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R04-172 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 RESOLUTION NO. R 04- i '12.. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE EXECUTION OF A CONTRACT WITH WORKFORCE ALLIANCE UNDER THE NATIONAL EMERGENCY GRANT (NEG), FUNDED FROM THE UNITED STATES DEPARTMENT OF LABOR TO PROVIDE TEMPORARY LABOR TO ASSIST THE CITY OF BOYNTON BEACH WITH POST-STORM CLEAN-UP; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the NEG program provides funding to provide temporary labor to assist in the clean-up, restoration and humanitarian efforts 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 jobs; and WHEREAS, the availability of additional labor provided through the NEG will assist in the City's recovery process, help speed the clean-up and provide some needed assistance to an already overburdened recovery staff; and WHEREAS, upon recommendation of staff, the City Commission has determined that it is in the best interests of the residents of the City to approve and execute a Contract with Workforce Alliance under the National Emergency Grant (NEG), to provide temporary labor to assist the City of Boynton Beach with post-storm clean-up. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize execution of the Contract with Workforce Alliance under the National Emergency Grant (NEG) to provide temporary labor to assist the City Of Boynton Beach with the post-storm clean-up, a copy of which is attached hereto as Exhibit "A". S:\CA\RESOXAgreements\Workforce Alliance (storm clean-up).doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 29 PASSED AND ADOPTED this ,fl. ! day of September 2004. CITY OF BOYNTON BEACH, FLORIDA ~~ner C---~ ' ' Commi ~' ATTEST: 'lerk ~:\CA\RESO~greements\Workforce Alliance (storm clean-up).doc P, oq- t-ton Workforce Services for Hurricane Frances Disaster Relief Coordinated by Workforce Alliance DISASTER UNEMPLOYMENT ASSISTANCE FACT SHEET If you have been working or residing in one of the officially declared disaster counties and are no~v ~memployed as a result of the disaster, you may be eligible for Unemployment Compensation Benefits or Disaster Unemployment Assistance. To file a claim for Unemployment Benefits: Apply by phone: 1-800-204-2418 Apply by Intemet: WWW. FLUIDNOW. COM When you are applying for disaster unemployment assistance you will need to have the following information available: · Social Security' number · Alien Registration number and expiration date (if applicable) Name and address of you last employer · lfyou worked in another state during the last two years, have the name and address of the out of state employer. If self-employed have proof or self-employment for the past two years. (W-2s, State or Federal tax returns, bank records of accounts, statement from a bank sho;~4ng business account, or a copy of title or deed to a business property) · If you were scheduled to work but could not work due to the disaster, have name and address of employer and date scheduled to work. · Drivers License Number or other form of identification. · Bank Accotmt Number ( Ifyou wish benefits to be Direct Deposited) DISASTER UNEMPLOYMENT ASSISTANCE HIGHLIGHTS Disaster Unemployment Assistance is a federally fimded unemployment benefits program, which provides assistance to individuals who become unemployed as a result of a disaster. It works as follows: · All eligible individuals have 30 days fi'om the announcement date of September 4, 2004 to file a clain~ lbr Disaster Unemployment Assistance. If the date of separation is later than the unnouncement date, state law will apply. · An individual nmst exhaust all entitlement (lJnemployment Compensation, ELIC) prior to being eligible for Disaster Unemployment Assistance. A claimant who is disqualified from receiving regular unemployment may be entitled to Disaster Unemployment Assistance. · For any week that the ckainmnt's earnings are in excess of the calculated weekly benefits amount, the individual receives no payment for the xveek. · Minimum weekly benefit anmtmt $33.00 per week, Maximmn weekly benefit amount $275.00 per ;veek. · All Clahnants must serve a waiting week, the tn-st compensable week is the second week after filing and the first compensable (check) week can be expected in 3 weeks. · If a Clahnant has filed a clain~ within the last 12 months, and that clahn has a balance anlotmt, the claimant wonld not bare to serve anofl~er waiting week. · Aliens may receive Disaster Unemployment Assistance benefits if they meet the able and available criteria, within the meaning of the state law: i.e., they must be able and available for work and attthorized by the INS to work in this connt .ry. It:hNETPOOLxNEG',Frances [~-DI.JA Fact Sheet.doc Workforce Services for Hurricane Frances Disaster Relief Coordinated by Workforce Alliance Fact Sheet Workforce Alliance is a non-profit organization that provides worktbrce development services for employers and residents of Pahn Beach County. Workforce Alliance has received National Emergency Grant funds to assist with the hurricane retief effort in our county. The l'ollowing is a list of services we are providing to individuals and agencies. INFORMATION FOR INDIVIDUALS Disaster Unemployment Assistance for any individuals who cannot work as a result of Hu~cane Frances. Workforce Alliance is providing applications for Unemployment Insurance/DUA at the following designated FEMA Disaster Relief Centers and at our Career Centers noted below. Individuals may also apply online at Www.fluidnow. com (indicate on the application that it is disaster related) or call 1-800-204-2418. Temporary, Jobs - WORKFORCE ALLIANCE will be looking for and hiring individuals to perform tasks related to clean-up and htananitarian services that are permitted under the terms of the grant. Priority in filling the jobs will go to individuals who have become unemployed, either temporarily or permanently, as a result of Hurricane Frances. Other unemployed persons should also make application. These jobs nmy be with public agencies, not-for profit organizations, community-based organizations or faith-based organizations and will be related to either clean-up, restoration or humanitarian aide. We are also taking applications for FEMA's worklbrce to provide clean-up and restoration for private businesses and residences. Interested individuals can sign up at any of the above locations or by calling the Career Center nearest you. Indicate your job preference and a Worktbrce Alliance staff member will match you with the appropriate worksite as these become available. Wages vasy depending on the job but all positions will pay the prevailing wage in our labor market for that type of work. Temporary employees may work a maximum of 1,040 hours or earn up to $12,000 in wages, whichever comes first WORKFORCE ALLIANCE will be accepting applications beginning Friday, September 10 at the following Disaster Relief Centers throughout Palm Beach Coun.ty: · Pahn Beach Gardens Communi .ty Center, 4404 Burns Rd., Palm Beach Gardens · Pompey Park, t 101 NW 2nd Street, Delray Beach · Wells Community Center, 2409 Avenue H West, Riviera Beach · South County Civic Center, 16700 Jog Road, Delray Beach · Belle Glade Fire Station, 525 SW 2nd Street, Belle Glade Applications will also be accepted at the tlu-ee ALLIANCE Career Centers beginning September 10: · Riviera Beach Career Center, 2051 Martin Luther King, Jr. Blvd., Riviera Beach Phone: 616-5200 · Belle Glade Career Center, 1085 South Main St., Belie Glade Phone: 992-1310 · Delray Beach Career Center, 14610 S. Military. Trail, Delray Beach Phone: 637-7000 Other workforce services routinely provided by Worklbrce Alliance are available at our Career Center locations. For more information contact or visit the Career Center nearest you. INFORMATION FOR AGENCIES H:\NETPOOL\NEGX,Fact Shcets'xFrances Fact Sheet.doc WHAT: WorLtbrce Alliance has National Emergency Grant funds to provide temporary labor to public agencies, not-tbr-profit organizations and community, md thith-based organizations for humcane-related work such as cle,'m-np, restoration and humanitarian aid. Public agencies include municipal, count3..', state, public works, etc. NEG fimds cannot be used for private businesses or individual homeowners; rather FEMA is the contact for these concerns. Private sector employers and businesses in Palm Beach County should contact WORKFORCE ALLIANCE for employment services and workforce solutions other than those funded by the current National Emergency Grant. HOW WOULD THIS WORK.'? Workforce Alliance will develop a worksite agreement with your agency to provide temporary, workers for specific jobs your agency designates. Workforce Alliance will pay the wages and worker's compensation costs. Temporary. workers may not exceed 1,040 hours or $12,000, whichever comes first. HOW TO APPLY: Interested agencies should complete the following information as soon as possible and entail, fax or phone to the address listed below. 1. Name of agency 2. Contact person(s) and information (name, phone, fax, ceil, email) 3. Number of temporary workers needed in each department 4. Possible clean-up sites and major points of damage 5. Type of work to be performed 6. Safety equipment needed FOR MORE INFORMATION: Go to the Workforce Alliance website at www. pbcalliance~co~, click on Hurricane Frances Disaster Relief Efforts to get the latest infom~ation and updates. Contact person: Roger Nielsen Phone: 561- 836-5500 ext. 205 Email: rnielsent~ pbcallian ce. corn Fax: 561- 837-5600 You may also call 1-800-556-JOBS (5627)for assistance. H:\NETPOOL\NEG\Fact Sheets\Fram-~s Fact Sheet.doc MvFlorida - Programs http://x~x~,~v.floridajobs.orWunemployment/programs/duahtm [- .... : !i~!(I AWl Home] Employers ! Job Seekers I Pa.nors I Employment Links IF FAQs Disaster Unemployment Assistance If you have been working or residing in one of the officially declared disaster counties and are now unemployed as a result of the disaster, you may be eligible for Unemployment Compensation Benefits or Disaster Unemployment Assistance. Apply by phone 1-800-204-2418 When you are applying for disaster unemployment assistance you will need to have the following information available: · Social Security number · Alien registration number and expiration date (if applicable) · Name and address of your last employer · If you worked in another state during the past two years, have the name and address of the out-state-employer. · If self-employed have proof of self-employment for the past two years. (W-2's, State or Federal tax returns, bank records of accounts, statement from a bank showing business account, or a copy of title or deed to a business property.) · If you were scheduled to work but could not work due to the disaster, have name and address of employer and date scheduled to work. DISASTER UNEMPLOYMENT ASSISTANCE HIGHLIGHTS Disaster Unemployment Assistance is a federally funded unemployment benefit program which provides assistance to individuals who become unemployed a result of a disaster. It works as follows: · Assistance must be requested by the Governor · Assistance is approved by the President · A signed agreement must be in effect prior to any action being taken · After a disaster is declared, an official announcement regarding the availability of Disaster · Unemployment Assistance funds must be made by the state employment security agency · All eligible individuals have 30 days from the announcement date to file a claim for Disaster Unemployment Assistance. I f the date of separation is later than the announcement date, state law will apply. · The disaster period is the 26 week period beginning with the first week following the date the major disaster began and ending with the 26th week subsequent to the date the major disaster was declared. · Depending on the date of the declaration, it is possible for individuals to receive more than 26 weeks of benefits · An individual must exhaust all entitlement (Unemployment Compensation, EUC) prior to being eligible for Disaster Unemployment Assistance. A claimant who is disqualified from receiving regular unemployment may be entitled to Disaster Unemployment Assistance. I of 2 9/14/04 11:08 AM MvFlorida - Progrmns http://www.floridajobs.org/unemployment/programs/dua, htm · The Disaster Unemployment Assistance entitlement will be calculated with a base period of the most recent tax year that ended prior to the individual's unemployment that was the direct result of a disaster · For any week that the claimant's earnings are in excess of the calculated weekly benefit amount, the individual receives no payment for the week · Appeals o The claimant shall have 60 days to appeal a determination or redetermination o All Disaster Unemployment Assistance appeals will be decided within 30 days of receipt o The claimant will have 15 days to appeal the referee's decision to the Regional Administrator o The Regional Administrator will have 45 days to obtain the records and issue a decision o The decision by the Regional Administrator must be issued within 90 days after the day on which the claimant's odginal decision was received by the state agency · Aliens may receive Disaster Unemployment Assistance benefits if they meet the able and available criteria, within the meaning of the state law: i.e., they must be able and available for work and authorized by INS to work in this country. .33 .133 Copyri.qht~ 2003 State Of Florida Privacy Statement 2 of 2 9/14/04 11:08 AM WORKFORCE ALLIANCE, INC.'S Temporary Job Interest Survey (THIS FORM MUST BE TURNED INTO A CAREER CENTER REPRESENTATIVE) Name: Address: City: State: Apt No: __ Zip: SS No: Date of Birth: / / Phone No: Alt. Phone No: E-mail address: Emergency Contact: Phone No. ( Male ( Female Race: Selective Service: ( Registered ( Not Registered ( N/A Authorization to work in the US: ( US Citizen or Naturalized ( Lawfully Admitted Alien/Refugee Migrant Farmworker: ( Yes ( No Did you lose your job or are you unable to find a job because of the hurricane? ( Yes ( No Have you been unemployed for 15 weeks or more? ( Yes ( No Rate your area of Job Interest with 1 being the highest: VVhich Career Center did you attend? ( South ( North ( West ( PPN Do you have a Disability? ( Yes ( No If yes describe Are you a Veteran? Disabled Veteran? (Yes (No (Yes (No Vietnam Era Veteran? ( Yes ( No Highest level of education completed: Are you currently enrolled in school? ( Yes ( No I DESCRIPTION OF YOUR RELEVANT WORK RATING TYPES OF dOBS EXPERIENCE Distribution of Goods Driver Counselor Debris Clean-Up Construction/ Laborer Other: Job Interest Survey.doc Attestation: By my signature below, I certify that the information that I have presented on this document is true and correct. I agree and understand any willful or misstatement of facts may cause forfeiture of my status in the program and could be cause for legal action. I understand the information is subject to verification and agree to provide such documentation as required. Applicant Signature: Date: H :\N ETPOOL,N E~\Job Seeker ,nformatiori\mempora ry Jo~ Inte rest StJrvey.docmempo rary ~i~~ ~//O" Workforce Alliance, Inc. 326 Fern Street, Suite 301 West Palm Beach, FL 33401 FOR IM MEDIATE RELEASE September 9, 2004 CONTACT: Kathryn Schmidt, Pres./CEO (561) 837-5500 Federal Grant Brings Assistance to Palm Beach County Disaster Relief Efforts West Palm Beach, FL - A National Emergency Grant received by WORKFORCE ALLIANCE, INC. will provide needed relief to disaster victims in all communities of Palm Beach County as they put their lives back together in the aftermath of Hurricane Frances. The federal funds will enable cities, municipalities, non-profit organizations, and faith-based and community organizations to hire local individuals to assist with post-h, urricane clean up, restoration and humanitarian efforts throughout the County. All public and non-profit agencies in need of temporary employees to assist with the clean-up and restoration of public areas or related humanitarian work should contact WORKFORCE ALLIANCE, (561) 837-5500, to make application. WORKFORCE ALLIANCE will be loOking for and hiring individuals to perform tasks related to clean-up and humanitarian services that are permitted under the terms of the grant Priority in filling the jobs will go to individuals who have become unemployed, either temporarily or permanently, as a result of Hurricane Frances. Other unemployed persons should also make application. WORKFORCE ALLIANCE will be accepting applications beginning Friday, September 10 at the following relief centers throughout Palm Beach County: · Palm Beach Gardens Community Center, 4404 Burns Rd., Palm Beach Gardens · Pompey Park, 1101 NW 2nd Street, Delray Beach · Wells Community Center, 2409 Avenue H West, Riviera Beach · South County Civic Center, 16700 Jog Road, Delray Beach · Belle Glade Fire Station, 525 SW 2nd Street, Belle Glade Applications will also be accepted at the three ALLIANCE Career Centers beginning September 10: · Riviera Beach Career Center, 2051 Martin Luther King, Jr. Blvd., Riviera Beach · Belle Glade Career Center, 1085 South Main St., Belle Glade · Delray Beach Career Center, 14610 S. Military Trail, Delray Beach Private sector employers and businesses in Palm Beach County should contact WORKFORCE ALLIANCE for employment services and workforce solutions other than those funded by the current National Emergency Grant. WORKFORCE ALLIANCE, INC. is a non-profit corporation chartered by the State of Florida responsible for creating and supporting a workforce system in Palm Beach County that is responsive to the needs of the community and the needs of businesses in Palm Beach County. IN WITNESS WHEREOF, CONTRACTOR and ALLIANCE have caused this Contract to be duly executed as of the date set forth below. Approved By: W©RKFORCE ALLIANCE, INC. (ALLIANCE) Approved By (Ir;sert Name of Agency Below) City of Boynton Beach (AGENCY) AGENCY FEDERAL tD NO.: BY: Signed ALLIANCE President/CEO Kathryn Schmidt, President/CEO. Printed Name ALLIANCE President/CEO AGENCY TELEPHONE/FAX NO.: ( 5 61 ) 7 4 2 - 6 013 S~gnature'~uthorlzed AGENCY Representatrve Name & Title KURT BRESSNER CITY MANAGER BOYNION BEACH, Fl Printed Name Authorized AGENCY Representative WITNESS: DATE APPROVED AS TO FORM AND LEGAL SUFFICIENCY ALLEY, MAASS, ROGERS, LINDSAY, P.A. BY: .. DATE: ALLIANCE General Counsel, David H. Baker ALLIANCE FUNDS AVAILABLE AND CFDA NUMBER & TITLE: BY: DATE: ALLIANCE CFO, Kenneth Kaneski National Emergency Grant Worksite Agreement Page 5 of 6 NATIONAL EMERGENCY GRANT WORKSITE AGREEMENT Funding source: National Emergency Grant (NEG) Grant Number: EM- Hurricane Frances Project Number FL- Project: Agreement No: This work site agreement shall begin on and end on Workforce Alliance, "ALLIANCE") and Inc. as the Regional Workforce Development Board, (hereinafter referred to as whose address is (hereinafter referred to as the "AGENCY"), agree to the following terms of this Agreement to be funded from the United States Department of Labor (hereinafter referred to as the U.S.D.O.L.) Employment and Training Administration Workfome Investment Act (WIA) Title 1 National Emergency Grant (hereinafter referred to as the "NEG Program") covered under Federal Disaster Declaration FEMA No. issued on September. 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 nebessary as a direct result of recovery efforts associated with the Hurricane Frances disaster and to fill those jobs with eligible individuals (hereinafter referred to as "Participants") 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; The NEG Program shall consist of temporary work, wherein a participant referred by ALLIANCE to the AGENCY is given job functions to perform under the guidance and supervision of the AGENCY in accordance with the job description attached hereto as "Exhibit A". It is understood by ALLIANCE and the AGENCY that no legal employer-employee relationship is created or exists between the AGENCY and the participant. In agreeing to provide direction and supervision of the participant, the AGENCY understands that this does not make ALLIANCE or its designee liable to the AGENCY or any third party by reason of any future act or failure to act by any participant on or off the job. .2. Limitations on participation The AGENCY understands and agrees that no participant shall begin work until this Agreement is executed by both the AGENCY and ALLIANCE. Participants may not work in temporary jobs under this grant for more than One Thousand Forty (1,040) hours or earn more than Twelve Thousand Dollars ($12,000) in wages, whichever occurs first. These limitations apply to individual participants and not specific jobs. 3. Eligible Worksites As determined by ALLIANCE, ALLIANCE will prioritize worksites for temporary jobs such that the highest priority is for public facilities, which have been most severely damaged. As determined by ALLIANCE, the second priority will be private non-profit agencies that have the highest impact on providing needed temporary services and/or restoring public services, etc. In general, worksites shall be limited to public and private non-profit facilities and property. Work on private property may only occur when all specific National Emergency Grant Worksite Agreement Page 1 of 6 conditions as determined by ALLIANCE and in accordance with NEG Program requirements are met and will be looked at by ALLIANCE on a case-by-case basis and approved in writing by ALLIANCE. Work on private property shall not be a priority unless it is necessary to restore public services or there is a clear safety hazard as determined by ALLIANCE to the larger community. 4, Recruitp!.ent and Selection. Recruitment and eligibility determinations will be the responsibility of ALLIANCE through its Direct Service Providers. Individuals determined to be eligible for the NEG Program will be referred to a worksite by ALLIANCE. ~. Responsibilities of AGENCY The following are the responsibilities of the AGENCY. The AGENCY accepts and agrees that it shall: A. direct and supervise participant work activities in accordance with his/her job description(s) as described in "Exhibit A", which is hereby incorporated by reference and made a part of this Agreement. B. assure that it will have supervisory personnel who will act as worksite supervisors for each of the AGENCY's worksites so as to provide for continuous on-site supervision of participants. C. assign worthwhile and meaningful work to participants during the entire time he/she are at the worksite. D. require participants' conformance with the AGENCY's Personnel Rules of Conduct. E. orient and train their work site Supervisory personnel including any alternate staff directly responsible for the supervision of participants as to the AGENCY's responsibilities and obligations under this Agreement. F. notify the ALLIANCE President/CEO immediately via telephone at (561) 837-5500 followed up within twenty four (24) hours in writing via facsimile at (561) 357-5600 of any temporary and/or ongoing changes in the designation of personnel who will be supervising the participants. G. be accountable for maintaining ALLIANCE participant time sheets by keeping accurate work time attendance rosters, supervising the proper completion and signing of time sheets by each participant, certifying and signing participant time sheets if all the prior requirements are met and by faxing the timesheets to ALLIANCE on a weekly basis at (561) 357-5600 for the pedod commencing National Emergency Granl Worksite Agreement Page 2 of 6 midnight on Sunday and ending on 11:59 p.m. Saturday. H. ensure that all sites where participants will be assigned are sanitary and safe environments in accordance with health and safety standards established by State and Federal law. I. ensure that all required safety supplies and equipment are used in the proper manner for the intended use. J. conform to normal routines and functions befitting a reasonable business establishment, including, but not limited to, appropriate supervision on the premises at all times, displaying positive work habits, maintaining safe working conditions and appropriate attire. K. have an inclement weather plan for any approved positions that are required to work outdoors to ensure that alternative tasks can be performed inside during inclement weather. L. inform the ALLIANCE President/CEO immediately via telephone at (561) 837-5500, followed up within twenty four (24) hours in writing via facsimile at (561) 357-5600 should an accident or injury occur at the job site affecting or involving a participant and require the participant to complete a first report of injury form. M. notify ALLIANCE by telephone of any problem or concern regarding a participant's performance at a worksite as soon as possible, but at least within 24 hours of when the problem is identified. N. not discriminate against any participant or potential participant because of race, color, religion, sex, national origin or disability. O. ensure that participants receive fair and impartial treatment and that participants shall not be subjected to harassment of any type or form. P. ensure that the following general conditions for temporary jobs shall be complied with: 1) participants shall receive comparable working conditions and non-payroll benefits such as rest breaks, etc. as other employees; 2) there shall be no displacement of regular employees nor replacement of laid-off workers by the temporary job participant; and 3) there shall be no infringement of promotional opportunities for regular employees. Q. not subcontract, assign or transfer any dghts or responsibilities under this agreement or any podion thereof without the prior written approval of ALLIANCE. R. implement administrative controls to ensure that costs for wages and other costs that ALLIANCE is responsible for paying are not being paid by other federal, state or local programs to eliminate the possibility of a duplication of funding. S. maintain all records and files pertaining to the operation of this Agreement and any amendment hereto for three (3) years following expiration of this Agreement. Records and files shall include, but not be limited to, participant time and attendance sheets, supervisor assignment and this Agreement. AGENCY is required to maintain written documentation evidencing each participant's eligibility in the participant's permanent file. In the event such documentation is determined not to be in the participant's permanent file, AGENCY shall promptly obtain and file such documentation in participant's permanent file in order to be in compliance under the applicable program. A record of such efforts shall be maintained in the participant's file T. will immediately advise ALLIANCE in writing of any actions, suits, claims or grievances filed against the AGENCy, ALLIANCE, State of Florida, federal off~cials or participants that in any way relates to this Agreement. 6. Responsibilities of ALLIANCE ALLIANCE or its designee/subcontractor, accepts and agrees that it shall A. assist the AGENCY job site supervisor in resolving any problems concerning the participants' performance on the job by responding to the AGENCY's notice. B. hear all grievances concerning program participant performance at the job site. C. provide counseling and support services-to participants as the need is identified. D. be responsible for distributing participant paychecks dependent on AGENCY's timely submission of properly certified time sheets. E. be responsible for contracting with a third party to act as employer of record. This employer of record shall employ the participants, pay participant wages for all actual hours worked, and provide Workers' Compensation coverage for all participants. 7. AGENCY Monitoring and Reportina AGENCY must determine and ensure that all participants at all worksites are only performing disaster-related work activities. The AGENCY shall notify the ALLIANCE President/CEO immediately via telephone at (561) 837-5500, National Emergency Grant Worksite Agreement Page 3 of 6 followed up within twenty four (24) hours in writing via facsimile at (561) 357-5600 of any changes to the participant required work hours, job description and/or if the disaster recovery work has been completed and the job needs to be ended. 8. ALLIANCE Monitoring The AGENCY shall allow ALLIANCE, the Governor of the State of Florida, or any of its agents end/or subcontractors and the U.S.D.O.L. to visit the AGENCY's work sites, monitor the NEG Program, report problems, require corrective action within specified time periods or remove participants from worksites without prior notice other than a written notification to be delivered to the AGENCY at the time of the removal. This action may be taken when ALLIANCE in its sole discretion, the Governor of the State of Flodda, or U.S.D.O.L. finds serious or continual violations of rules or laws, where violations are not being remedied or where ALLIANCE, the Governor of the State of Florida or US.D.O.L find noncompliance on any of the terms or conditions under this Agreement. 9. Prohibited Activities A. Sectarian Activities: The AGENCY assures that participants will not be employed in building, operating, or maintaining any 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 agreement between the AGENCY and other parties, nor will this agreement assist, promote or deter union organization. C. Lobbying And Political Activities: The AGENCY assures that this Agreement shall not assist with political or lobbying activities or the cost of any salades or expenses related to any activity designed to influence legislation or appropriation pending before the Congress of the United States. D. Relocation: Neither the execution nor performance of the Agreement shall assist in, support or otherwise contribute to the relocation of the Worksite Employers business. 10. Hold Harmless Without waiving its sovereign immunity, and if and to the extent allowed by law, each party shall indemnify and 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. 11. Changes to the AcJre.emen.t There shall be no modification or amendment of this Agreement, except in writing, executed by both the AGENCY and ALLIANCE. Requests for interpretations of this Agreement shall be directed to the President/CEO of ALLIANCE and must be in wdting. No interpretations shall be official or binding upon the Worksite Employer unless it is received in written form. 12, Termination This Agreement may be terminated as follows: A. ALLIANCE or the AGENCY may terminate this Agreement for convenience upon thirty- (30) calendar day prior written notice to the other party. B. ALLIANCE may terminate this Agreement in whole or in part at any time that the ALLIANCE President/CEO, in her sole discretion, determines that: 1) the AGENCY has failed to comply with any of the provisions contained in this Agreement or any Amendment heretO; 2) the AGENCY fails to perform in whole or in part under this Agreement or fails to take corrective action after receiving oral or written requests to do so within an appropriate time period as may be stipulated by ALLIANCE; or 3) the U.S.D.O.L. or State of Florida as determined by ALLIANCE fails to provide adequate funds, reduces, eliminates or otherwise terminates the program under which this Agreement is written. 13. Notice Any notice, request or demand required or permitted to be given hereunder by either party to the other shall be effected either by the parties in writing and given personally or mailed certified, return receipt requested, postage prepaid or telecopier with applicable verification of date and time initiated, if mailed the following day, at their respective addresses set forth below, or to such address as such party may provide in wdting from time to time and such notice will be deemed to be legally effective. Notices delivered personally shall be deemed communicated as of actual receipt Mailed notices shall be deemed communicated as of five (5) days after mailing or verified receipt whichever Js earlier. 14. Controllin_u Laws This Agreement and the provisions contained herein shall be construed, controlled and interpreted according to the laws of the State of Florida. FEMA Certification: The AGENCY understands that all costs and expenses paid with NEG Program funds are not eligible for FEMA reimbursement. (Initial 8, Date) REMAINDER OF PAGE INTENTIONALLY BLANK National Emergency Grant Worksite Agreement Page 4 of 6