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HomeMy WebLinkAboutExhibit Agreementsouth florida CT Employ Florida 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 (date) and end on June 30, 2006. SER-Jobs for Progress/South Florida Workforce (hereinafter referred to as "SER") and the City of Miami, a Florida municipal corporation, whose address is (hereinafter referred to as the "CITY"), 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 (WIA) 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 is to identify and establish temporary jobs to assist in the clean-up 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. Program Overview: The NEG Program shall consist of temporary work, wherein a Participant referred by SER to the CITY is given job functions to perform under the direction and general supervision of the CITY in accordance with the job description attached hereto as Exhibit "A". It is understood by SER and the CITY that no legal employer -employee relationship is created or exists between the CITY and the Participant. 2. Limitations on participation The CITY understands and agrees that no Participant shall begin work until this Agreement is executed by both the CITY and SER and CITY has satisfied its obligations under Sections 7(F) and (G) hereof. 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; Priority. Eligible Worksites under this Agreement shall be CITY owned facilities and parks. As determined by SER, SER will prioritize worksites for temporary jobs such that the highest priority is for public facilities, which have been most severely damaged. As determined by SER, 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 conditions as determined by SER and in accordance with NEG Program requirements are met and will be looked at by SER on a case -by -case basis and approved in writing by SER. Work on private property shall not be a priority unless it is necessary to restore National Emergency Grant Worksite Agreement Page 1 of 7 %) %fry public services or there is a clear safety hazard as determined by SER to the larger community. 4. Recruitment and Selection Recruitment and eligibility determinations will be the responsibility of SER. Individuals determined to be eligible for the NEG Program will be referred to a worksite by SER. Notwithstanding anything in the foregoing to the contrary, the CITY shall have the right to reject an individual if the CITY deems the person to be inappropriate for a particular job or jobsite. Furthermore, the CITY retains the right to dismiss an individual and refuse to allow that individual to return to the CITY due to the individual's conduct or misconduct. 5. Independent Contractor As to the CITY, 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 CITY. Additionally, the Participant shall not, in connection with this Agreement or the performance of services and functions 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. Responsibilities of CITY The following are the responsibilities of the CITY, The CITY accepts and agrees that it shall: A. direct and supervise Participants work activities at CITY worksites in accordance with their job description(s). B. assign work to Participants during the entire time they are at the worksite. C. require Participants' conformance with the CITY's Personnel Rules of Conduct. D. orient and train its work site Supervisory personnel including any alternate staff directly responsible for the supervision of Participants as to the CITY's responsibilities and obligations under this Agreement. E. be accountable for maintaining CITY 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 the employer of record on a weekly basis at (PHONE #) 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 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. inform the employer of record immediately via telephone at (PHONE #), followed up within twenty four (24) hours in writing via facsimile at (FAX #) 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. J. notify SER 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. 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 CITY 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. N. not subcontract, assign or transfer any rights or responsibilities under this Agreement or any portion thereof without the prior written approval of SER. O. implement administrative controls to ensure that costs for wages and other costs that CITY is responsible for paying are not being paid by other federal, state or local programs National Emergency Grant Worksite Agreement Page 2 of 7 to eliminate the possibility of a duplication of funding. P. 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. CITY is required to maintain written documentation evidencing each Participant's eligibility in the Participants permanent file. In the event such documentation is determined not to be in the Participant's permanent file, SER 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 Q. will immediately advise SER in writing of any actions, suits, claims or grievances filed against the CITY, SER, State of Florida, federal officials or Participants that in any way relates to this Agreement. 7. Responsibilities of SER SER or its designee/subcontractor, accepts and agrees that it shall: A. assist the CITY job site supervisor in resolving any problems concerning the Participants' performance on the job by responding to the CITY'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 CITY'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. 8. AGENCY Monitoring and Reporting CITY must determine and ensure that all participants at all worksites are only performing disaster -related work activities. The CITY shall notify the SER President/CEO immediately via telephone at (305) 871-2820, followed up within twenty four (24) hours in writing via facsimile at (305)871-5643 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. 9. Monitoring The CITY shall allow SER, South Florida Workforce, 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 CITY'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 CITY at the time of the removal. This action may be taken when SER 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 SER, 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 CITY 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 CITY assures that this Agreement will not impair existing contracts for services or collective bargaining agreement between the CITY and other parties, nor will this agreement assist, promote or deter union organ ization. C. Lobbying And Political Activities: The CITY assures that this Agreement shall 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. D. Relocation: Neither the execution nor performance of the Agreement shall assist in, support or otherwise contribute to the relocation of the Worksite Employer's business. 11. Insurance See Exhibit "A" 12. Indemnification and Hold Harmless Without waiving its sovereign immunity, and if and to the extent of the limitations included within Florida Statutes, Section 768.28, each party shall indemnify and hold harmless each other, its officers, officials, and employees from and against National Emergency Grant Worksite Agreement Page 3 of 7 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. 13. Changes to the Agreement There shall be no modification or amendment of this Agreement, except in writing, executed by both the CITY and SER. 14. Termination This Agreement may be terminated as follows: A. SER or the CITY may terminate this Agreement for convenience upon seven (7) calendar days prior written notice to the other party. B. SER may terminate this Agreement in whole or in part at any time that the SER President/CEO, in her sole discretion, determines that: 1) the CITY has failed to comply with any of the provisions contained in this Agreement or any Amendment hereto; 2) the CITY 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 SER; or 3) the U. S. D.O. L. or State of Honda as determined by SER fails to provide adequate funds, reduces, eliminates or otherwise terminates the program under which this Agreement is written. C. the CITY may terminate this Agreement in whole or in part at any time that the SER determines that the CITY has failed to comply with any of the provisions contained in this Agreement or any Amendment hereto. 15. 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 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 personally 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. 16. Controlling 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 Miami -Dade County, Florida 17. Site Conditions The CITY and SER acknowledges that the worksites were significantly damaged by Hurricane WILMA and the work will be to restore those sites to sanitary and safe environments in accordance with health and safety standards established by State and Federal law. 18. Assignment SER shall not assign this Agreement without CITY's prior written consent. FEMA Certification: The CITY understands that 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 7 IN WITNESS WHEREOF, CITY and SER have caused this Agreement to be duly executed as of the date set forth below. Approved By: SER-Jobs for Progress, Inc. (SER) BY: Signed SER President/CEO Jose L. Cela, President Printed Name SER President/CEO WITNESS: ATTEST: DATE DATE APPROVED AS TO FORM AND LEGAL SUFFICIENCY ALLEY, MAASS, ROGERS, LINDSAY, P.A BY: DATE: SER General Counsel, (NAME) SER FUNDS AVAILABLE AND CFDA NUMBER & TITLE: APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Date BY: DATE: SER CFO, (NAME) ATTEST: Priscilla A. Thompson City Clerk National Emergency Grant Worksite Agreement Page 5 of 7 CITY OF MIAMI, a municipal Corporation of the State of Florida By: Joe Arriola City Manager CITY FEDERAL ID NO.: APPROVED AS TO APPROVED AS TO FORM AND INSURANCE REQUIREMENTS: CORRECTNESS: Dania F. Carrillo, Administrator Jorge L. Fernandez Risk Management City Attorney National Emergency Grant Worksite Agreement Page 6 of 7 EXHIBIT "A" JOB DESCRIPTION (to be agreed upon by CITY staff and SER from time to time based on CITY's needs) National Emergency Grant Worksite Agreement Page 7 of 7