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1996-112NTETC ord ORDIN CE NO - \\ 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 Educatlon & Traznlng Co-op, Inc , mn a form substantzally szmzlar to the agreement attached hereto as Exhlbzt A, and subject to final approval by the Cmty Attorney SECTION II That the City Manager zs hereby authorized to expend funds in an amount not to exceed $94,760 mn satmsfact~on of the City's obllgatzons under the agreement as flnalzzed SECTION III That this ordinance shall become effective lmmedzately upon zts passage and approval PASSED AND APPROVED this the ~ day of ~/~ , 1996 ~ ATTEST BOB CASTLEBERRY, MA/ ~ NNIF~FWALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBE~.I3UTY; CITY ATTORNEY 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 t~me 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 2 City for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other C~ty employee benefit NTETC shall control all ways and means incident to the proper performance and completion of th~s 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 AGAINSTANYAND 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. Th~s Agreement shall beg~n on the date th~s agreement has been executed by both parties and end when the all services have been performed and all conditions of th~s Agreement have been sat~sfled 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 th~s 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 C~ty upon termination of this agreement VII Personnel. For the purpose of th~s agreement the key persons who w~ll 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 w~th C~ty VIII Non Waiver. Approval of any report or other services by C~ty shall not be deemed a release of the responsibility of NTETC for the accuracy and competency of ~ts 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, ~ts employees, officers, or agents 3 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 ~overning 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 jurisdiction of any suit or cause of action arising under or in connection with this agreement shall be exclusively in a court of competent jurisdiction 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 wxth 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~~R~~ MAYOR' NORTH TEXAS EDUCATION & TRAINING CO-OP, INC ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY ~~urces is hereb desl hated as the representative o3~-~he City of De/ ~Tq~a'f-the' Director o~-~quman R_eS%ton to admlnlYster t~e provisions of ih~t~ ~ ATTEST NORTH TEXAS EDUCATION & TRAINLNG CO-OP, LNC, Statement of Work City of Denton Summer Youth Project This scope of services shall expire ~eptember 15, 1996 Purpose: The purpose of this proposal ~s to provide Primary Services, defined below, to md~vMuals ages 16 through 21 who are economically disadvar~taged and who have bamcra to emplo.vment as determmod by J'TPA law and regular:ohs, and who meet all other ehg:b:hty reqmrements, including res:deney m the City of Denton, Texas Prunary Servtces, for the purpose of flus contract, are del'meal as orientation, retake, appheat~on and cemficatson, assessment, testua$, Individual S¢mc¢ Strategy (ISS), mentormg/tutormg, pre_ employment work maturity, career counseling and/or exp}orauon development, youth competencie$ programs, job referral and placement as further de,ct:bed m the contract and statement of work dunng the entu-e contract period thereof NTETC shall provide the City of Denton wtth up to forty (40) quabty Job Training Parmersh~p Act (JTPA) ehgtble youth ages 16 to 21 years old The employment program and services will lac provided during the period of this Agreement m accordance with the provisions of the lob Training Partnership Act, Public Law 97 300. regulauon$ promulgat~l under the Act aM requirements from the City of Denton HI,man Resources Department NTETC shall pay all salaries at mm~mum wage (,M 25 per hour) for a n~ximum period often (10) weeks and will also pay FICA and provide coverage by a workers' compensation policy Payment of FICA and the workers' comp premium is :nclusive ua the hourly rates hstod m the Payroll ~erv~ces section of tlus statement of work Pro_~ram Res0onsibtllties: Performance of this Contract shall be the responsibility of the Contractors hereafter known as NTETC: NTETCshall admmister city funds for this project in a manner consistent wath the Act, the ITPA regulations, the U $ Department of Labor's Fmanc:al Management Manual and the Texas Department of Commerce's Financial Management Manual, the requirements contained la accordanc.¢ with provisions spec:fled ua the contract and any and all amendments approved by the City of Denton NTETC will prowde the following services, and staffing, necessary for coordination and provision of youth services to eligible C~ty of Denton youth clients 1. Service Plan/Program Des~n: NTETC will prowde Primary Services m the dehvery of Job Training Partnership Act (J T P A ) youth program for the C~ty of Denton These services are designed to prowde Denton youth w~th education through work experience and work based learmng NTETC will prowde youth payroll services as described m the Summary of Services section on the preceedmg page Act~wt~es are designed to bnng economically thsadvantaged youth into the program, to assess their needs, ~nterests, and capabilities, match the selected youth w~th pos~t~ons prowded by the C~ty of Denton and to develop and ~mplement a plan of actton for ach~ewng their conttnu~ng education and future employment goals The sequence of Act~v~ttes available to youth seeking employment/education opportumt~es (as appropriate to the individual) include 1) Onentanon, 2) Apphcat~on/Intake, 3) Cert~ficat~on/Ehg~bfl~tyfImt~al Assessment (to include smtabfl~ty determination) and/or referral, 4) Object~ve Assessment, resulting ~n an 5) Ind~wdual Service Strategy (ISS), 6) Pre-Employment Work Maturity, Career Exploration Workshop, Job Club, Counsehng, and Bas~c/Remedml Education, 7) Core Training Activities Work Experience, Youth Competenc~es programs, 8) post assessment of the individual youth participant The intended outcome of the J T P A trmmng and serwces ~s return to school or unsubsidized job placement as outhned m the act Object~ves will include the demonstration of actuevement or ~mprovement m cogmt~ve employabfl~ty skills, hands on experience ~n a real work enwronment w~th an average of at least a 2 5 evaluation score by work s~te supervisors, and grade level gmns ~n basic skills by those participating m remedial programs Payroll Services North Texas Education & Tra~mng Co-op wll collect t~me sheets and run payroll checks every other week All youth v~ll be prod $4 25 per hour for up to 40 hours a week dependent upon actual hours worked by the ~nd~v~dual and w~ll bill the C~ty 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 Th~s project wtll last for a per~od not to exceed ten (10) weeks total AIl rema~mng contracted t~me wtll 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 adm~mstratlon fees W~tl~n two weeks after the end of a calendar month, a report (see attachment wll be subrmtted to the designated c~ty department showing the actual amount of expenditures for the prior month plus total costs for the project to date Reimbursement of Fundtng: The U S Congress passed hm~ted funding for the Sununer Youth Program for 1996 As a whole, NCTCOG received 70% of the normal funding levels so the llabd~ty for the C~ty 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 tn flus contract Thus, JTPA will fund 70% of the City of Denton's Summer Youth project and the City w~ll 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, ehg~bihty requirements, program goals, and orientation to complaint procedures Tlus process w~ll 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 individual Orientation may be presen~d to a group or given individually Other orientations 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 J-TPA certified applicants designed to acquaint them with a basic knowledge and understanding of the City's summer youth program and work responslbllmes will be conducted by NTETC This onentatron 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 m 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 Tins 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 ofNTETC, JTPA time sheets and attendance records, instruction in the evaluation of each participant's improvement in psycho-motor employablhty skalls dunng the work experience, applicable cbald 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 3 Apphcatton and Intake Certt. ticatton (Enrollment/Selection Criteria). North Texas Education and Tmimng Co-op will maintain staffing with qualified personnel in each outreach office NTETC w~ll ensure that determination ofehgiblllty of each applicant for employment with the City of Denton is ~n 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 lnterview~ng and screemng the applicant, discerning areas needed for documentation of possible ehglbahty for all JTPA programs, obtmmng releases for needed information, answenng any questions and making referrals to other agencies as appropriate Once an application is complete, including all verification documents pertaining to ehglbfl~ty such as U S birth cemficate, address verification, family income, selective service status 0f applicable), hand~capped status, ere the apphcant will be scheduled for a certfficat~on ~nterv~ew If NTETC finds a person to be ~nehgible or tmsmtable prior to the certffication interview, he or she w~ll be referred to other known commumty resources that may better suit lndiwdual needs Th~s referral process w~ll also take place ~f a person has been found ~nehgible after the certfficatlon interview 4. Ob. tectlve Assessment The objecttve assessment process ~s designed to determine pre-employment work maturity, apt~tudes/abalmes, ~nterests, personal goals, and educational deficiencies that will be used m developing an appropriate Individual Service Strategy NTETC staff shall use testing, ~nterv~ewmg, and counsehng ~n the assessment process Assessment w~ll actually begin dunng the ~ntake/certfficat~on/m~t~al assessment process as barriers to employment are ldentffied After complettng the certfficatlon and the smtabihty determination, NTETC shall commence a more focused approach to assessment w~th the ~nd~wdual betng scheduled for and tested for functional skill levels and ~nterests The mlmmal slolls to be measured by NTETC are reading and math More comprehensive areas of testing may be done ffneeded Some md~wduals may be exempted fi.om testing If they have disablht~es that create bamers to vahd testing In these cases, assessment data w~ll be collected fi.om other rehable sources if avadable and meet the need of the partm~pant In addition to academic testing, NTETC will assess interest and aptitude assessments as ~ndmated by ~nd~wdual need Outside sources may also be ut~hzed for more comprehensive testing needs in both assessment of basra skdls and work specffic skills NTETC shall prowde a Career Exploratton Workshop as an additional assessment tool based upon ~nd~wdual need Dunng this three day workshop the youth can rewew and evaluate bas work values, decision making abilities, analyze adaptive and transferrable skills, ~nterests, aptitudes and use tins self evaluation to explore future careers wbach ~nd~cate a good match and chance for success ff pursued NTETC shall prowde a Career Spec~ahst to rewew assessments of school reports, work experience, and work related slolls NTETC shall bnng together all assessments that have been completed to form a pmture ofwbere the lndlwdual stands in relation to future employment goals During the ISS session, short and long term goals are ~dentffied Employment readiness w~ll be rewewed ~ncludmg academm, pre-employment, vocational, personal characteristics, and employment bastory assessments Bamers to employment, based on these assessments and personal needs will be targeted for evaluation The strategy wdl evolve as the identification of specific needs to accomplish goals unfolds The Service Plan will then outhne the JTPA servmes and the objectives of these servtces towards meeting the ~ndlwdual's employment or education goal and an act~vlty assignment, to ~nclude t~me hnes or referral to employment w~th the C~ty of Denton will be made * Youths determined to be one or more years behind grade level in basic education skdls wtll be referred to available JTPA remedlatlon, * Youths determined to be deficient ~n pre-employment skills anll be provided a minimum of 16 hours of labor market/pre-employment work maturity training The apphcant vail review the plan, sign the plan stating agreement and certlt~ understanding of the purpose of JTPA, h~s/her actlwty assignment, goals, clwl rights, complaint procedure, partic~pant lumtat~ons, and obhgations, rules and benefits associated with enrollment The participant vail receive a copy of this "Ind~wdual Service Strategy" and a copy w~ll be kept m their official file 5 Core Tratntng. Pre-Employment Work Maturity- 16 + Hours Pre-employment work maturity (PEWM) uall be offered by NTETC to all students referred to the City for employment This program will offer a m~mmum of 16 hours training and world of work ~nformatlon for yonth ages 16 to 21 The NTETC curriculum for PEWM ~s a competency based program coanect~ng school to work by incorporating the SCANS skills re.lob seeking, getting, and keeping as well as personal development including basic hfe slalls Pre-employment Work maturity (PEWM) may also occur w~th other ent~t~es beside NTETC, such as local school d~stncts, alternative education programs, and other JTPA contractors Refer to the charts for a cumculum outhne Work Experience One of the largest components of the C~ty of Denton program, work experience will offer all program youth who need to gatn work maturity and .lob experience a full or part time work assignment at specified pos~tions w~thm city departments Thc program will be managed by a Youth Career Specmhst and additional assigned Spec~ahsts and support staff After a survey of participating work sites, the Spee~al~st w~ll grade each partic~pant in selecting together the most appropriate City.lob opportumty, the participant will then schedule an interview If the participant is not selected, the select,on process starts over and continues tmtfl appropriate placements are ~dentlfied Momtonng and evaluation of the work s~tes vall be continuous to ensure success and accomphshment of the C~ty of Denton program goals 6 Su.oplemental Tratntne_ and Career Exploratton Workshops - As stated earlier ~n th~s statement of work, the Career Exploration Workshop provides clients w~th world of work information, occupational guidance to include non-traditional employment for women, an interest inventory, work values, dects~on making, skills analys~s and finally, and provides assistance m the individual selection of an occupational goal Please refer to the charts for a curriculum outline Job Development/Placement -Ttrne as Reqmred NTETC will offer placement assistance for youth ready for subs~dized employment, yet lacking or needing rewew in labor market ~nformat~on and/or successful job search The best and most quahfied youth wall be selected to fill c~ty pos~t~ons 7 Instruettonal methods/materials: Pre-Employment Worl~ Maturt~ Currtculum Outhne Introduction to SCANS Work Value and Etlucs Job Seeking, Networking & Newspaper Search Master Apphcat~on Resume Interview Self Esteem and Being Umque Cultural D~vers~ty Sexual Harassment Stress Management Decision Making T~me Management Money Matters Career Exploratton Currtculum Outhne Stress Management Attitude Transferable Sl~lls Work Values Self Esteem & Self Image Career Interest Inventory (SDS) Use of Career Resource Material (OOH, GOE, DOT) Decision Making T~me Management Budgets Non-Traditional Employment for Women & Men Occupational Outlook Selecting a School Ftnanc~al A~de/Loan Cotmsehng City of Denton Budget for Summer Youth Program 1996 _Cay of Denton ~ FUNCTION JTPA Funding Ftmdlng Payroll for Summer Youth ** Hourly Inc Workers' Comp 5 15 5 15 Hours per week 40 40 Youth to be Served 28 12 Total for 10 weeks $57,680 $24,720 ._Adm~mstrat~on & Program Services $3,708, Total Budget for Summer Youth '96 $57,680 $28,428 ** Subject to the pro rata reduction based upon available Federal funding City of Denton Summer Youth Project Monthly Report Report Submitted by Contract Amount. $94,760 North Texas Education &Tratning Total Weeks Current Payroll Payroll Budget Month To Date Payroll Amt To Date Budget RemaJmng May, 1996 June, 1996 July, 1996 August, 1996 Cummulahve Expenditures through Estimated Cash Needs for the Month of Total Projected Outlays (L~ne 1 + L~ne 2) Less Cash Prewously Received ( Amount Now Requested hereby cerbfy to the best of my S~gnature of Preparer ::)ate mowledge & belief that th~s report is correct & that all outlays & obhgat~ons S~gnature of Certifying Official 3ate are for the purposes set forth ~n the contract documents T~tle of Official Executive D~rector This Report is Due to the City of Denton by the 15th Calendar Day of Each Month