Loading...
Resolution 2004-332 16E5 RESOLUTION NO. 2004- 3 ~? A RESOLUTION APPROVING THE HURRICANE CHARLEY 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 HUMANITARIAN ASSISTANCE TO THE COLLIER COUNTY COMMUNITY. WHEREAS, Collier County has been effected by Hurricane Charley, 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 Charley 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 26th day of October, 2004. BOARD OF COUNTY COMMISSIONERS COLLIER COU Y, FLORIDA By: DO Scott R. Teach, Assistant County Attorney Item# 1~f5 ~~~;da 1()~26 .2CO~ D2t~ Il - 'i -lDo'/ Ree d ; ~~~ 16E5 Tropical Storm Bonnie & Hurricane Charley WORKSITE AGREEMENT Agreement # Worksite Name is designated as a Disaster Relief Jobs Program worksite I certify that Workforce Council of Southwest FL, Inc Worksite Employer Name Collier County Gov Address 215 Airport:-PullingRoad N.,Suite 3 Various Sites City, State, Zip Naples, Florida 34104 Phone Number 239-643-4324 FAX Number- 239-643-4431 Contact PersonlTitle John Tippins Worksite Employer's business is: ( ) Private for Profit ( ) Private Non-Profit ~ Government (if authorized) The Typed NamefTitle Typed NamefTitle ignature Dan Summers, CEM, Director of EM 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: 16E5 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 ~ ~ day of jÙlb~ 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. START 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 Council 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 16£5 ~ .... accordance with its terms, and in either of these two circumstances does: not cure such failure within a period of ten (10) 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. 16E5 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 and 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 CURRENTLY 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. ~...."-- lóE5 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 whichare 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, includina 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. 16£5 ADDENDUM TO NEG WORKSITE AGREEMENT The Workforce Council of 'ßW 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 16E5 This agreement is hereby executed pursuant to the terms and conditions stated herein: EXECUTION , '. ,'. ,',' ',"\, \ \ \ \ ATTEST:.(' ~ ~q~_, II Ill, D~IGJ\'t.E...BRIVI..~,..~Jè \. _ - - ~.)~.,., :~ »'7'T~ !>.,'i!'",\, B'Y'-:' . ,Ii; \ . ~,~.. . ~~ - nf') .__ .~. .,~ ~ I ~'- ,; ~. De~1;"~,-': , er.1(¡:;"¡~~ ,,~~,. , ~ - '~J":..->,. ¡,;~ .. / :, :àRtstiP::;·~:>., 1'*81" s -st91.at~f,it,ÏlÐJJ!.·:/j' :' " "{)", .... " ,,""''''..!,:<.''' .: W0RJP:~Jt~~.oF SOUTHWEST FL., INC. 1\. ..... By: srt]; ~I'-' Printed Name:p <J ~ '" 1'> f'P ,,, '( ð: l;7 'CT:.ffiCienCY Assistant County Attorney (tem#i~ E5:'~ Ager.da l~'() ~l~': 'f:~: D~',> ""II u o,~ D1te 1\ ,'S I Llj Ru.;'r! ~trf- ~_'~I - , ,..'.. r":·:,:· , ;..)i ~'. \' \.f, _., ,\ , - ~,~~...,,~.......~~ BOARD OF COUNTY COMMISSIONERS COLLlERCO,~~~O~DA I. _ -n By: C/ rrr_ ~~ Ch' n, Board of County Commissioners Date: 1- ~ u.....("/tt