R06-038
II
1 RESOLUTION NO. R 06-038
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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 CONTRACT
7 WITH WORKFORCE ALLIANCE UNDER THE
8 NATIONAL EMERGENCY GRANT (NEG), FUNDED
9 FROM THE UNITED STATES DEPARTMENT OF
10 LABOR TO PROVIDE TEMPORARY LABOR TO
11 ASSIST THE CITY OF BOYNTON BEACH WITH
12 POST -STORM CLEAN-UP; AND PROVIDING AN
13 EFFECTIVE DATE.
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16 WHEREAS, the NEG program provides temporary labor to assist with hurricane
17 recovery efforts for the City's facilities and parks; and
18 WHEREAS, the availability of additional labor provided through the NEG will
19 assist in the City's recovery process, help speed the clean-up and provide some needed
20 assistance to an already overburdened recovery staff; and
21 WHEREAS, upon recommendation of staff, the City Commission has determined
22 that it is in the best interests of the residents of the City to approve and execute a Contract
23 with Workforce Alliance under the National Emergency Grant (NEG), to provide temporary
24 labor to assist the City of Boynton Beach with post-storm clean-up.
25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
27
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
28 being true and correct and are hereby made a specific part of this Resolution upon adoption
29 hereof.
30
Section 2.
The City Commission of the City of Boynton Beach, Florida does
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hereby approve and authorize execution of the Contract with Workforce Alliance under the
2
National Emergency Grant (NEG) to provide temporarY labor to assist the City Of Boynton
3
Beach with the post-storm clean-up, a copy of which is attached hereto as Exhibit "A".
Section 3.
This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED this 1.J41 day of February, 2006.
CITY OF BOYNTON BEACH, FLORIDA
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(City Seal)
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NATIONAL EMERGENCY GRANT WORKSITE AGREEMENT
Funding source:
National Emergency Grant (NEG)
Grant Number:
EM.
Project:
Hurricane Wilma
Project Number FL.
Agreement No:
This work site Agreement shall begin on October 31. 2005. and end on June 30. 2006 WorKforce Alliance,
Inc. as the Regional Workforce Development Board, (hereinafter referred to as "ALLIANCE") and
the, ' whose address is
(hereinafter referred to as the "AGENCY"),
agree to the following terms of this Agreement to be funded solely from the United States Department of
Labor (hereinafter referred to as the U,S.D.O.L.) employment and Training Administration Workforce
Investment Act CNIA) Title 1 National Emergency Grant (hereinafter referred to as the "NEG Program")
covered under Federal Disaster Declaration FEMA No. issued on October, 2005.
The primary purpose of this Agreement islo identify and establish temporary jobs to assist in the clean-up,
restoration and humanitarian efforts that are necessary as a direct result of recovery efforts associated with
the Hurricane WILMA 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 Wilma.
1. Proaram 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 direction and general
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.
2. Limitations on particiDation
The AGENCY understands and agrees that no
Participant shall begin work until this Agreement
is executed by both the AGENCY and ALLIANCE
and ALLIANCE has satisfied its obligations under
Sections 7(F) and (G) hereof, Participants may
nol work in temporary jobs under this grant for
more than One Thousand Forty (1,040) hours or
earn more than Twelve Thousand Oollars
($12,000) in wages, whichever occurs first.
National Em~rgency Grant Worksite Agreement
Page 1 of 5
These limitations apply to individual participants
and not specific jobs.
3. Eliaible Worksjtes: Priority. eligible
Worksites under this Agreement shall be
AGENCY owned facilities and parks. 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
seNices and/or restoring public services, etc. In
general. worksites shall be limited to public and
private non-profit facilities and properly. Work on
private property may only occur when all specific
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. Recruitment and Selection
Recruitment and eligibility determinations will be
the responsibility of ALLIANCE. Individuals
determined to be eligible for the NEG Program
will be referred to a worksite by ALLIANCE.
Notwithstanding anything in the foregoing to the
contrary, the AGENCY shall have the right to
reject an Individual if the AGENCY deems the
person to be inappropriate for a particular job or
jobsite. furthermore, the AGENCY relains the
right to dismiss an individual and refuse to allow
that individual to relurn to the AGENCY due to the
individual's conduct or misconduct.
llndependent Contractor
As to the AGENCY. the Participant is, and shall
be. in the performance of all work, services and
activities under this Agreement, an independent
contractor, and not an employee, agent. or
servant of the AGENCY.
Additionally, the Participant shall not, in
connection with this Agreement or the
performance of services and fIJnctions hereunder,
have a right to or claim any wages, pension,
workers' compensation, unemployment
compensation. civil service, or other employee
rights, privileges, or benefIts granted by operation
of law or otherwise except through and against
the entity by whom the Participant is employed.
6. ResDonsibilities of AGENCY
The following are the responSibilities of the
AGENCY. The AGENCY accepts and agrees
that it shall:
A. direct and supervise Participants work
activities at AGENCY worksiles in accordance
with their job description(s).
S, assign work to Participants during the entire
time they are at the worksile.
C. reqUire Participants' conformance with the
AGENCY's Personnel Rules of Conduct.
D orient and train its work site Supervisory
personnel including any alternate staff direclly
responsible for the supervision of Participants
as to the AGENCY's responsibilities and
obligations under this Agreement.
E. 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
National Emergency Grant Worksite Agreement
Page :z of 5
participant time sheets jf all the prior
requirements are met and by faxing the
timesheets to the employer of record no later
then 5 p.m. each Monday to fax number
(561) 688-1221 for the period commencing
midnight on Sunday and ending on 11: 59
p.m. Saturday.
F. ensure that all required safety supplies and
equipment are provided and used in the
proper manner for the intended use.
G. conform to normal routines and functions
befitting a reasonable business
establishment, including, but not limited to,
appropriate supervision on the premises,
displaying positive work habits and
maintaining safe working conditions.
H. ensure that all sites where participants will be
assigned are operated in a sanitary and safe
manner in accordance with health and safety
standards established by State and Federal
law.
I. inform the employer of record immediately via
telephone al (561) 688.9330, followed up
within twenty four (24) hours in writing via
racsimile at (561) 688-1221 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
injIJry form.
J. notify ALLIANCE by telephone of any
problem or concem regarding a participant's
perfonnance at a worksite as soon as
possible, but at leasl within 24 hours of when
the problem is identified.
K. not discriminate against any participant or
potential participant because of race, color,
religion, sex, national origin or disability.
L. ensure that participants receive fair and
impartial treatment and that participants shall
not be subjected to harassment of any type or
form.
M. 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
AGENCY 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 or
promotional opportunities for regular
employees.
N. not subcontract. assign or transfer any rights
or responsibilities under this Agreement or
any portion thereof without the prior written
approval of ALLIANCE.
O. implement administrative controls to ensure
that costs for wages and other costs that
ALLIANCE is responsible for paying are not
being p.;lld by other federal, state or local
programs to eliminate the possibility of a
duplication offunding.
P. maintain alt 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. supeIVisor 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 10 be In compliance under the
applicable program. A record of such efforts
shall be maintained in the Participant's file
Q. will immediately advise ALLIANCE in writing
of any actions. suits. claims or grievances
filed against the AGENCY. ALLIANCE. State
of Florida. federal officials or Participants that
in any way relates to this Agreement
R. Program participants shall not work overtime
defined as in excess of 40 hours per pay
period or per week. unless written
authorization is received in advance by
CONTRACTOR from Mr. rke Powell, III. Vice
President of Programs or ALLIANCE.
7. Responsibilities of ALLIANCE
ALLIANCe or its designee/subcontractor, accepts
and agrees that it shall:
A. assist the AGENCY job site supelVisor In
resolving any problems concerning the
Participants' performance on the job by
responding to the AGENCY's notice.
B. hear all grievances concerning program
Part~ipant performance at the job site.
C. provide counseling and support seIVices 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
National Emergency Grant Worksite Agreement
Page 3 of 5
actual hours worked, and provide Workers'
Compensation coverage for all Participants.
8. AGENCY Monitorina and Reoortina
AGENCY must determine and ensure that all
p~rticipants at all worksites are only performing
dIsaster-related work activilies. The AGENCY
shall notify the ALLIANCE Project Coordinator.
Jan Cook, immediately. via telephone at (561)
340-1060 ext.434, followed up within twenty four
(24) hours in writing via facsimile at (561) 340-
1057 of any changes to the participant required
work hours, Job description and/or if the disaster
reco.....ery work has been completed and the job
needs to be ended.
9, ALLIANCE Monitorina
The AGENCY shall allow ALLIANCE, the
Governor of the State of Florida, or any of its
agents and/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 worksltes 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 Florida, 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 U.S.D.O.L. find
noncompliance on any of the terms or conditions
under this Agreement.
10. 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.
8. Collective Bargaining And Union Activities:
The AGENCY assures that this Agreement
will not impair eXisting contrad~ for services
or collective bargaining agreement between
the AGENCY and other parties, nor will this
agreement assist, promote or deter union
organization.
C. Lobbying AM Political Activities: The
AGENCY assures that this Agreement shall
not assist with political or lobbying ac1ivities 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.
D. Relocation: Neither the execution nor
performance of the Agreement shall assist in.
support or otherwise contribute to the
relocation of the Work site Employer's
business.
11. Hold Harmless
Without waiving its sovereign immunity. and if and
to the extent allowed by law. each party shall
indemnify and hold hamless 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 perfonnance or omission of
either party's employees or representalives
connected with the activities described herein.
12. Chanaes to the Aareement
There shall be no modification or amendment of
this Agreement. except in writing. executed by
both the AGENCY and ALLIANCE.
13. Termination
This Agreement may be terminated as follows:
A. ALLIANCE or the AGENCY lTlay terminate
this Agreement for convenience upon seven
(7) calendar days prior written notice to the
other party.
B. ALLIANCE may terminate. this Agreemenl in
who/.e or in part at any time that the
ALLIANCE PresidenVCEO, in her sole
discretion, detennines lhat:
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 (his Agreement or fails to take
corrective action aner receiving oral or
wrillen requests 10 do so within an
appropriate lime 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.
C. t-GENCY may terminate this Agreement in
whole or in part at any time that the AGENCY
determines thaI ALLIANCE has failed to comply
with any of the provisions contained in this
Agreement or any Amendment hereto.
14. Notice
Any no lice , 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 herein. or to such
address as such party may provide in writing from
time to time and such notice will be deemed to be
legally effective. Notices delivered personalty
shall be deemed communicated as of actual
receipt. Mailed notices shall be deemed
communicated as of three (3) business days after
mailing or verified receipt whichever is earlier.
15. Controlllna Laws
This Agreement and the provisions contained
herein shall be construed, controlled and
interpreted according to the laws of the State of
Florida, Venue for any and all actions arising from
and/or relating to the Agreement will be held in
Palm Beach County. Florida
16. Site Conditions. AGENCY and ALLIANCE
acknowledges that the worksites were damaged
by Hurricane Wilma and the work will be to
restore those siles to sanitary and safe
environments in accordance with health and
safety standards established by State and
Federal law.
17. Assignment. ALLIANCE shall not assign this
Agreemenl without AGENCY'S prior written
consent.
FEMA Certification: The AGENCY understands Ihat all costs and expenses paid with NEG Program funds
are not eligible for FEMA reimbursement. (Initial & Date)
REMAINDER OF PAGE INTENTIONALLY BLANK
National Emergency Grant Worksite Agreement
Page 4 of 5
IN WIT-NESS WHEREOF, AGENCY and ALLIANCE have caused this Agreement to be duly executed as of
the date set forth below.
Approved By:
Approvea By AGENCY:
tr 7'1 u F B 0'1 V To,,0 I3EA.c/-l-
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WORKFORCE ALLIANCE, INC.
(ALLIANCE)
(AGENCY)
AGENCY FEDERAL 10 NO.:
TELEPHONE/FAX NO.:
Telephone # 7 J./d.. - (p lJ cf ()
BY:
Signed ALLIANCE President/CEO
DATE
BY:
(signature of autho zed agency representative)
DATE; .::2 - 7- (.) ,?
WITNESS:.
/(U;C T Sf? t" 55' ,4/E.~
(Please Print)
Title: C-/T'1 /11 A IV A ,-;,[/t-
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Kathryn Schmidt President/C.~
Printed Name ALLIANCE President/CEO
Name:
DATE
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
ALLEY, MAASS, ROGERS, LINDSAY, P.A.
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
BY: , DATE:
ALLIANCE General Counsel, David H. Baker
ALLIANCE FUNDS AVAILABLE CFO BY: Ken Kaneski
AND
CFDA NUMBER & TITLE: Date
EXHIBIT "A"
JOB DESCRIPTION
(to be agreed upon by AGENCY staff and Alliance from time to time based on AGENCY's needs)
National Emergency Grant Worksite Agreement
Page5 of 5
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JEG TEMPORARY JOB ORDER FORM- Hurricane Wilma, Agency
Jame
Agreement #
Address:
City:
Slate:
Zip;
Contact Person:
Phone:
Fax:
Job Title/Position to be filled:
Please ottach complete jab description or if not available list 0 description of job duties:
Number of Openings:
Education level Required:
Required Software Skills, Certifications. or licenses:
Type of Experience Required:
Safety Equipment Required:
Work Schedule. Days of the week:
Hours each day
From
To
Total Hours Per Week:
Salary: $ per
TOTAL P.12l9