With a copy to: With a copy to: Terrence A. Smith Sonja K. Dickens, City Attorney Assistant County Attorney 18605 NW 27th Avenue 111 NW 1'Street, Suite 2810 Miami Gardens, Florida 33056 Miami, Florida 33128 12. DOCUMENTS & MARKETING MATERIALS. Any documents and marketing materials to include, but not limited to, flyers, banners, advertisements created by SERVICE PROVIDER under this Agreement shall be submitted to CITY for approval prior to distribution. 13. TARDINESS & CANCELLATIONS. Any planned cancellations or changes must be approved by CITY. CITY reserves the right to terminate this Agreement for any reason, including tardiness or unapproved cancellations. 4 Page 39 of 99 City of Miami Gardens Worksite Agreement 14. MISCELLANEOUS. a. This Agreement is the only Agreement between SERVICE PROVIDER and CITY and may be amended in writing and agreed upon by both parties. No waiver of any term or condition of this Agreement shall be continuing waiver thereof. b. SERVICE PROVIDER shall, without additional expenses to CITY, be responsible for obtaining any necessary licenses and for complying with any applicable federal, state, county, and municipal laws, ordinances, and regulations in connection with the performance of the services specified herein. c. SERVICE PROVIDER shall regularly confer with the Recreation Department Director or designee, and shall attend all meetings as required by the Recreation Department Director or designee. d. No modification, amendment, or alteration of the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. e. This Agreement sets forth the full and complete understanding of the Parties as of the effective date, and supersedes any and all negotiations, agreements, and representations made or dated prior to this Agreement. f. SERVICE PROVIDER 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 all times. g. This Agreement shall be construed and governed pursuant to Florida law. Any litigation between the parties,which arises out of or is related to this Agreement, shall be maintained solely in the Florida state courts situated in Miami-Dade County, Florida. Further, the parties hereby expressly waive any right to trial by jury in any litigation between the party, which arise out of or is related to this Agreement. h. In the event that either party is required to file legal action to enforce provisions under this Agreement, the prevailing party shall be entitled to its costs of collection, attorney's fees and costs, and interest at the maximum rate allowable by law. 15. COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAWS. To the extent required by law, SERVICE PROVIDER shall comply with the public records laws in accordance with Chapter 119,Florida Statutes. Specifically, SERVICE PROVIDER agrees to comply with Section 119.0701,Florida Statutes. 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 official business by any agency, as defined 5 Page 40 of 99 City of Miami Gardens Worksite Agreement in Section 119.011, Florida Statutes, as amended. The CITY shall make the sole determination of which records, if any, are exempt from inspection. This clause shall serve the duration of the Agreement. IF THE SERVICE PROVIDER OR CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SERVICE PROVIDER OR CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 18605 NORTHWEST 27TH AVENUE, MIAMI GARDENS, FLORIDA 33056. 16. SEVERABILITY. If any term or provision of this Agreement shall to any extent be held invalid or illegal by a court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, and each term and provision of this agreement shall be valid and be enforced to the fullest extent permitted by law. 17. WAIVER The failure of either party to this Agreement to object to or to take affirmative action with respect to any conduct of the other which is in violation of the terms of this Agreement shall not be construes as a waiver of the violation or breach, or of any future violation, breach or wrongful conduct. No waiver by the CITY of any provision of this Agreement shall be deemed to be a waiver of any other provisions hereof or of any subsequent breach by SERVICE PROVIDER of the same,or any other provision or the enforcement thereof. The CITY's consent to or approval of any act by SERVICE PROVIDER requiring the CITY's consent or approval shall not be deemed to render unnecessary the obtaining of the CITY's consent to or approval of any subsequent consent or approval of SERVICE PROVIDER,whether or not similar to the act so consented to or approved. 6 Page 41 of 99 City of Miami Gardens Worksite Agreement 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, Miami-Dade Economic Advocacy Trust, an agency and instrumentality of Miami-Dade County By: By: Cameron Benson John Dixon, Executive Director City Manager 111 NW 1 Street, Suite 2032 Miami, FL 33128 Phone Number: 305-375-5661 E-mail: MCCLOUDAmiamidade.gov Tax Id. No. ATTEST: ATTEST; HARVEY RUVIN, Clerk By: By: Mario Bataille, City Clerk Deputy Clerk Approved as to Legal form: Approved as to form and legal sufficiency: By: By: City Attorney Terrence A. Smith Assistant County Attorney 7