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HomeMy WebLinkAbout2004-224 Workforce Development Board OF THE TREASURE COAST ......... ... . .. t &I Rna 0�qvp cafeeler witrw WORKSITE AGREEMENT Funding source : National Emergency Grant ( NEG ) Grant Number : EM - 14330-04- 60 Project : Hurricane Frances Project Number FL-06 Agreement # : RWB 20-000 This work site agreement shall begin on _9 / 29 /04 and end on 9 /30 /05 . The One-Stop Career Center ( OSSC ) , as designee for the Workforce Development Board of the Treasure Coast , the Regional Workforce Development Board ( WDB ) , and _Indian River County_ whose address is _ 1840 25th Street_ _Vero Beach , FI , 32960 - 3365_, hereinafter referred to as the Agency , agree to the following terms of this Agreement to be funded from the USDOL Employment and Training Administration Workforce Investment Act ( WIA ) Title 1 National Emergency Grant ( NEG ) covered under Federal Disaster Declaration FEMA # 1539 issued on August 13 , 2004 . The primary purpose of this Agreement is to identify and establish temporary jobs to assist in the clean - up , restoration and humanitarian efforts that are necessary as a direct result of recovery efforts associated with the Hurricane Frances disaster and to fill those jobs with eligible individuals that have temporarily or permanently lost their regular job as a result of the disaster or cannot find work as a result of the disruption to business activities caused by Hurricane Frances . 1 . Program Overview: agreeing to provide direction and supervision of This NEG program shall consist of temporary the participant, the Agency understands that work, wherein a participant referred by OSCC to this does not make WDB or the OSCC its the Agency is given job functions to perform designee liable to the Agency or any third party under the guidance and supervision of the by reason of any future act or failure to act by Agency in accordance with the job description any participant on or off the job . attached hereto . It is understood by the WDB , OSCC and the Agency that no legal employer- 2 . Limitations on participation employee relationship is created or exists The Agency understands and agrees that no between the Agency and the participant . In participant shall begin work until this Agreement is executed by the Agency and OSCC . Eligible F . notify OSCC immediately of any individual workers may not work in temporary temporary and / or ongoing changes in jobs under this grant for more than 1040 hours or the designation of personnel who will be earn more than $ 12 , 000 in wages , whichever supervising the participant ( s ) . occurs first . These limitations apply to individuals G . be accountable for maintaining and not specific jobs . participant time sheets provided by the OSCC by keeping accurate work time 3. Eligible Worksites attendance rosters , supervising the The WDB prioritized worksites for temporary jobs proper completion and signing of time such that the highest priority is for public facilities , sheets by each participant , certifying which have been most severely damaged . The and signing participant time sheets if all second priority is for private non-profit agencies the prior requirements are met, and that have the highest impact on providing submitting these timesheets according to needed temporary services and /or restoring the instructions provided by the OSCC . public services , etc . In general worksites will be H . ensure that all sites where participants limited to public and private non-profit facilities will be assigned are sanitary and safe and property . Work on private property may only environments in accordance with health occur when all specific conditions listed in the and safety standards established by NEG are met and will be looked at on a case- State and Federal law . by- case basis and approved in writing by WDB . I . ensure that all required safety supplies Work on private property will not be a priority and equipment are used in the proper unless it is necessary to restore public services or manner for the intended use , there is a clear safety hazard to the larger J . conform to normal routines and functions community , befitting a reasonable business establishment , including , but not limited 4. Recruitment and Selection to , appropriate supervision on the Recruitment and eligibility determinations will be premises at all times , displaying positive the responsibility of OSCC . Individuals work habits , maintaining safe working determined to be eligible for this program will be conditions , and appropriate attire . referred to the Worksite by OSCC . K . have an inclement weather plan for any approved positions that are required to 5. Responsibilities of Agency work out of doors to ensure that The following are responsibilities of the Agency . alternative tasks can be performed inside The Agency accepts and agrees that it shall : during inclement weather. A . direct and supervise participants work L . inform the OSCC immediately should an activities in accordance with their job accident or injury occur at the job site description ( s ) , which is hereby affecting or involving a participant and incorporated by reference and made a require the participant to complete a first part of this Agreement. report of injury form . B . assure that it will have supervisory M . notify the OSCC by telephone of any personnel who will act as work site problem or concern regarding a supervisors for each of the Agency ' s work participant's performance at a work site sites so as to provide for continuous on- as soon as possible , but at least within 24 site supervision of participants . hours of when the problem is identified . C . assign worthwhile and meaningful work N . not discriminate against any participant to participants during the entire time they or potential participant because of race , are at the worksite . color, religion , sex, national origin or D . require participants ' conformance with disability . the Agency's Personnel Rules of Conduct . O . ensure that participants receive fair E . orient and train their work site Supervisory and impartial treatment and that personnel including any alternate staff participants shall not be subjected to directly responsible for the supervision of harassment of any type or form . participants as to the Agency 's P . ensure that the following general responsibilities and obligations under this conditions for temporary jobs shall be Agreement . complied with : Revised 9/ 13/2044 Page 2 I ) participants shall receive 7. Responsibilities of OSCC comparable working conditions OSCC accepts and agrees that it shall and non- payroll benefits such as A . assist the job site supervisor in resolving rest breaks , etc . as other any problems concerning the employees ; participants ' performance on the job by 2) there shall be no displacement of responding to the Agency's notice . regular employees nor B . hear all grievances concerning program replacement of laid-off workers by participant ' s performance at the job site , the temporary job participant ( s ) ; C . provide counseling and supportive and services to participants as the need is 3) there shall be no infringement of identified , promotional opportunities for D . be responsible for distributing participant regular employees , paychecks dependent on Agency' s Q . not subcontract, assign or transfer any timely submission of properly certified rights or responsibilities under this time sheets . agreement or any portion thereof without the prior written approval of 8. Agency Monitoring and Reporting WDB . Agency must determine and ensure that all R . implement administrative controls to temporary workers at all worksites are only ensure that costs for wages and other performing disaster-related work activities . The costs that the WDB is responsible for Agency shall notify OSCC of any changes to the paying are not being paid by other required work hours , job description , and / or if federal , state , or local programs to the disaster recovery work has been completed eliminate the possibility of a duplication and the job needs to be ended . of funding . S . maintain all records and files pertaining to 9. WDB Monitoring the operation of this Agreement and any The Agency shall allow the OSCC , WDB , the amendment hereto for three (3) years Governor of the State of Florida , or any of its following expiration of this Agreement . agents and /or subcontractors , and the US Records and files shall include , but not be Department of Labor ( DOL) to visit the Agency's limited to , time and attendance sheets , work sites , monitor the program , report problems , supervisor assignments , this Agreement, require corrective action within specified time etc . periods or remove participants from work sites T . will immediately advise WDB in writing of without prior notice other than a written any actions , suits , claims or grievances notification to be delivered to the Agency at the filed against the Agency, the OSCC , time of the removal . This action may be taken WDB , State of Florida , federal officials or when the OSCC , WDB , the Governor of the participants that in any way relates to this State of Florida , or DOL finds serious or continual Agreement . violations of rules or laws , where violations are not being remedied , or where the OSCC , WDB , 6 . Responsibilities of WDB the Governor of the State of Florida or DOL find WDB accepts and agrees that it shall noncompliance on any of the terms or A . be responsible for contracting with a conditions under this Agreement . third party to act as employer of record . This employer of record shall employ the 10 . Prohibited Activities participants , pay participant wages for A . Sectarian Activities : The Agency assures all actual hours worked , and provide that participants will not be employed in Workers ' Compensation coverage for all building , operating , or maintaining any participants . part of any building , which is used for religious instruction or worship . B . Collective Bargaining and Union Activities : The Agency assures that this agreement will not impair existing contracts for services or collective bargaining agreements between the Agency and other parties , nor will this Revised 9/ 13/2044 Page 3 agreement assist, promote or deter union organization . 13 . Termination C . Lobbying and Political Activities : The This Agreement may be terminated as follows : Agency assures that this agreement will A . WDB , the OSCC or the Agency may not assist with political or lobbying terminate the Agreement for activities or the cost of any salaries or convenience upon thirty- ( 30) calendar expenses related to any activity day prior written notice to the other designed to influence legislation or party . appropriation pending before the B . WDB , the OSCC may terminate this Congress of the United States . Agreement in whole or in part at any D . Relocation : Neither the execution nor time that in their sole judgment , either performance of the Agreement will assist determines that : in , support or otherwise contribute to the 1 ) the Agency has failed to comply relocation of the Worksite Employer ' s with any of the provisions business . contained in this Agreement or E . Limitations on work activity include : any Amendment hereto ; ( 1 ) no chainsaws , unless the worker hired 2) the Agency fails to perform in for the job has recent, extensive whole or in part under this experience using a chainsaw Agreement or fails to take ( 2 ) can ' t go onto roofs corrective action after receiving ( 3) can ' t go into water ( river, ocean oral or written requests to do so pool ) within an appropriate time period as may be stipulated by WDB or 11 . Hold Harmless OSCC ; or Without waiving its sovereign immunity , and if 3) the United States Department of and to the extent allowed by law, each party Labor or State of Florida fails to shall indemnify and hold harmless each other, its provide adequate funds , reduces , officers , officials , and employees from and eliminates or otherwise terminates against all claims and liabilities of any nature or the program under which this kind , including costs and expenses for or on Agreement is written . account of any claims , damages , losses , or 14 . Notice expenses of any character whatsoever resulting Other than as provided herein , notice shall be in whole or in part from the negligent required to be given to WDB or the OSCC under performance or omission of either party ' s this Agreement, and shall be sufficient when employees or representatives connected with hand delivered or mailed to the WDB at its office the activities described herein . at 9350 South U .S . # I , Port St . Lucie , FL 34952 , or to the OSCC at its administrative office at 9318 12 . Changes to the Agreement South U . S . # I , Port St , Lucie, FL 34952 . All notices There shall be no modification or amendment of required to be given to the Agency under this this Agreement, except in writing , executed with Agreement shall be sufficient when hand the same formalities as this instrument . delivered or mailed to the Agency at its office located at the address identified in paragraph Requests for interpretations of the Agreement one , page one of this Agreement . provisions shall be directed to the Employer on Record and must , be in writing . No 15 . Controlling Laws interpretations shall be official or binding upon This agreement and the provisions contained the Worksite Employer unless it is received in herein shall be construed , controlled and written form . interpreted according to the laws of the State of Florida . FEMA Certification : The Agency u Jerstands that all costs and expenses paid with NEG funds are not eligible for FEMA reimbursement . ifInitial & Date ) Revised 9/ 13 /2044 Page 4 IN WITNESS THEREOF , the parties hereto having been duly authorized and representing that they have the power and authority to execute this Agreement and perform the responsibilities specified herein have made and executed this Agreement on the respective dates under each signature . AGENCY : ONE S OP C ER CENTER Signature Signature SEPH A . BAIRD Sam Patterson Typed Name Typed Name INDIAN RIVER COUNTY ADMINISTRATOR Business Community Coordinator Typed Title Typed Title September 29 , 2004 September 29 , 2004 Date Date 59 -6000674 Port St , Lucie , Florida Federal ID # Location Terry B . Thompson 772-398-2800 Contact Name Phone Number 772-226- 1282 772-398-2824 Phone number Fax Number 772-978- 1806 spatterson@tcjob . orq Fax number Email address tthompson@ircqov . com Email address APPROVIM SO 10 AM r Revised 9/ 13/2044 Page 5