R09-036
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1 RESOLUTION NO. R 09-0 ., '-'
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4 A RESOLUTION OF THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA,
6 APPROVING THE EXECUTION OF A COMMUNITY
7 SERVICE AND WORK EXPERIENCE PROGRAM
8 AGREEMENT WITH WORKFORCE ALLIANCE FOR
9 NON-P AID JOB TRAINING AT THE CITY OF
10 BOYNTON BEACH; AND PROVIDING AN
11 EFFECTIVE DATE.
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14 WHEREAS, by entering into this Agreement the City would agree to provide a work
15 site designed to provide participants with non-paid, job training work experience; and
16 WHEREAS, upon recommendation of staff, the City Commission has determined
17 that it is in the best interests of the citizens and residents of the City to approve and authorize
18 execution of a Community Service & Work Experience Program Agreement with Workforce
19 Alliance for non-paid job training at the City of Boynton Beach
20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
23 being true and correct and are hereby made a specific part of this Resolution upon adoption
24 hereof.
25 Section 2. The City Commission of the City of Boynton Beach, Florida does
26 hereby approve and authorize execution of a Community Service & Work Experience
27 Program Agreement with Workforce Alliance for the non-paid job training at the City of
28 Boynton Beach, a copy of which is attached hereto as Exhibit "A".
29 Section 3. This Resolution shall take effect immediately upon passage.
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S:\CA\RESO\Agreements\Workforce Alliance (non-paid training).doc
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1 PASSED AND ADOPTED this ~ day of February, 2009.
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3 CITY OF BOYNTON BEACH, FLORIDA
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23 Commissioner - Nlarlene Ross
24 ATTEST:
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S:\CA\RESO\Agreements\Workforce Alliance (non-paid training).doc
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COMMUNITY SERVICE & WORK EXPERIENCE PROGRAM
NON~FINANCIAL AGREEMENT NUMBER _ ~R- ~ 3 82-
BY AND BETWEEN _
WORKFORCE ALLIANCE, INC.
315 South Dixie Highway, Suite 102 West Palm Beach, FL. 33401
AND
City of Boynton Beach
PROVIDER ADDRESS: 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435
PROVIDER FEI NO: 59-6000282
PROVIDER DESCRIPTION: The City of Boynton Beach is a government agency that serves a population
of approximately 67,000 citizens.
I WHEREAS, Workforce Alliance, Inc. (hereinafter "Alliance") wishes to place Alliance Program
participants with the Provider for the provisions of work experience and training activities; and
WHEREAS, the Provider wishes to provide work experience and training activities for Alliance
Program participants (hereinafter "participants");
NOW THEREFORE, the parties enter into this Agreement for the provision of work experience
and training activities work site services upon the following terms and conditions:
I. Term
I This Work Experience Program Non~Financial Agreement ("Agreement") shall begin on the date last
signed by both parties. This Agreement shall be automatically renewed annually without action of any
party, unless earlier terminated pursuant to Article VII. of this Agreement or a participant has not
completed his/her work experience with the Provider, in which event this Agreement shall continue to be in
full force and in effect until the duration of the remaining time required for the participant to complete
his/her work experience with the Provider.
II. Participant Status
The participant is not an employee of the Provider or Alliance.
III. Independent Contractor
Both parties in the performance of this Agreement will be acting in an individual capacity and not as
agents, employees, partners, joint venturers, or associates of one another.
IV". Provider Representations and Duties
1. Provider represents that:
_X_it is a private non-profit or public non-profit corporation, or local governmental entity.
_it is a private for-profit or public for-profit entity licensed to do business in the State of Florida.
and is capable of providing a work experience to Alliance participants in accordance with the terms of
this Agreement.
2. Provider agrees to:
A. develop and provide a work site designed to provide participants with a non-paid, job training
experience commonly referred to as a "Work Experience".
Worksite Agreement 2/21/07 (rev. 9/23/08)
Page 1 of 6
B. maintain the confidentiality of all information provided by or about any participant, expect as
otherwise approved and authorized in writing by the participant, or as otherwise authorized by
law.
C. provide participants with a work experience described in "Attachment I Training Outline" and
attached hereto.
D. provide work experience training to participants so he/she can adequately perform his/her work
experience. Work experience hours shall not exceed the maximum hours per month stated on
the participant's referral.
E. provide participants with the same working hours, lunch periods and break times that would be
afforded to paid employees.
F. not to place participants in positions that are involved in political activity or the instruction of
worship.
G. notify Alliance in writing immediately upon notice of the status of a participant when one or more
of the following situations occur:
a) the participant has failed to attend the initial interview or refused a suitable work site offer or
voluntarily quit training.
b) the participant was not accepted by Provider's into a work experience.
c) the participant has experienced absenteeism or sickness or other problems.
d) the participant secured employment with the Provider or with another entity.
H. comply with all applicable federal, state and local laws, regulations, policies and procedures
relative to Alliance's work experience program.
I. obtain written approval from Alliance before assigning this Agreement.
J. complete and maintain the required participant time record forms, referral, progress reports and
periodic evaluation forms and provide such records upon request by Alliance for monitoring
purposes.
v. Alliance Representations and Duties
1. Alliance agrees to:
A. provide a written referral to the Provider for consideration in a work experience with the Provider
containing the participant's name, date of referral and the Program in which the participant is a
recipient.
B. provide supportive services, subject to funding availability, to eligible participants that enable the
participant to maintain his/her work experience activities and that are allowed by the Program
rules, laws and regulations.
C. inform the Provider of the maximum number of hours each participant is required to participate
and the expected length of the participant's placement in the work site activity.
D. provide the required participant time record forms, progress reports and periodic evaluation forms
to be completed by the Provider.
Worksite Agreement 2/21/07 (rev. 9/23/08)
Page 2 of6
VI. Manner of Service Provision
1. The work site Training Outline/Job Description ("Attachment 1 ") must be approved by Alliance prior to
the work experience beginning for any participant.
2. Provider agrees to provide the necessary instruction, supervision and equipment for a participant to
perform work experience duties.
3. Provider agrees to submit to Alliance on a weekly basis a work experience training program time
sheet signed and dated by Provider and the participant.
4. Provider shall train the participant with the necessary skills for an entry level work experience in the
designated job title.
5. No participant may participate in a Provider work experience unless the participant is referred to
Provider by Alliance in writing and in accordance with the terms of this Agreement.
6. All participants are to be provided with the same working conditions by Provider accorded to other
employees presently in the Provider's work force. However, for purposes of workers' compensation
coverage the participant will be considered an employee of the State of Florida and is subject to the
requirements of the drug free workplace program. Participants shall not be considered employees of
Provider, although Provider shall have all supervisory responsibility.
7. No currently employed Provider employee shall be displaced by a participant. This includes partial
displacement such as reduction in the hours of non-overtime work, wages or employment benefits. It
is illegal for a Provider to displace any regular employee or fail to fill a vacancy so that a worksite
participant may fill the job requirements. Based upon the above Provider must ensure that
employees of Providers organization are notified of the Work Experience Program displacement rules
and his/her rights under the law and ability to file a grievance. Provider's execution of the Work
Experience Program Non-Financial Agreement is with the expectation that Provider will be monitored
by Alliance for compliance with this provision and Providers that violate this provision of the
Agreement and requirement of the law will be terminated from participation in the program
8. No participant shall be hired into or remain working in any position when the same or substantially
equivalent position is vacant due to a hiring freeze or when any regular employee is on lay-off from
the same or substantially equivalent position or when the regular employee has been bumped and
has recall or bumping rights to that position pursuant to the provider's personnel policy or collective
bargaining agreement.
9. Provider shall indemnify and hold harmless Alliance, it's officers, agents, employees, and the Palm
Beach County Board of County Commissioners from liability of any nature or kind, including costs,
expensed, and attorney's fees, for or on account of any actions, claims, suits or damages of any
character whatsoever arising out of any negligent act or omission of the Provider or any employee,
agent, subcontractor, or representative of Provider.
10. Provider may conduct background checks of potential participants as necessary and as a pre-
requisite for acceptance of any participant at a work site.
VII. Termination
Either party may terminate this Agreement, with or without cause, at any time by giving written notice to
the other party. This Agreement will be modified at anytime without notice to the other party upon change
or amendment to any law or regulation that governs the Program.
Worksite Agreement 2/21/07 (rev. 9/23/08)
Page 3of6
VIII. Notice and Contact
The name, address and telephone number of each parties representative to this Agreement is as follows:
Alliance m
A TTN: Kathryn Schmidt, CEOIPresident N: Kurt Bfe.$ne.r. t; ty MQt'lQ,3t.f'
Workforce Alliance, Inc. t.a"~ of noyn\~ f'e..<\c\1
315 South Dixie Highway, Suite 102
West Palm Beach, Florida 33401 100 t:.. &ynton l)tAc.." 811/d.
Telephone (561) 340-1061 Ext. 2201 .Bo1ntol\ eeqL~ fL. a~'t3S
"e..\e.P~fl~ l5~~) 'l~a - to~ ~,
In the event a different representative is designated by either Party after execution of this Agreement,
written notice including the name, address and telephone number of the new representative will be sent
in writing to the other Party.
IX. Monitoring
At any time and as often as Alliance, the State of Florida, United States Department of Labor, Comptroller
General of the United States, the Inspector General of the United States and the State of Florida, or their
designated agency or representative may deem necessary, Provider shall make available all appropriate
personnel for Interviews and all participant records or other data relating to matters covered by this Agreement
for the purpose of monitoring activities and determining compliance with all applicable rules and regulations,
and the provisions of this Agreement. Provider shall respond in writing to monitoring reports and requests for
corrective action plans within 20 working days after the receipt of such request from Alliance.
X. Entire Agreement
This Agreement constitutes the entire understanding of the parties with respect to the subject matter
hereof. All other prior agreements, understandings and representations regarding the subject matter
hereof are hereby superseded and terminated.
IN WITNESS WHEREOF, Provider and Alliance have caused this Agreement to be duly executed as of
the date set forth below.
APPROVED BY: APPROVED BY:
WORKFORCE ALLIANCE, INC. (ALLIANCE)
~
NAME & TITLE PRINTED, AUTHORIZED
REPRESENTATIVE
KURT 6RESSNER
C\1Y M~N~Gf.R
BO'fN10N Bf.f\CH, fl
WITNESS: ~ (!100u,.,~
DATE 3').-01 DATE d / ~O/O?
/ /
Worksite Agreement 2/21/07 (rev. 9/23/08) ^P~:
Page 4 of 6
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CITY ATTORNEV
ATTACHMENT 1
WORK SITE TRAINING OUTLlNE/JOB DESCRIPTION
A separate Work Site Training Outline/Job Description form is to be completed by the Provider for each
participant work experience activity to determine the length of the work experience and functions in which
the participant will be trained.
1. Work Site Location: Enter the legal address of the work site where the participant will be located.
2. Work Site Title: Enter the title of the work site activity/training the participant will be placed.
3. Work Site Occupational Title: Enter the job title and specific numerical code as listed in the
O*NET-SOc that most closely fits the work site title and job description developed by the Provider.
Worksite Occupational Title O*NET Code
4. Masterv Skills & Work Site Duties: List the specific mastery skills & job duties at the work site the
participant will perform.
5. List any pre-requisites for acceptance of a participant (finger printing, background check, interview,
testing, etc) for the work site activity.
6. Lenath of Work Site Experience: Before the training can be approved, Alliance Career Consultant
must determine the length of training or the Specific Vocational Preparation Time (SVP). Enter the
total length of training in months and hours.
Length of Worksite Experience
7. Endina Date of Work Site Experience: Enter the appropriate ending date of the training after the
length of training has been determined.
Ending Date of Work Site Experience
8. Participant Name: Enter the name of the participant receiving the Work Experience and date referred.
A separate work site training outline/job description form must be completed for each participant.
Participant Name Date
Worksite Agreement 2/21/07 (rev. 9/23/08)
Page 5 of 6
ATTACHMENT 2
WORK SITE LETTER OF TRANSMITTAL
Attached please find a Work Site agreement that requires your attention. Please provide the requested
information, sign your name, the date and forward the agreement to the next individual listed on this
transmittal page.
IService Provlde~ or Consortium Staff a~ cJ~ 2..10-0Cf
Member Initiating Work Site Agreement
Date
Alliance Contracts S. Brea ~ ~db-&t
Name Date
Agreement No. 2008- ~~2-
,
To Be Completed By Alliance
Alliance WTP Program Director M. Garrett ~~Jlf Jj~/c;q
,ame Dare
Alliance S~Ai6F.Director Programs R. O'Connor ~ ~/~,,~ ?
Name . Date
Alliance CEO/President K. Schmidt ~ -302-cYJ
Nam Date
Worksite Agreement 2/21/07 (rev. 9/23/08)
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