SAMPLE YOUTH WORK EXPERIENCE PROGRAM BOILER PLATE
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
Name of Youth Work Experience Provider Here
THIS AGREEMENT, made and entered into this day of , 2008 by and between
the State of Florida Department of Transportation, District _______, hereinafter referred to as
DOT and the YOUTH WORK EXPERIENCE PROVIDER, duly authorized to conduct business
in the State of Florida, hereinafter referred to as YWEP. This Agreement shall begin upon
execution by both parties and end June 30, 2009.
WHEREAS, DOT is authorized under Section 334.351, Florida Statutes to enter into this
Agreement. YWEP crew teams are to perform regularly scheduled and specific Maintenance
activities as described in the Scope of Services, attached hereto and made a part hereof.
NOW THEREFORE, in recognition of the mutual benefits and considerations set forth herein,
the parties hereto covenant and agree as follows:
1. DOT shall prepare individual Letters of Authorization (LOA) specifying schedules,
activities/work projects, estimated quantities with maximum amount of LOA, locations
and required completion dates. Prior to beginning work under each Authorization, the
DOT shall orient YWEP supervisors regarding location, technical aspects, safety, and
In the event work is not completed by the required completion date, YWEP shall provide
to the DOT written justification and also a plan of action describing in detail how the
crew will perform the work in a timely manner for subsequent LOAs.
2. YWEP will provide all labor and hand tools, as necessary and appropriate to perform the
required work in accordance with the current editions of FDOT Standard Specifications
for Road and Bridge Construction and FDOT Roadway and Traffic Design Standards.
When specific tools are required to perform the assigned work, other than ordinary hand
tools provided by the YWEP, they may be furnished by the DOT.
3. YWEP shall provide safety equipment including vests and all personal items of clothing
appropriate for the season of the year.
4. When a specific piece of equipment is required, the DOT may furnish said equipment and
operator, for a reasonable period, to perform the required work.
5. DOT shall furnish YWEP all materials necessary to perform assigned work, except as
may be provided in this Agreement.
6. YWEP shall accept responsibility for the use and Maintenance of any tools, equipment,
supplies, and materials that may be furnished by the DOT. The YWEP supervisor upon
issuance and return of non-expendable items shall sign a hand receipt. In the event of
damage to DOT property, caused directly or indirectly by YWEP or its agents’ and/or
employees’ negligence, act or omission, YWEP shall replace or repair DOT’s property to
its previous condition.
7. DOT agrees to obtain all permits, licenses, approvals, and clearances from governmental
agencies necessary for the completion of the assigned work.
8. DOT shall provide technical assistance on the proper work methods, work zone traffic
control, calculating and reporting of production, and use of equipment as required or
necessary for job safety to YWEP crew team supervisors. The YWEP team supervisors
shall in turn be responsible for providing to crew team members technical assistance on
the proper work methods, work zone traffic control, calculating and reporting of
production, and use of equipments required or necessary for job safety.
9. YWEP shall ensure that crew teams, supervisors and necessary administrative support are
provided to accomplish the work as detailed in the LOAs. YWEP shall ensure that its
supervisors are familiar with the provisions of this Agreement. YWEP shall ensure that
its supervisors are made available for training by the DOT regarding DOT procedures
before assignment to a crew team covered by this Agreement.
10. YWEP shall ensure that its supervisors and crew team members shall follow all DOT
regulations, rules policies, and procedures pertaining to the performance of assigned
11. Any LOA may be canceled by the DOT immediately upon notification to the YWEP
when a supervisor and/or crew team member fails to follow DOT rules, regulations,
policies, and procedures pertaining to the performance of the assigned work and no
corrective measure has been made by YWEP or for noncompliance with any of the
provisions of this Agreement.
12. YWEP shall ensure that, to the maximum extent possible, it will assign the same youth to
the same teams on a day-to-day basis in order to maximize the effectiveness of prior
13. YWEP shall provide youths with a Certificate of Completion of the Youth Work
Experience Program to each youths who has successfully completed 480 individual work
hours in the Youth Work Experience Program.
14. YWEP shall ensure that medical treatment for its supervisors and crew team member
injured on the job is provided.
15. YWEP shall provide transportation for crew teams and supervisors to the job sites.
16. YWEP hereby assumes full responsibility for any risk of bodily injury, death or property
damage to its supervisors, crew team members and other employees, agents, and
representatives while in or on DOT property, while traveling to and from the job sites,
and while performing the work of this Agreement.
To the extent permitted by law, YWEP shall indemnify, defend, save and hold harmless
DOT and all of its officers, agents, or employees from all suits, actions, claims, demands,
liability of any nature whatsoever arising out of, because of, or due to the performance or
breach of the Agreement by YWEP or its subcontractors, agents or employees or due to
any negligent act, or occurrence of omission or commission of the YWEP, its
subcontractors, agents, or employees. Neither YWEP nor any of its agents will be liable
under this section for damages arising out of injury or damage to persons or property
directly caused by or resulting from the negligence of DOT or any of its officers, agents,
or employees. The parties agree that this clause shall not waive the benefits or provisions
of Section 768.28, Florida Statutes or any similar provision of law.
When the DOT receives a notice of claim for damages that may have been caused by the
YWEP in the performance of services required under this Agreement, the DOT will
immediately forward the claim to the YWEP. The YWEP and the DOT will evaluate the
claim and report their findings to each other within fourteen (14) working days and will
jointly discuss options in defending the claim. After reviewing the claim, the DOT will
determine whether to require the participation of the YWEP in the defense of the claim or
to require that the YWEP defend the DOT in such claim as described in this section. The
DOT’s failure to promptly notify the YWEP of a claim shall not act as a waiver of any
right herein to require the participation in or defense of the claim by the YWEP. The
DOT and the YWEP will each pay its own expenses for the evaluation, settlement
negotiations, and trial, if any. However, if only one party participates in the defense of the
claim at trial, that party is responsible for all expenses at trial.
17. YWEP shall allow public access to all documents, papers, letters or other material subject
to the provisions of Chapter 119, Florida Statutes, and be made or received by YWEP in
conjunction with this Agreement. YWEP’s failure to grant such access shall be grounds
for immediate cancellation of this Agreement by the DOT.
18. This contract may be canceled by the Department in whole or in part at any time the
interest of the Department requires such termination.
19. YWEP may terminate this Agreement by giving thirty (30) calendar days written notice
to the Department. Said notice shall be sufficient if delivered personally or by certified
mail to the addresses contained herein. In case of such termination, YWEP shall be
compensated, according to the terms of the Agreement, for work satisfactorily completed.
YOUTH WORK EXPERIENCE PROVIDER
City, State, Zip
State of Florida Department of Transportation, District
City, State, Zip
20. YWEP acknowledges that its “not for profit” corporate status is a condition precedent to
the formation of this Agreement and has submitted as of the date of the execution of this
Agreement, documentation showing that it is a duly organized and registered with the
Department of Agriculture and Consumer Services and Department of State as a Florida
“not for profit” corporation, which is current and in full compliance with the various
requirements of Chapter 496 and Chapter 617, Florida Statutes. YWEP further warrants
that it shall continue to maintain such “not for profit” corporate status for the term of this
Agreement and any extensions thereof. The failure of YWEP to comply with the terms
of this section of the Agreement shall be grounds for immediate cancellation of this
Agreement by DOT.
21. The YWEP shall carry and keep in force during the period of this Agreement a general
liability insurance policy or policies with a company or companies authorized to do
business in Florida, affording public liability insurance with combined bodily injury
limits of at least $100,000 per person and $300,000 each occurrence, and property
damage insurance of at least $100,000 each occurrence to be rendered in accordance with
this Agreement. YWEP shall provide to the DOT certificates showing the required
coverage to be in effect and showing the DOT to be an additional certificate holder. Such
policies shall provide that the insurance is not cancelable except upon thirty (30) days
prior written notice to the DOT.
22. The YWEP shall also carry and keep in force Worker’s Compensation insurance as
required for the State of Florida under the Worker’s Compensation Law.
23. This Agreement may not be modified or assigned without written agreement of the
24. Neither party shall discriminate against any individual associated with this Agreement
due to race, religion, sex, color, ancestry, age, physical handicap, or national origin.
25. This writing embodies the entire Agreement and understanding between parties hereto
and there are no other prior agreements or understandings, oral or written with reference
to the subject matter hereof that are not merged herein and superseded hereby.
26. The YWEP and the DOT agree that the YWEP, its employees, and representatives are not
agents of the DOT as a result of this Agreement for purposes other than those set out in
Section 337.274, Florida Statutes.
27. It is understood and agreed by the parties hereto that if any part, term or provision of this
Agreement is by the courts held to be illegal or in conflict with any law of the State of
Florida, the validity of the remaining portions or provisions shall not be affected, and the
rights and obligations of the parties shall be construed and enforced as if the Agreement
did not contain the particular part, term or provision held to be valid.
28. The Agreement shall be governed by and construed in accordance with the laws of the
State of Florida.
29. In any legal action related to this Agreement, instituted by either party, YWEP hereby
waives any and all privileges and rights it may have under Chapter 47 and Section
337.19, Florida Statutes, relating to venue, as it now exists or may hereafter be amended,
and any and all such privileges and rights it may have under any other statute, rule, or
case law, including, but not limited to those grounded on convenience. Any such legal
action may be brought in the appropriate Court in any county chosen by the DOT and in
the event that any such legal action is filed by the YWEP, YWEP hereby consents to the
transfer of venue to the county chosen by the DOT upon the DOT filing a motion
requesting the same.
30. An entity or affiliate who has been placed on the discriminatory vendor list may not
submit a bid, proposal, or reply on a contract to provide any goods or services to a public
entity, may not submit a bid, proposal, or reply on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids,
proposals, or replies on leases of real property to a public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a contract with
a public entity, and may not transact business with any public entity.
31. A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not submit
bids on leases or real property to a public entity, may not be awarded or perform work as
a contractor, supplier, subcontractor, or consultant under a contract with any public
entity, and may not transact business with any public entity in excess of the threshold
amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months
from the date of being placed on the convicted vendor list.
32. The DOT shall consider the employment by any contractor of unauthorized aliens a
violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor
knowingly employs unauthorized aliens, such violation shall be cause for unilateral
cancellation of this Agreement.
33. YWEP certifies that each youth enrolled or to be enrolled, in its youth work experience
program is a resident of the State of Florida and possesses a valid Florida Drivers License
or identification card.
34. YWEP has provided to DOT the information required by Section 334.351(3), Florida
Statute, and shall submit an annual report for the most recently completed calendar year
to DOT no later than January 1st of each year containing:
(a) The number of participants receiving life-management skills training;
(b) The number of participants receiving high school diplomas or GEDs;
(c) The number of participants receiving scholarships;
(d) The number of participants receiving bonuses;
(e) The number of participants who have secured full-time jobs;
(f) The other programs or services that support the development of
disadvantaged youths; and
(g) Any other applicable performance measures.
35. YWEP shall allow DOT the right to inspect YWEP’s financial and program records at
any reasonable time during the term of the agreement and 3 years after termination of the
Agreement. YWEP shall submit an annual independent audit to DOT before the end of
36. YWEP shall participate in a peer assessment or review process, such as the Excellence in
Corps Operations of National Association of Service and Conservation Corps, and
provide written document to DOT demonstrating such participation.
METHOD OF COMPENSATION
(Varies per District may be hourly or production based, this sample is hourly based)
1. DOT in cooperation with YWEP, shall identify and regularly schedule specific
maintenance work authorizations to be performed by YWEP crew teams under the direct
supervision of YWEP supervisors. Specific work authorizations and locations shall be
identified through DOT LOAs. The DOT shall compensate YWEP at the rate of $_____
per individual hour worked. Each YWEP crew team will be approximately eight (8)
people; one (1) supervisor and seven (7) workers. The referenced hour rate includes all
YWEP direct and indirect costs, expenses, and overhead for performance of the work
assigned and its obligations and duties provided for under this Agreement, including all
required maintenance of traffic. The exception to maintenance of traffic requirement
would be that DOT forces will provide any necessary lane closures.
2. YWEP shall invoice bi-weekly for projects completed or hours performed during that two
3. The total of all authorizations shall not exceed a budgetary ceiling of $__________.
4. This is a Term Contract for an Indefinite Quantity whereby the YWEP agrees to furnish
services during a prescribed period of time. The specific period of time completes such a
contract. The DOT, based on need and availability of budget, may increase or decrease
the Budgetary Ceiling by Amendment to the Agreement. Execution of this Agreement
does not guarantee that the work will be authorized.
5. If this Agreement involves units of deliverables, then such units must be received and
accepted in writing by the Contract Manager prior to payments.
6. All invoice payments shall be submitted in detail sufficient to allow for proper pre-audit
7. Bills for travel expenses specifically authorized in this Agreement shall be submitted and
paid in accordance with Section 112.061, Florida Statutes.
8. Contractors providing goods and services to the DOT should be aware of the following
time frames. Upon receipt, the DOT has five (5) working days to inspect and approve the
goods and services, unless the LOA specifies otherwise. The DOT has 20 days to deliver
a request for payment (voucher) to the Department of Financial Services. The 20 days
are measured from the latter of the date the invoice is received or the goods or services
are received, inspected and approved.
9. DOT agrees to pay YWEP after receipt and approval of goods and services as provided in
Section 215.422, Florida Statutes subject to such liquidated damages as set forth in the
attached Scope of Services for not showing up or not finishing assignment, defective
work or failure to comply with the terms of this Agreement.
10. If a payment is not available within 40 days, a separate interest penalty at a rate as
established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in
addition to the invoice amount, to the contractor. Interest penalties of less than one (1)
dollar will not be enforced unless the contractor requests payment. Invoices which have
to be returned to a contractor because of contractor preparation errors will result in a
delay in the payment. The invoice payment requirements do not start until a properly
completed invoice is provided to the DOT.
11. A vendor ombudsman has been established within the Department of Financial Services.
The duties of this individual include acting as an advocate for contractors/vendors who
may be experiencing problems in obtaining timely payment(s) from a state agency. The
Vendor Ombudsman may be contacted at (850)488-2924 or by calling the State
Comptroller’s Hotline, 1-800-848-3792.
12. The DOT, during any fiscal year, shall not expend money, incur any liability, or enter
into any contract which, by its terms, involves the expenditure of money in excess of the
amounts budgeted as available for expenditure during such fiscal year. Any contract,
verbal or written, made in violation of this subsection is null and void, and no money may
be paid on such contract. A statement from the Comptroller of the DOT shall be required
stating that funds are available prior to entering into any such contract or other binding
commitment of funds. Nothing herein contained shall prevent the making of contracts for
periods exceeding one year, but any contract so made shall be executory only for the
value of the services to be rendered or agreed to be paid for in succeeding fiscal years.
Accordingly, the State of Florida’s performance and obligation to pay under this
Agreement is contingent upon an annual appropriation by the Legislature.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day
and year set forth above.
YOUTH WORK EXPERIENCE STATE OF FLORIDA
PROVIDER DEPARTMENT OF TRANSPORTATION
Duly Authorized Corporate Officer District Secretary
Typed Name Typed Name
Witness Signature Witness Signature
Typed Name Typed Name
YWEP Attorney As To Form and Legality DOT Attorney