Resolution 2007-294
RESOLUTION NO. 2007 - 294
A RESOLUTION APPROVING A DISASTER WORKSITE AGREEMENT
WITH THE WORKFORCE COUNCIL OF SOUTHWEST, FLORIDA,
INC. TO PROVIDE TEMPORARY LABOR AT NO COST TO COLLIER
COUNTY GOVERNMENT WHILE PROVIDING CLEANUP,
RESTORA TION, AND HUMANITARIAN ASSISTANCE TO THE
COLLIER COUNTY COMMUNITY.
WHEREAS, Collier County can be damaged by disasters like Hurricanes; 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 may have 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 Disaster 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 i}DOPTED by the Board of County Commissioners of
Collier County, Florida, this ,urltay of October, 2007.
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ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
::LL~ 1:::;;?;~
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1m Coletta, Chairman ;r;p3 [,
By ~I~~O'C'
11g11tn OIh
Approved as to form and legal sufficiency:
Hurricanes 2007
WORKSITE AGREEMENT
I certify that
Agreement #
Collier Countv Government
Worksite Name
is designated as a Disaster Relief Jobs Program worksite
Southwest Florida Workforce Development
Board
Worksite Employer
Name
Address
C-o 1/.
215 Airport: -Pulling Road N., Suite 3
330
tVC1
City, State, Zip
Naples, Florida 34104
Phone Number
239-436-4301-ext 12170
FAX Number-
239-436-4340
3C -7? Y - 8 99
Tf (\ L{) I des
Contact PersonlTitle
Jimmy Curtis, Business Relations Mgr,
Works~e Employer's business is: ( ) Private for Profit ( ) Private Non-Profrt (X ) Government
(if authorized)
Typed Name ~Ie
Stephen Y. Carnell, Purchasing
D'~ or
Workforce Development Board Employee: Participant temporarily hired for disaster recovery & clean-
up efforts & humanitarian efforts. Worksite Employer: Ent~y responsible for direction & supervision of
the employee at the site of the disaster recovery or clean-up:
Worksite Employer Signature
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 to
The Maximum period of performance under this contract cannot exceed 6 months or 1040
hours.
1/1. WORK DESCRIPTION
An individual (Workforce Development Board Employee) 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.
IV. PERFORMANCE OF WORK
A. START OF WORK:
The Worksite Employer will not start the employee at work until the Workforce
Development Board 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 Development Board or Collier
County Government when it determines that such termination is in the best
interest of the Workforce Development Board. 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 Development Board 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 Development Board 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
this Agreement in 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 Development Board 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 ruies or
regulations by which the employee is expected to abide.
VI. MISCELLANEOUS PROVISIONS
A. PAYMENTS:
(1) The Worksite Employer will assist the Workforce Development Board by
providing the appropriate documentation (signed timesheets) to the Workforce
Development Board 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
Development Board 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 Development
Board 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.
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 Development Board
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
Development Board, nor is the Workforce Development Board 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.
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 Development Board 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 Development Board.
IX. The Worksite Employer understands that no part of this Agreement, includina anv Addenda,
may be subcontracted to a third party without the express written consent of the Workforce
Development Board.
A. The worksite Employer will immediately advise the Workforce Development Board in
writing of any actions, suits, claims or grievances filed against the Contractor, the
Workforce Development Board, 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.
ADDENDUM TO NEG WORKSITE AGREEMENT
The Workforce Development Board 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 inciude 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.
CL r\
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Executive Director
This agreement is hereby executed pursuant to the terms and conditions stated herein:
EXECU~
.tU'"~ BOARD OF COUNTY COMMISSIONERS
~-- DWIGHT E. BROCK, CI~rk COLLlE~CO ", FL~A7d ;(
By: (\0111. ~().G-' By: ~
Atlfift<1f I ~lnlHn , :bw, ('krb I airman, Board of County Commissioners 10/) lit '7
,fgnahlrt OIh
RCE DEVELOPMENT BOARD
Printed Name:
Approved as to form and legal sufficiency:
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Date: 10 '-0)- c:;(}CJ7
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