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HomeMy WebLinkAbout1996-112WETC Ord ORDINANCE NO Q(0-k10�, AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF DENTON, TEXAS TO EXECUTE A CONTRACT FOR SERVICES WITH NORTH TEXAS EDUCATION & TRAINING CO-OP, INC , AUTHORIZING THE EXPENDITURE OF FUNDS IN AN AMOUNT NOT TO EXCEED $94,760, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the Mayor is authorized to execute an agreement with North Texas Education & Training Co-op, Inc , in a form substantially similar to the agreement attached hereto as Exhibit A, and sub3ect to final approval by the City Attorney SECTION II That the City Manager is hereby authorized to expend funds in an amount not to exceed $94,760 in satisfaction of the City's obligations under the agreement as finalized SECTION III That this ordinance shall become effective immediately upon its passage and approval y PASSED AND APPROVED this the /� - day of 1996 BOB CASTLEBERRY, ATTEST r JA 49 NNIFE WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM STATE OF TEXAS § COUNTY OF DENTON § AGREEMENT FOR A SUMMER YOUTH PROGRAM BETWEEN THE CITY OF DENTON AND NORTH TEXAS EDUCATION & TRAINING CO-OP, INC The City of Denton (City), a municipal corporation located in Denton County, Texas, and North Texas Education & Training Co -Op, Inc (NTETC or Contractor), a Corporation operating in Denton, Texas, agree as follows I Services to be Performed by Contractor. City retains North Texas Education & Training Co -Op, Inc to provide services to City by administering a Summer Youth Program within the guidelines of the Job Training Partnership Act (JTPA), as outlined in the attached proposal shown in Exhibit I NTETC will work as an independent contractor, not under direct supervision or control of City, commencing immediately upon execution of this agreement A NTETC shall perform all services in a timely fashion, and shall complete same in accordance with schedules established by the Mayor and City Council and other city management, as designated, as necessary to carry out the terms and conditions of this agreement NTETC understands and agrees that time is of the essence in completing the services set forth in this agreement II Compensation to be Paid Contractor. City agrees to pay NTETC as follows A A fee as provided in the attached proposal for providing contracted services NTETC shall bill the City through submission of invoices, statements and other supporting data indicating the progress of the work and the services performed, and showing who performed the work, what type of work was done, and the details of all services performed As stated in the attached proposal, all billings are sub]ect to a pro rata reduction, based upon the ratio of available Federal funding this year to the available Federal funding for the prior year B Nothing contained in this section shall require City to pay for work which has not been satisfactorily performed in accordance with the terms and conditions of this agreement III Independent Contractor. NTETC is an independent contractor and shall not be deemed to be considered an employee of OA City for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit NTETC shall control all ways and means incident to the proper performance and completion of this Agreement IV INDEMNIFICATION. NTETC SHALL INDEMNIFY AND HOLD HARMLESS CITY ITS OFFICERS AND EMPLOYEES FROM ANY AND ALL DAMAGES, LOSSES OR LIABILITY OF ANY KIND WHATSOEVER, BY REASON OF INJURY TO PROPERTY OR THIRD PERSONS TO THE EXTENT DIRECTLY AND PROXIMATELY CAUSED BY THE ERROR, OMISSION OR NEGLIGENT ACT OF NTETC, ITS OFFICERS, AGENTS, EMPLOYEES, AND INVITEES IN THE PERFORMANCE OF THIS AGREEMENT, AND NTETC WILL, AT ITS COST AND EXPENSE, DEFEND AND PROTECT CITY AGAINST ANY AND ALL SUCH CLAIMS AND DEMANDS INCLUDING, WITHOUT LIMITATION, THE PAYMENT OF REASONABLE ATTORNEY FEES AND COURT COSTS INCURRED IN THE DEFENSE OF CITY V Term. This Agreement shall begin on the date this agreement has been executed by both parties and end when the all services have been performed and all conditions of this Agreement have been satisfied unless sooner terminated under Section VI, "Cancellation" VI Cancellation. City may cancel this Agreement at any time by giving fourteen (14) days prior written notice If this contract is terminated prior to the hiring of a candidate, NTETC shall invoice and City shall pay Contractor for all work satisfactorily completed up to the time Contractor receives the notice All reports and other documents, or data, or work related to this agreement shall become the property of City upon termination of this agreement VII Personnel. For the purpose of this agreement the key persons who will be performing most of the work hereunder shall be staff of NTETC who shall devote a substantial amount of time to providing the services hereunder However, nothing herein shall limit NTETC from using other qualified and competent members of their firm to perform the services required herein Any such personnel shall not be employees of or have any contractual relationship with City VIII Non Waiver. Approval of any report or other services by City shall not be deemed a release of the responsibility of NTETC for the accuracy and competency of its work, nor shall such approval be deemed to be an assumption of such responsibility by City for any defect in any report or other documents or services prepared or provided by NTETC, its employees, officers, or agents e3 IX Assignability. NTETC shall not assign any interest in this agreement and shall not transfer any interest in this agreement (whether by assignment, novation, or otherwise) without the prior written consent of City X Governing Law/Venue. For the purpose of determining place of agreement and the law governing same, this agreement is entered into in the City and County of Denton, Texas, and shall be governed by the laws of the State of Texas Venue and 3urisdiction of any suit or cause of action arising under or in connection with this agreement shall be exclusively in a court of competent 3urisdiction sitting in Denton County, Texas XI Compliance with Laws. NTETC shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered in this agreement XII Captions. The captions or headlines of the sections and paragraphs of this agreement are for informational purposes only and shall not in any way affect the substantive terms or conditions of this agreement XIII Conflict with Attachments. In the event that any provision of this Agreement differs materially with any other attachment, exhibit, or communication, whether written or oral, the terms of this agreement shall govern This agreement may not be modified except upon the mutual written agreement of both parties Executed this the day of 19� JACK LLER MAYOR NORTH TEXAS EDUCATION & TRAINING CO-OP, INC 11Y 4("t //� - all ATTEST JENNIFER WALTERS, CITY SECRETARY g � � 4 APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY ThaE the Director o uman Resources is hereby designated as the representative o e City of Denton to administer the provisions of this AgreeSarnt MAYO ATTEST NORTH TEXAS EDUCATION & TRAINING CO-OP, INC. Statement of Work City of Denton Summer Youth Project This scope of services shall expire September 15, 1996 The purpose of this proposal is to provide Primary Services, defined below, to individuals ages 16 through 21 who are economically disadvantaged and who have barters to employment as determined by JTPA law and regulations, and who meet all other eligibility requirements, including residency in the City of Denton, Texas Primary Services, for the purpose of this contract, are defuied as orientation, intake, application and certification, assessment, testing, Individual Service Strategy (ISS), mentoring/tutoring, pre- employment work maturity, career counseling and/or exploration development, youth competencies programs, Job referral and placement as further described in the contract and statement of work during the entire contract period thereof NMTC shall provide the City of Denton with up to forty (40) quahry Job Trauung Partnership Act (JTPA) eligible youth ages 16 to 21 years old The employment program and services will be provided during the period of this Agreement in accordance with the provisions of the Job Training Parmerstup Act, Public Law 97 300, regulations promulgated under the Act and - requirements from the City of Denton Human Resources Department NTETC shall pay all salaries at minimum wage ($4 25 per hour) for a maximum period of ten (10) weeks and will also pay FICA and provide coverage by a workers' compensation policy Payment of FICA and the workers' comp premium is inclusive in the hourly rates listed in the Payroll Services section of dus statement of work 6W .i, ';,..,, , Performance of this Contract shalt be the responsibillty of the Contractors hereafter known as NTETC. NTETC shall admtnister city funds for this project in a manner consistent with the Act, the JTPA regulations, the U S Department of Labor's Financial Management Manual and the Texas Department of Commerce's Financial Management Manual, the requirements contained in accordance with provisions specified in the contract and any and all amendments approved by the City of Denton NTETC will provide the following services, and staffing, necessary for coordination and provision of youth services to eligible City of Denton youth clients 1. NTETC will provide Primary Services in the delivery of Job Training Partnership Act (J T P A) youth program for the City of Denton These services are designed to provide Denton youth with education through work experience and work based learning NTETC will provide youth payroll services as described in the Summary of Services section on the preceeding page Activities are designed to bring economically disadvantaged youth into the program, to assess their needs, interests, and capabilities, match the selected youth with positions provided by the City of Denton and to develop and implement a plan of action for achieving their continuing education and future employment goals The sequence of Activities available to youth seeking employment/education opportunities (as appropriate to the individual) include 1) Orientation, 2) Application/Intake, 3) Certification/Eligibility/Initial Assessment (to include suitability determination) and/or referral, 4) Objective Assessment, resulting in an 5) Individual Service Strategy (ISS), 6) Pre -Employment Work Maturity, Career Exploration Workshop, Job Club, Counseling, and Basic/Remedial Education, 7) Core Training Activities Work Experience, Youth Competencies programs, 8) post assessment of the individual youth participant The intended outcome of the J T P A training and services is return to school or unsubsidized job placement as outlined in the act Objectives will include the demonstration of achievement or improvement in cognitive employability skills, hands on experience in a real work environment with an average of at least a 2 5 evaluation score by work site supervisors, and grade level gams in basic skills by those participating in remedial programs Payroll Services North Texas Education & Training Co-op will collect time sheets and run payroll checks every other week All youth will be paid $4 25 per hour for up to 40 hours a week dependent upon actual hours worked by the individual and will bill the City of Denton at an hourly rate of $5 15 per hour to cover wokers' compensation and FICA payments for summer employees not subject to federal reimbursement as shown below This project will last for a period not to exceed ten (10) weeks total All remaining contracted time will be used for program start-up and close-out A request for funds will be made to the designated department for an amount not to exceed a one month projected payroll and administration fees Within two weeks after the end of a calendar month, a report (see attachment will be subnutted to the designated city department showing the actual amount of expenditures for the prior month plus total costs for the project to date Reimbursement of Funding: The U S Congress passed limited funding for the Summer Youth Program for 1996 As a whole, NCTCOG received 70% of the normal funding levels so the liability for the City of Denton will be handled as follows NCTCOG will provide total funding for 28 youth based on the ratio of funding received for 1996 vs 1995 The twelve additional youth employed by the City would be at the City's expense based on the hourly rate defined in this contract Thus, JTPA will fund 70% of the City of Denton's Summer Youth project and the City will fund 30% not to exceed the rates established under Payroll Services in this statement of work 2 Orientation Prior to the application process, all interested individuals will be given a thorough orientation to JTPA services, eligibility requirements, program goals, and orientation to complaint procedures This process will promote understanding of the City's summer program and services available, the application process, what the program expectations are and how the services may benefit the m(ividual Orientation may be presented to a group or given individually Other onentations will be targeted for 1) JTPA certified applicants prior to enrollment, 2) Pre -employment Work Maturity training, and, 3) City work site supervisors Orientations for JTPA certified applicants designed to acquaint them with a basic knowledge and understanding of the City's summer youth program and work responsibilities will be conducted by NTETC This orientation will include topics such as work rules, grievance procedures, counseling services, tips on how to keep a job, including the role of the supervisor, payroll and time sheet information and schedules, and tips on managing money The pre-program orientation will take from one to four hours dependent upon the number of youth orientated at a time A more extensive orientation to the world of work and career counseling will be offered and is described later in the Statement of Work The orientation for City of Denton work site supervisors will be offered by NTETC several times prior to enrollment of participants All work site supervisors are required to attend at least one session This orientation covers the purpose of the Summer Youth Employment and training Program (SYETP), job descriptions, supervisor responsibilities, time and attendance procedures, work hours, lunch and break times, holidays and leaves, participant compensation and benefits, payroll procedures of NTETC, JTPA time sheets and attendance records, instruction in the evaluation of each participant's improvement in psycho -motor employability skills during the work experience, applicable child labor laws, emergency information, grievance procedures and civil rights, termination procedures, and the NTETC contact person and applicable telephone number Each supervisor will receive a Work Site Supervisor's Handbook, SCANS, and a copy of the Child Labor Law Bulletin North Texas Education and Training Co-op will maintain staffing with qualified personnel in each outreach office NTETC will ensure that determination of eligibility of each applicant for employment with the City of Denton is in accordance with Section 301(a) of the Job Training Partnership Act The NTETC Youth Career Specialist, in most instances will handle the intake process and go to the in -school youth rather than having them try to get a ride into the agency The Specialist will complete (or assist the participant to complete) the application by interviewing and screening the applicant, discerning areas needed for documentation of possible eligibility for all JTPA programs, obtaining releases for needed information, answering any questions and making referrals to other agencies as appropriate Once an application is complete, including all verification documents pertaining to eligibility such as U S birth certificate, address verification, family income, selective service status (if applicable), handicapped status, etc the applicant will be scheduled for a certification interview If NTETC finds a person to be ineligible or unsuitable prior to the certification interview, he or she will be referred to other known community resources that may better suit individual needs This referral process will also take place if a person has been found ineligible after the certification interview MlIffi, • M74 The objective assessment process is designed to determine pre -employment work maturity, aptitudes/abilities, interests, personal goals, and educational deficiencies that will be used in developing an appropriate Individual Service Strategy NTETC staff shall use testing, interviewing, and counseling in the assessment process Assessment will actually begin during the intake/certification/mitial assessment process as barriers to employment are identified After completing the certification and the suitability determination, NTETC shall commence a more focused approach to assessment with the individual being scheduled for and tested for functional skill levels and interests The minimal skills to be measured by NTETC are reading and math More comprehensive areas of testing may be done if needed Some individuals may be exempted from testing if they have disabilities that create barriers to valid testing In these cases, assessment data will be collected from other reliable sources if available and meet the need of the participant In addition to academic testing, NTETC will assess interest and aptitude assessments as indicated by individual need Outside sources may also be utilized for more comprehensive testing needs in both assessment of basic skills and work specific skills NTETC shall provide a Career Exploration Workshop as an additional assessment tool based upon individual need During this three day workshop the youth can review and evaluate his work values, decision making abilities, analyze adaptive and transferrable skills, interests, aptitudes and use this self evaluation to explore future careers which indicate a good match and chance for success if pursued NTETC shall provide a Career Specialist to review assessments of school reports, work experience, and work related skills NTETC shall bring together all assessments that have been completed to form a picture of where the individual stands in relation to future employment goals During the ISS session, short and long term goals are identified Employment readiness will be reviewed including academic, pre -employment, vocational, personal characteristics, and employment history assessments Barriers to employment, based on these assessments and personal needs will be targeted for evaluation The strategy will evolve as the identification of specific needs to accomplish goals unfolds The Service Plan will then outline the JTPA services and the objectives of these services towards meeting the individual's employment or education goal and an activity assignment, to include time lines or referral to employment with the City of Denton will be made * Youths determined to be one or more years behind grade level in basic education skills will be referred to available JTPA remediation, Youths determined to be deficient in pre -employment skills will be provided a minimum of 16 hours of labor market/pre-employment work maturity training The applicant will review the plan, sign the plan stating agreement and certify understanding of the purpose of JTPA, his/her activity assignment, goals, civil rights, complaint procedure, participant limitations, and obligations, rules and benefits associated with enrollment The participant will receive a copy of this "Individual Service Strategy" and a copy will be kept in their official file Pre -Employment Work Maturity -16 + Hours Pre -employment work maturity (PEWM) will be offered by NTETC to all students referred to the City for employment This program will offer a minimum of 16 hours training and world of work information for youth ages 16 to 21 The NTETC curriculum for PEWM is a competency based program connecting school to work by incorporating the SCANS skills in job seeking, getting, and keeping as well as personal development including basic life skills Pre -employment Work maturity (PEWM) may also occur with other entities beside NTETC, such as local school districts, alternative education programs, and other JTPA contractors Refer to the charts for a curriculum outline Work Experience One of the largest components of the City of Denton program, work experience will offer all program youth who need to gain work maturity and job experience a full or part time work assignment at specified positions within city departments The program will be managed by a Youth Career Specialist and additional assigned Specialists and support staff After a survey of participating work sites, the Specialist will guide each participant in selecting together the most appropriate City job opportunity, the participant will then schedule an interview If the participant is not selected, the selection process starts over and continues until appropriate placements are identified Monitoring and evaluation of the work sites will be continuous to ensure success and accomplishment of the City of Denton program goals Career Exploration Workshops - As stated earlier in this statement of work, the Career Exploration Workshop provides clients with world of work information, occupational guidance to include non-traditional employment for women, an interest inventory, work values, decision making, skills analysis and finally, and provides assistance in the individual selection of an occupational goal Please refer to the charts for a curriculum outline Job Development /Placement - Time as Required NTETC will offer placement assistance for youth ready for subsidized employment, yet lacking or needing review in labor market information and/or successful job search The best and most qualified youth will be selected to fill city positions Pre -Employment Work Maturity Curriculum Outline Introduction to SCANS Work Value and Ethics Job Seeking, Networking & Newspaper Search Master Application Resume Interview Self Esteem and Being Unique Cultural Diversity Sexual Harassment Stress Management Decision Making Time Management Money Matters Career Exploration Curriculum Outline Stress Management Attitude Transferable Skills Work Values Self Esteem & Self Image Career Interest Inventory (SDS) Use of Career Resource Material (OOH, GOE, DOT) Decision Making Time Management Budgets Non -Traditional Employment for Women & Men Occupational Outlook Selecting a School Financial Aide/Loan Counseling City of Denton Budget for Summer Youth Program 1996 City of Denton FUNCTION JTPA Funding Funding 11 ** Inc Workers' Comp 1 5 151 5 15 401 40 Youth to be Served 1 281 12 Total for 10 weeks 1 $57 & Program Services 1 1 $3,708 Total Budget for Summer Youth '96 1 $57 ** Subject to the pro rata reduction based upon available Federal funding City of Denton Summer Youth Project Monthly Report IReport Submitted by Contract Amount. $94,760 ,North Texas Education & Training l Ili Month Total Weeks Current Payroll Payroll Budget To Date Payroll Amt To Date Budget Remaining May, 1996 June,1996 July, 1996 August, 1996 Cummulative Expenditures through Estimated Cash Needs for the Month of (Total Projected Outlays (Line 1 + Line 2) Less Cash Previously Received (— ;Amount Now Requested I hereby certify to the best of my knowledge & belief that this report is correct & that all outlays & obligations ;are for the purposes set forth in i the contract documents Signature of Preparer Date Signature of Certifying Official Date Title of Official Executive Director This Report Is Due to the City of Denton by the 16th Calendar Day of Each Month I