HomeMy WebLinkAboutRES 06-298 RESOLUTION NO. 06-298
WHEREAS, City Council approved Resolution No. 06-058 on February 14, 2006
authorizing the City Manager to execute an agreement with Workforce Centers of
Southeast Texas to provide the City of Beaumont with temporary workers for the purpose
of clean up, restoration and humanitarian efforts made necessary as a direct result of
recovery efforts associated with Hurricane Rita disaster; and,
WHEREAS, The National Emergency Grant (NEG) program has provided a grant
to employ temporary workers to help with Hurricane Rita clean-up, restoration and
humanitarian efforts; and,
WHEREAS, the City wishes to continue the agreement with Workforce Centers of
Southeast Texas:
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Manager is hereby authorized to execute an agreement with Workforce
Centers of Southeast Texas to continue providing the City of Beaumont with temporary
workers for the purpose of clean up, restoration and humanitarian efforts that are
necessary as a direct result of recovery efforts associated with Hurricane Rita disaster.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of
October, 2006.
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11
v - Mayor Guy N. Goodson -
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E TEMPORARY JOBS FOR DISASTER RELIEF
WORKSITE AGREEMENT
Between the
TEXAS WORKFORCE CENTER OF SOUTHEAST TEXAS
And
WORKSITE EMPLOYER
AGENCY WORKSITE WORKFORCE
INFORMATION EMPLOYER CENTER
City of Beaumont Southeast Texas
NAME Workforce Center
8oi Main Street 304 Pearl Street
ADDRESS
Same Same
MAILING ADDRESS
Beaumont TX
77701 Beaumont,TX 77701
CITY STATE ZIP
(409) 880-3777 (4o9) 839-8045
PHONE NUMBER
(409) 880-31o8 (409) 832-2597
FAX NUMBER
Walterine Brown Shari Gage
CONTACT PERSON
Shari.l.gage @setworks.
EMAIL ADDRESS or
WORKSITE EMPLOYER NUMBER OF TEMPORARY g
BUSINESS IS• EMPLOYEES REQUESTED:>
( ) Public Non-Profit
O Private Non-Profit ,A �-
O Governmental :
( )Other
This worksite agreement may begin upon the date of declared disaster and/or date of mandatory
evacuation and can end at any time. The worksite employer agrees to the following terms of this
Agreement and attached Addendum to be funded from the USDOL Employment and Training
Administration Workforce Investment Act (WIA) Title 1 National Emergency Grant (NEG)
covered under Federal Disaster Declaration FEMA.
NEG ooi-i i EXHIBIT "A"
o8/o6(Green
i
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 necessary as a direct result of
recovery efforts associated with the Hurricane disaster and to fill those jobs with eligible
individuals 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 a declared
emergency and/or disaster.
TEXAS WORKFORCE CENTER OF SOUTHEAST TEXAS will contract with American Personnel
& Temps to provide the direct services and will be the employer-of-record for temporary
worksite employees for the National Emergency Grant.
To be in compliance with State and Federal Regulations each parry involved must adhere to the
attached Addendum which lists the terms and conditions and roles and responsibilities.
Agency/Worksite Employers signature attests that you have received, read and agree to the
Addendum to the Worksite Agreement (Worksite Employer, Texas Workforce Center of
Southeast Texas and American Personnel &Temps Roles and Responsibilities).
IN WITNESS THEREOF, the parties hereto having been duly authorized and representing that
they have the power and authority to execute this Agreement and perform the responsibilities
specified herein have made and executed this Agreement on the respective dates under each
signature.
Worksite Employer Name TEXAS WORKFORCE CENTER OF
SOUTHEAST TEXAS
Signature Authority Signature Authority
�I
cd
Typed Name Typed Na
�C7Q�1Yy To
Typed Title Typed Title
` I
Date Date
NEG ooi-i 2 Signed Copy for Worksite Employer
Revised: 08/06(Green) Signed Copy for Workforce Center
Addendum to Temporary Jobs for Disaster Relief
Worksite Agreement
NATIONAL EMERGENCY GRANT (NEG)
Program Overview
Program Overview:
This NEG program shall consist of temporary work, wherein the participant referred by
Workforce Centers of Southeast Texas to the Worksite Employer is given job functions to perform
under the guidance and supervision of the Worksite Employer in accordance with the job
description attached hereto. It is understood by Workforce Centers of Southeast Texas and the
Worksite Employer that no legal employer-employee relationship is created or exists between the
Worksite Employer and the participant. In agreeing to provide direction and supervision of the
participant, the Worksite Employer understands that this does not make Workforce Centers of
Southeast Texas or its designee liable to the Worksite Employer or any third party by reason of
any future act or failure to act by any participant on or off the job.
Limitations on iDarticiDation
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Recruitment and Selection
Recruitment and eligibility determinations will be the responsibility of Workforce Centers of
Southeast Texas. Individuals determined to be eligible for this program will be referred to the
Worksite by Workforce Centers of Southeast Texas.
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.
Changes to the Agreement
There shall be no modification or amendment of this Agreement,except in writing,executed with
the same formalities as this instrument. Requests for interpretations of the Agreement provisions
shall be directed to the Workforce Centers of Southeast Texas and must be in writing.
No interpretations shall be official or binding upon the Worksite Employer unless it is received in
written form.
Form:NEG 001-a-2 Addendum(Green) 1 Original-Employer
SETWDB Copy-V,FC
10/05 (Revised 08/06)
Termination
` This Agreement may be terminated as follows:
A. Workforce Centers of Southeast Texas or the Worksite Employer may terminate the
Agreement for convenience upon ten-(1o)calendar day prior written notice to the other
party.
B. Workforce Centers of Southeast Texas may terminate this Agreement in whole or in
part at any time that the Workforce Center of Southeast Texas Director, in his or her
sole judgment,determines that:
1) The Worksite Employer has failed to comply with any of the provisions contained
in this Agreement or any Amendment hereto;
2) the Worksite Employer 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 Workforce Centers of
Southeast Texas;or
3) The United States Department of Labor or State of Texas fails to provide adequate
funds, reduces, eliminates or otherwise terminates the program under which this
Agreement is written.
Notice
Other than as provided herein, notice shall be required to be given to Workforce Centers of
Southeast Texas under this Agreement, and shall be sufficient when hand delivered or mailed to
the Workforce Center of Southeast Texas at its office at 304 Pearl Street,Beaumont,Texas 77703.
All notices required to be given to the Worksite Employer under this Agreement shall be sufficient
when hand delivered or mailed to the Worksite Employer at its office located at the address
identified in paragraph one,page one of the Agreement.
Controlling Laws
This agreement and the provisions contained herein shall be construed, controlled and
interpreted according to the laws of the State of Texas.
Involved Entities
A. Workforce Centers of Southeast Texas(Beaumont,Port Arthur,Orange and Silsbee Sites)
B. Employers
C. Employees
D. Employer of Record
Responsibilities of the Workforce Centers of Southeast Texas
Accepts and agrees that it shall:
A. Assist the job site supervisor in resolving any problems concerning the
participants' performance on the job by responding to the Worksite
Employer's notice.
B. Hear all grievances concerning program participant's performance at the
job site.
C. Provide counseling and supportive services to participants as the need is
identified.
Monitoring
The Worksite Employer shall allow Workforce Centers of Southeast Texas, the Governor of the
State of Texas,or any of its agents and/or subcontractors,and the US Department of Labor(DOL)
to visit the Worksite Employer's work sites, monitor the program, report problems, require
corrective action within specified time periods or remove participants from work sites without
prior notice other than a written notification to be delivered to the Worksite Employer at the time
of the removal. This action may be taken when Workforce Centers of Southeast Texas, the
Governor of the State of Texas, or DOL finds serious or continual violations of rules or laws,
where violations are not being remedied, or where Workforce Centers, the Governor of the State
of Texas or DOL find noncompliance on any of the terms or conditions under this Agreement.
Form:NEG 001-a-2 Addendum(Green) 2 Original-Employer
SETWDB Copy-WFC
10/05 (Revised 08/06)
Responsibilities of the Employ
` The Worksite Employer accepts and agrees that it shall:
A. Direct and supervise participants work activities in accordance with their job
description(s), 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 work site supervisors for
each of the Worksite Employer's work sites so as to provide for continuous on-site
supervision of participants.
C. Assign worthwhile and meaningful work to participants during the entire time they are at
the worksite.
D. Require participants' conformance with the Worksite Employer'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 Worksite Employer's
responsibilities and obligations under this Agreement.
F. Notify Workforce Centers of Southeast Texas immediately of any temporary and/or
ongoing changes in the designation of personnel who will be supervising the
participant(s).
G. Be accountable for maintaining 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 submitting these timesheets to the Workforce Center representative as
instructed.
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 out
of doors to ensure that alternative tasks can be performed inside during inclement
weather.
L. Inform Workforce Centers of Southeast Texas and Employer of Record immediately
should an accident or injuries occur at the job site affecting or involving a participant and
require the participant to complete a first report of injury form.
M. Notify Workforce Centers of Southeast Texas by telephone of any problem or concern
regarding a participant's performance at a work site 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(s); and
3) There shall be no infringement of promotional opportunities for regular
employees.
Q. Not subcontract, assign or transfer any rights or responsibilities under this agreement or
any portion thereof without the prior written approval of Workforce Centers of Southeast
Texas.
Form:NEG 001-a-2 Addendum(Green) 3 Original-Employer
SETWDB Copy-WFC
10/05 (Revised 08/06)
R. Implement administrative controls to ensure that costs for wages and other costs that the
Workforce Centers of Southeast Texas 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, time and attendance sheets, supervisor
assignments,this Agreement,etc.
T. Immediately advise Workforce Centers of Southeast Texas in writing of any actions, suits,
claims or grievances filed against the Worksite Employer,Workforce Centers of Southeast
Texas, State of Texas, federal officials or participants that in any way relates to this
Agreement.
U. Worksite Employer must determine and ensure that all temporary workers at all
worksites are only performing disaster-related work activities. The Worksite Employer
shall notify Workforce Centers of Southeast Texas of any changes to the required work
hours,job description, and/or if the disaster recovery work has been completed and the
job needs to be ended.
V. Prohibited Activities
Sectarian Activities: The Worksite Employer 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.
Collective Bargaining 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.
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.
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.
Form:NEG 001-a-2 Addendum(Green) 4 Original-Employer
SETWDB Copy-WFC
10/05 (Revised 08/06)