HomeMy WebLinkAboutAgreement-1MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF MIAMI, FLORIDA
AND THE
SOUTH FLORIDA WORKFORCE BOARD, INC
This Memorandum of Understanding (MOU), made and entered into this day of
February, 2005, sets forth the understandings of the City of Miami, Florida, hereinafter referred
as the "City" and South Florida Workforce Board, Inc., hereinafterp¢ferred as "SFWB, Inc."
relating to the provision of employment services through the Miami Project to residents
and construction- related employers in the City.
WHEREAS, the mission of SFWB, Inc. is to pro e "hi
training solutions to job seekers, workers, and employe Q ester regi
and
WHEREAS, SFWB, Inc. offers employnii
employers; and
lity employment and
economic growth";
services to Ci sidents and
WHEREAS, the priority populate n for SFWB, Incry the hard -to -serve and many of the
clients of SFWB, Inc. are individuals ands 'es of limited or wealth and income living in
the City; and
by SFWB, Inc. and numerous
construction- related emp, the City nee alified wa ers; and
and
WHEREAS, construction is one of t
WHEREAS = . B, Inc`wsires to hav` three (3) year commitment from the City;
WHI
employmn achievi
pursue the
es the gi 'of SFWB, Inc. to assist the City's residents and
objectives; and
REAS, the and SB, Inc. have found common opportunities to jointly
on missioni goal'sreferenced above.
NOW
covenants, and pay i
I. RECITALS
The recitals are true and correct and are hereby incorporated into and made a part of this
Agreement.
FOB'., in consideration of the mutual terms, conditions, promises,
`einafter set forth, the City and SFWB, Inc. agree as follows:..
II. TERMS AND TIME OF PERFORMANCE
This MOU shall commence on the day of February 2005 and terminate on June 30,
2005. This MOU may be renewed on an annual basis upon the written mutual
agreement of both parties for one (1) or more, up to two (2), additional twelve (12)
month periods. During this initial MOU, the City shall provide the funds for this Miami
Works Project until and including June 30, 2005.
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05-001s3 — -1
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III. COMPENSATION
The City agrees to compensate the SFWB, Inc for the costs associated with the provision
of the services provided through the Miami Works Project in accordance with the
Exhibit B, Budget. It is acknowledged and agreed by the SFWB, Inc. that $ is
the maximum payable and constitutes a limitation upon the City's obligation to
compensate the SFWB, Inc. for the costs related to this MOU. It is further agreed that
SFWB, Inc. shall utilize these funds only for the purpose set forth in this MOU.
IV. SFWB, INC. OBLIGATIONS
A. SFWB, Inc., through the Miami Works Project,
services and products, as applicable, to City reside,
B.
1.
2.
3.
The Miami Works staff shall screen ity re
individuals to City employers with onstruction
Screening services shall inlide 'Interviews
assessments. Qualified caz dates shad receive a c
and drug -screening contirr4si'r fundiriyLavailability.
The Miami Works staff shall refe
yen
from which the may benefit, to inc
and referral to n!truction job 6 we
WIA Adult/Disloca x jdd core and
b
services, and self-ser ice 3���es.
SFWB, Inc:,
City:
1.
and
trovide the following
is and refer qualified
cts within the City.
technical skills
Icr assessment
dents to other SFWB, Inc. services
but not be limited to, screening
Ings for which they qualify,
frig services, WT training
Works stafall refer cents to ap.ro.riate City s
income pr rams for assistance.
cts, as a
Works Project, shall provide the following
able, to construction- related employers in the
iami staff shall obtain detailed information on job openings
structlph -related employers in the City in order to assist them in
ualifted City residents to fill those positions.
ami Works staff, in its efforts to find qualified residents for these
ons, shall:
Post these job openings for public view in the One -Stop
Management Information System,
b. Inform SFW Employer Services staff about the opportunities for
referral to Miami Works, and
c. Perform targeted outreach to residents in the City.
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3. The Miami Works staff shall seek to insure that all candidates are
screened according to the employers' criteria and refer only those
individuals meeting the employers' criteria, to include drug —screening
and character tests.
C. SFWB, Inc. shall seek to ensure the following:
1. The Miami Works staff shall deliver services in accordance with Exhibit
A, Performance Measures. Staff shall be responsible for the recruitment
and enrollment of clients in a sufficient amount ;4;neet the needs of the
employers and achieve the goals of the prqgim.
2. The Miami Works staff shall provide info jonal and educational
literature, regarding Workforce,, yelopment" vices provided by
SFWB, Inc. for distribution di y to City resident employers.
V. CITY OBLIGATIONS: For its part i
provide the following services:
VI.
B.
rogram)escribed herein]' City shall
4a ze
11.111The City shall pay SFW Inc. the amount d ed in Exhibit B in order to fund
B.
C.
Miami Works Project acts: • til the terming
The Office of the Mayor of t1
anti -poverty
;the comma
of the City.
City's "
SFWB..a
Servid
of this agreement
,*y4:hall endorse SFWB, Inc. as the
tiatives a ';`2t`bshall communicate its support of
ty as a provider of Workforce Development
y "y iM1 i��
The City sh ee t .t the thirteen (13) Neighborhood Enhancement
�s supporter&. Miami Works Project activity by serving as
point§tieess ti%community for outreach to residents.
T OBLIGA'1VS
Theme i,es shall join 'undertake the following obligations:
A. 'I sk FWB, Inc. and the Office of the Mayor of the City of Miami shall
coo the joint development of a marketing campaign, including print,
media public service messaging to promote to residents of the City and
employees of the City the programs and services offered pursuant to this MOU.
The SFWB, Inc. and the City shall develop reporting arrangements subject to
applicable privacy requirements to share results of the program. The SFWB, Inc.
shall make a formal, annual presentation to the Office of the Mayor of the City of
Miami and the Miami City Commission regarding the results and future of the
program.
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VII. CONFIDENTIALITY OF RECORDS
The SFWB, Inc. and the City shall maintain the confidentiality of any information,
regarding program participants, that identifies or may be used to identify them and which
may be obtained through interviews, tests, reports from public agencies or counselors, or
any other source. The parties agree to abide by the current confidentiality provisions of
the applicable federal and state statutes and regulations and shall share information,
which is necessary for the administration, monitoring, performance or evaluation of the
program under this MOU.
VIII. PUBLICITY
The SFWB, Inc. and the City shall jointly announce the Pr? ''s offered hereby and
neither party shall make any such announcement without,,zat; approval of the other party
for which approval shall not be unreasonably withheld, °A edia inquiries regarding
the program shall be handled only by the respectiveublic ration Officers of the
SFWB, Inc. and of the City. The parties shall prlly notify th&her party of any such
inquiries.
IX. ASSIGNMENT
This Agreement shall not be assigned by SF
or in part, without the prior written consent of the
shall not be unreasonable withhe
X. TERMINATION WITHOUT C
The City and SFWB, INC. each ma`#ermin
thirty (30) days prior written notice toe c tier p
XI. NOTICES
It is underst6
delivered to the
The parties designaf
c or'l y,.the City of M ami, in whole
r party, in which event the consent
OU v [pout cause by providing
among the parties that written notice shall be mailed or
forth below shall constitute sufficient written notice.
ti4
rkforce Board, Inc.:
Ih Hump'"SNewbold
' xecutive Director
rida Workforce Board, Inc.
19th Street, Suite 500
, Florida 33126
For the City of Miami:
Mr. Joe Ariolla
City Manager
The City of Miami
444 SW 2nd Avenue, 10th Floor
Miami, Florida 33130
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XII. AUDIT AND INSPECTION OF RECORDS
The SFWB, Inc. shall permit the City or their designees, the State of Florida or the
federal government or any other duly authorized agent of a governmental agency to
audit, inspect, examine, excerpt copy or transcribe SFWB, Inc.'s records during the term
of this MOU and for a period of following termination of this MOU or
final payment hereunder, whichever is later, to assure compliance with the terms hereof,
or to evaluate the SFWB, Inc.'s performance hereunder. The SFWB, Inc. shall also
permit these same described entities to monitor all activities conducted by the SFWB,
Inc. pursuant to the terms of this MOU. The monitoring agency may, in its sole
discretion, deem necessary or appropriate such monitoring whicfih may consist of internal
evaluation procedures, examination of program data, special, ses, on -site checks or
any other procedure.
XIII. PUBLIC RECORDS
SFWB, Inc. and the City of Miami shall allow e:access to 11 documents, papers,
letters, or other material in accordance with %`t"he provisions of Iopter 119, Florida
Statutes, made or received by the SFWB, lam: or the City of Miami respect to the
provisions of this MOU. Failure of the gy ,
Inc or` the City of Miam''allow such
public access in accordance with state and ral_law"shall result in;;he immediate
termination of this MOU by the City of Miami or
XIV. MODIFICATION
No modification or alteration in th,t
effective unless contained in a wi en
formality as this MOU and executed li,th
XV. INDEMNIFIGAtI
The SFWB„,: rw shall i ;mnify andhold harmless, to the extent and within the
44 "v
limitations of Se ,k } 'n 7682 Fla. Stat., thl tty and its officers, employees, agents and
•
instrumentalities fro" t, losses or damages, including attorneys' fees
and % nse, wh the City' rhi s officers, employees, agents or instrumentalities
may incur as Jt of o1a ns, demands, suits, causes of actions or proceedings of any
'rid or nature ,g out o :relating to or resulting from the performance of this
, . cment by the WB, Ine or SFWB, Inc's officers, employees, agents, servants, or
pnr%s. Subject f� e limitations of Section 768.28, Fla. Stat., the SFWB, Inc. shall
pay a aims and loses in connection therewith and shall investigate and defend all
claims, sir r actio is of any kind or nature in the name of the City, where applicable,
including applat :`proceedings, and shall pay all costs, judgments, and attorney's fees
which may iss*hereupon. The SFWB, Inc. expressly understands and agrees that any
insurance protection required by this Agreement or otherwise provided by the City shall
in no way limit the responsibility to indemnify, keep and save harmless and defend the
City and the City's officers, employees, agents and instrumentalities as herein provided
and to the extent and within the limitations of Section 768.28, Fla. Stat.
The City of Miami shall indemnify and hold harmless, to the extent and within the
limitations of Section 768.28, Fla. Stat., the . SFWB, Inc. and its officers, employees,
agents and instrumentalities from any and all liability, losses or damages, including
attorneys' fees and costs of defense, which the SFWB, Inc. or its officers, employees,
agents or instrumentalities may incur as a result of claims, demands, suits, causes of
B,Inc., as applicable.
r,conditions cr`ned in this MOU shall be
�tr prepar0 with the same or similar
till' and SFWB, Inc.
ty
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actions or proceedings of any kind or nature arising out of, relating to or resulting from
the performance of this Agreement by the City or City's officers, employees, agents,
servants, or principals. Subject to the limitations of Section 768.28, Fla. Stat., the City
shall pay all claims and losses in connection therewith and shall investigate and defend
all claims, suits or actions cyf any kind or'nature ;in; the name of the SFW:a, Inc., where
applicable, including appellate proceedings,; and shall pay., all costs, judgments, and
attorney's fees which may issue thereupon. The City expressly understands and agrees
that any insurance protection required by this Agreement or otherwise provided by the
SFWB, Inc. shall in no way limit the responsibility to indemnify, keep and save harmless
and defend the SFWB, Inc. and the SFWB, Inc.'s officers, employees, agents and
instrumentalities as herein provided and to the extent and within the limitations of
Section 768.28, Fla. Stat.
XVI. DEFAULT
If SFWB, Inc. fails to comply with any term .;,acot4ition oMOU, or fails to
perform any of its obligations hereunder, then, W ; Inc. shall b& I efault. Upon the
occurrence of a default hereunder the City addition to all remedies" ailaWe to it by
law, may immediately, upon written notie t`c FWB, Ine terminate this eement.
If City fails to comply with any term or condition of this MOU, or fails to perform any of
its obligations hereunder, then the City shall be in default. Upon the occurrence of a
default hereunder the SFWB, Inc in addition>to all remedies available to it by law, may
immediately, upon written notice to the City, term state this Agreement.
XVII. CERTIFICATION OF CONDUCT,
The SFWB, Inc ar€;t ity of Miamr 11 comply;'lth all federal, state and local laws
related to con fl�{ of int nepotism at criminal and fraudulent activities.
XVIII.
XIX.
COMPLIANCLj
The SFWB, Inc. aii
lawn ,c'de;d
tire, in perfor j.
inanc
RABILITY
In t;vent a portio f this MOU is found by a court of competent jurisdiction to be
invalit, Ce remainin,provisions shall continue to be effective unless the SFWB, Inc. or
the City e . to terntate this MOU without cause.
h"x
S nr R� 'day.
XX. JOINT PREP' TION
The parties acknowledge that they have sought and received whatever competent advice
and counsel as was necessary for them to form a full and complete understanding of all
rights and obligations herein and that the preparation of this MOU has been their joint
effort. The language agreed to expresses their mutual intent 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.
S
yty with all applicable federal, state, and local
les, and 'r lations ,as same may be amended from time to
ecs, responsibilities, and obligations pursuant to this MOU.
XXI. APPLICABLE LAW AND VENUE
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This Agreement shall be interpreted and construed in accordance with and governed
by the laws of the State of Florida. Any controversies or legal problems arising out of
this MOU and any action involving the enforcement or interpretation of any rights
hereunder shall be submitted to the jurisdiction of the state courts of the Eleventh Judicial
Circuit of Miami -Dade County, Florida.
XXIII. NON-DISCRIMINATION AND EQUA
The SFWB, Inc. and the City of Miami shal
and equal opportunity provisions of the following
A. Section 188 of the Workfo Investment Act L` h>1998 (WIA), which prohibits
discrimination against all indtit � the United. Cates on the basis of race,
•
color, religion, sex, national origin,a sability., political affiliation or belief
and against beneficiaries on the bats o 4'' citizenship/status as a lawful
admitted i .authorized to work in the 1 cited States or participation in any
WIA Title — final ly assisted pgram or activity.
B. Titlewsf the it Rights A, of 1964, as amended, which prohibits
discriminat a ain ualified indivr .uals with disabilities.
C. Section 504Act of 1973, as amended, which prohibits
tion a i st qualifie ividuals with disabilities.
The Age ` rimin Act of 1975, as amended, which prohibits discrimination
on the basisae X
Title IX of Educe*" Amendments of 1972, as amended, which prohibits
crimination =the basis of sex in educational programs.
The SFW c. also ,assures that SFWB, Inc. shall comply with 29 CFR Part 37 and all
other regulalt; M1 i p1ementing the laws listed above. This assurance applies to SFWB,
Inc.'s operatioi f the WIA Title I — financially assisted program or activity and to all
agreements the} SFWB, Inc. makes to carry out the WIA Title I — financially assisted
program or activity. The SFWB, Inc. understands the United States has the right to seek
judicial enforcement of this assurance.
ITY
itFy. with the nondiscrimination
XXIV. ENTIRE AGREEMENT
This instrument and its attachments constitute the sole and only agreement between the
parties relating to the subject matter hereof and correctly sets forth the rights, duties, and
obligations of each to the other. Any prior agreements, promises, negotiations, or
representations not expressly set forth in this MOU are of no force or effect.
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END OF ARTICLE XXIV
INTENTIONALLY B
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