Resolution 2005-381
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RESOLUTION NO. 2005-~ 3~1_
A RESOLUTION APPROVING THE HURRICANE WILMA WORKSITE
AGREEMENT WITH THE WORKFORCE COUNCIL OF SOUTHWEST, FLORIDA,
INC. TO PROVIDE TEMPORARY LABOR AT NO COST TO COLLIER COUNTY
GOVERNMENT WHILE PROVIDING CLEANUP, RESTORATION, AND
HUMANIT ARIAN ASSISTANCE TO THE COLLIER COUNTY COMMUNITY.
WHEREAS, Collier County has been damaged by Hurricane Wilma, and
WHEREAS, a National Emergency Grant has funds available through the
Workforce Council Of Southwest, Florida, to provide temporary workers for designated
communities, and
WHEREAS, Collier County is such a Community, and
WHEREAS, Collier County has work to be done that is qualified under this
Grant, and
WHEREAS, Collier County is fiscally responsible to its citizens,
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
The Hurricane Wilma Worksite Agreement With The Workforce Council Of
Southwest, Florida a copy of which is attached hereto as Exhibit 1, is hereby
approved and adopted.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida, this 1st day of November, 2005.
ATTES1>''''''~,':'''''i';'f' BOARD OF COUNTY COMMISSIONERS
DW~G~'tj~~ BR~.jf~?~lerk COLLIER COUNTY, FLORIDA
BY~~~~ By: ~W ~
. . '.;~ EPUTY C ,E. · FRED W. COYLE, Ch an
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Approved as to form and legal sufficiency: Item #
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Michael W. Pettit, Chief County Attorney
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EXECUTIVE SUMMARY
Recommendation to adopt a resolution approving the Hurricane Wilma
Worksite Agreement providing Federal funds under a National Emergency
Grant to cover the pre-screening costs, wages and required safety
equipment for temporary workers due to the effects of Hurricane Wilma.
OBJECTIVE: For the Board of County Commissioners to adopt a Resolution approving
the Hurricane Wilma Worksite Agreement providing Federal funds under a National
Emergency Grant to cover the pre-screening costs, wages and required safety equipment
for temporary workers due to the effects of Hurricane Wilma.
CONSIDERATION:
A National Emergency Grant has made funds available through the Workforce Council Of
Southwest, Florida, to cover the costs for pre-screening, the wages and the required
safety equipment for qualified temporary workers for designated communities that have
been affected by Hurricane Wilma. Collier County qualifies as such a designated
community and has work to be done that is qualified under this Grant. Workers qualified
under this grant can do this qualified work at no cost to the taxpayers of Collier County.
FISCAL IMPACT: The results of these actions will provide County Services for clean-up,
restoration and Humanitarian services to Collier County residents at no cost to the
County.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
RECOMMENDATION: It is recommended that the Board of Commissioners adopt the
proposed Resolution approving the Hurricane Wilma Worksite Agreement providing
Federal funds under a National Emergency Grant to cover the pre-screening costs, wages
and required safety equipment for temporary workers due to the effects of Hurricane
Wilma.
SUBMITTED BY:
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Teri Wides, Manager, Career Development
And Training, Human Resources Department
REVIEWED BY:
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cf-CUk \JJ^tte ~ Date [10 . ~ '6' \)S'
an Merritt, 01 co, ""-
Human Resources Department
Date: 10- 28 .05
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Hurricane Wilma
WORKSITE AGREEMENT
Agreement #
I certify that Collier County Government is designated as a Disaster Relief Jobs Program worksite
Worksite Name
Workforce Council of Southwest FL, Inc Worksite Employer
Name
B
Address 215 Airport: -Pulling Road N., Suite 3
City, State, Zip Naples, Florida 34104 Naples. FL 34117
Phone Number - ,- -
239-643-4324 239-774-8919
FAX Number- 239-643-4431
239-774-8996
Contact PersonlTitle John Tippins Teri vades
Worksite Employer's business is: ( ) Private for Profit ( ) Private Non-Profit (X ) Government
(if authorized)
The
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Typed NamefTitle
Typed NamefTitle
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Employee: Participant temporarily hired for disaster recovery & clean-up efforts & humanitarian efforts.
Worksite Employer: Entity responsible for direction & supervision of the employee at the site of the
disaster recovery or clean-up:
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I. AUTHORITY: This agreement is executed pursuant to the following statutory, regulatory
and policy provisions.
The Workforce Investment Act, 29 USC 1501, as amended ("WIA") and the WIA Final
Regulation.
II. TERM: The period of performance of this Agreement shall be from the _28th_day of October
2005. The Maximum period of performance under this contract cannot exceed 6 months or
1040 hours.
III. WORK DESCRIPTION
An individual served under this Agreement will be referred to as an "employee." A job
Description will be written for each employee served under this agreement. A duly recognized
representative, such as a manger or supervisor, may sign for the Employer. Job Description
shall by reference be made a part of this Agreement.
VI. PERFORMANCE OF WORK
A. ST ART OF WORK:
The Worksite Employer will not start the employee at work until the Workforce
Council has signed this Agreement, and the Job Description and Worksite
Agreement Addendum has been completed for the employee. The start of
work Must not precede the Date of this agreement or the last signature date.
B. TERMINATION FOR CONVENIENCE:
The performance of work under this Agreement may be terminated in whole
or From time to time in part by Workforce Councilor Collier County
Government when it determines that such termination is in the best interest
of the Workforce Council. Termination for work hereunder shall be effected
by delivery to the Worksite Employer of a Notice of Termination specifying
the extent to which performance of work under The Agreement is terminated
and the date upon which such termination becomes effective.
The Worksite Employer shall notify the Workforce Council of any changes to
the required hours and work necessary to be performed by the Employee in
order to effectuate any terminations due to lack of work.
C. TERMINATION FOR REASONS OF DEFAULT:
Workforce Council may, by written notice of default to the Worksite Employer,
terminate the whole or any part of this Agreement in anyone of the following
circumstances:
If the Worksite Employers fails to perform the services specified herein; or if the
Worksite Employer fails to perform any of the other provisions of this Agreement,
or so fails to make progress as to endanger performance under this Agreement in
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accordance with its terms, and in either of these two circumstances does: not
cure such failure within a period of ten (1 0) days (or such longer period as the
Workforce Council may authorize in writing) after receipt of notice specifying
such failure.
V. WORKSITE EMPLOYER'S REQUIREMENTS (PARTICIPANT)
A. EQUAL OPPORTUNITY:
The Worksite will not discriminate against any employee because of race,
color, religion, sex, or national origin.
B. STATEMENT OF EMPLOYER PERSONNEL POLICY:
The Worksite will provide a copy of its policy to the employee covering any specific rules or
regulations by which the employee is expected to abide.
VI. MISCELLANEOUS PROVISIONS
A. PAYMENTS:
(1 ) The Worksite Employer will assist the Workforce Council by providing the
appropriate documentation (signed timesheets) to the Workforce Council on a timely
basis to ensure the Employee is paid on a timely basis.
(2) All hours must be rounded to the nearest quarter hour on a daily basis.
B. CHANGES:
(1 ) There shall be no modification or amendment of this Agreement, except in
writing, executed with the same formalities as this instrument.
C. DISPUTES:
All disputes should be resolved informally. If resolution does not occur to the satisfaction of
any party, the first step is to use existing grievance procedures, if any, established by the
Worksite Employer to resolve disputes with Employees.
D. ATTESTATION REGARDING EMPLOYMENT OF EMPLOYEE:
The Employer can presently employ none of the employees served under this Agreement,
nor can they be presently on a layoff status subject to recall by the Employer or other like
status with the Employer.
E. SUBJECT TO FUNDING/BUDGET:
It is expressly understood by and between the parties hereto that the Workforce Council is
serving solely as distributor of funds provided under the Workforce Investment Act (WIA),
and is not obligated to disburse monies from general funds or otherwise to make payments
described herein, and further, that this distribution is contingent upon the receipt of WIA
funds. The Workforce Council reserves the right to institute an administrative modification
to reduce in whole or in part the monies provided under this Agreement should available
monies become insufficient to continue Agreement levels.
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F. HOLD HARMLESS:
Without waiving its sovereign immunity, and if and to the extent allowed by law, each party shall
hold harmless each other, its officers, officials, and employees from and against all claims and
liabilities of any nature or kind, including costs and expenses for or on account of any claims,
damages, losses or expenses of any character whatsoever resulting in whole or in part from the
negligent performance or omission of either party's employees or representatives connected
with the activities described herein
G. DEBARMENT AND SUSPENSION:
The Worksite Employer certifies, by signing this Agreement, that neither it nor its principals are
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this Agreement by any Federal or State department or agency.
H. RELATIONSHIP OF PARTIES:
The Worksite Employer does not become the agent of the Workforce Council for any purpose
pursuant to this Agreement, and will make no representation of such. In agreeing to provide
direction and supervision for the employee{s), the Worksite Employer understands that this
does not make any employee an employee or agent of Workforce Council, nor is the Workforce
Council liable to the Worksite Employer or any third party by reason of any future act or failure
to act by any employee on or off the job.
VII. ASSURANCES AND CERTIFICATIONS
In entering into this Agreement, the Worksite Employer hereby acknowledges, and
agrees to comply with, the following statutory, regulatory and policy provisions.
A. RELOCATION: Neither the execution nor performance of the Agreement will assist
in, support or otherwise contribute to the relocation of the Worksite Employer's
business,
B. MAINTENANCE OF EFFORT: The Worksite Employer assures that this
agreement will only provide for employment opportunities that are necessary for
disaster recovery.
C DISPLACEMENT OF CURRENTL Y EMPLOYED WORKERS:
The Worksite Employer assures that no currently employed worker shall be displace
by any employee, including partial displacement such as a reduction in hours of non-
overtime work, wages or employment benefits. No employee shall be employed or
job opening filled when (a) any other individual is on a lay-off from the same or any
substantially equivalent job, or (b) when the Worksite Employer has terminated the
employment of any regular employee, or has otherwise reduced its work force with
the intention of filling the vacancy so created by utilizing an employee.
D. HEALTH AND SAFETY STANDARDS: Health and safety standards
otherwise applicable to working conditions of disaster employees shall be equally
applicable to working conditions of the regular employees. The Worksite
Employer assures that appropriate standard for health and safety will be
maintained, including adherence to both federal and state Child Labor Laws.
E. SECTARIAN ACTIVITIES: The Worksite Employer assures that employees will
not be employed in building, operating, or maintaining any part of any building,
which is used for religious instruction or worship.
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F. COLLECTIVE BARGAIING AND UNION ACTIVITIES: The Worksite Employer
assures that this agreement will not impair existing contracts for services or collective
bargaining agreement between the Worksite Employer and other parties, nor will this
agreement assist, promote or deter union organization.
G. LOBBYING AND POLITICAL ACTIVITIES: The Worksite Employer assures that
this agreement will not assist with political or lobbying activities or the cost of any salaries
or expenses related to any activity designed to influence legislation or appropriation
pending before the Congress of the United States,
VIII. REPRESENTATIONS AND UNDERSTANDING:
The Worksite Employer agrees to operate this worksite in accordance with the
provisions, conditions and specifications as follows:
1. To insure that employees assigned to this worksite will only perform tasks
that are a result of the disaster or are necessary because of destruction in
this declared area.
2. To insure that the Workforce Council will be notified as soon as all tasks
which are necessary as a direct result of the destruction have been
completed.
3. To insure compliance with governing state and federal laws and policy.
4. To provide adequate supervision of the temporary employees.
5. To provide sufficient work to fully occupy the temporary employee's working
hours.
6. To maintain the worksite timesheets and monitoring of hours and
attendance.
7. To adhere to applicable wage and hour
regulations.
8. To insure safe and sanitary working
conditions.
9. To insure that no temporary employee will be involved in any sectarian or
political activities.
10. To follow AMS Accident Procedures and to file injury reports when
applicable and immediately advise the Workforce Council.
IX. The Worksite Employer understands that no part of this Agreement, includinQ any
Addenda,_may be subcontracted to a third party without the express written consent of the
Workforce Council.
A. The worksite Employer will immediately advise the Workforce Council in writing of any
actions, suits, claims or grievances filed against the Contractor, the Workforce Council,
State of Florida, federal officials or participating employees that in any way relates to this
Agreement. .
B. The Worksite Employer represents that it has the power and authority to execute this
Agreement and perform the services specified in any Addenda to this Agreement.
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ADDENDUM TO NEG WORKSITE AGREEMENT
The Workforce Council of SW FL Inc. will be responsible for the following procedures under this contract:
1. Provide required workers compensation coverage
2. Pay wages for participants at the worksite agency's entry level rate for the position up to
$12,000 or 1040 hours, whichever comes first.
3. Reimbursement of all costs associated with the positions that are required by the worksite agency.
These costs may include but are not limited to drug testing, uniforms, safety equipment, etc.
4. Provide support to worksite supervisors that may be needed. This includes pick-up of time
sheets and delivery of paychecks; procedures in reporting injuries; counseling, as needed, of
participants.
At Neuman
Executive Director
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This agreement is hereby executed pursuant to the terms and conditions stated herein.
EXECUTION
Workforce Council of Southwest FL. Inc. Worksite Emplover
Signature ~~,~
Title Title P G-S D l~f,o (\
Date Date \O{-29;/OS
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