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1602 - Workforce Central Floridaz: �R r� =1871 7�`9 CN M OFFICE OF HUMAN RESOURCES AND RISK MANAGEMENT: TRANSMITTAL MEMORANDUM ` P To: City Clerk RE: Request for Services The item(s) noted below is /are attached and forwarded to your office for the following action(s): Development Order Final Plat (original mylars) Letter of Credit Maintenance Bond Ordinance Performance Bond Resolution Once completed, please: ❑ Return original ❑ Return copy ❑ Mayor's signature ❑ Recording ❑ Rendering FZV Safe keeping (Vault) In Record Custodian Special Instruction/is: OAV4 Ltd Pia, ,Y Please advise if you have any questions regarding the above. Thank y ul From T:\Dept_forms \City Clerk Transmittal Memo - 2009.doc e- -6-7< Date !iL OO WORKFORCE CENTRAL FLORIDA EMPLOYER WORKSITE AGREEMENT #: WORKFORCE CENTRAL FLORIDA (WCF) as the Regional Workforce Development Board and Company /Business Name: City of Sanford, Florida dba: (ifapplicable) Location: (Address, city, state, zip code) 300 N. Park Ave. 32771 hereinafter called the Host Worksite; agree to the following terms of this Agreement. Z. Program Overview WCF is a Florida not - for - profit corporation that serves as one of 24 regional workforce boards in Florida. WCF serves Region 12, which covers Lake, Orange, Osceola, Seminole and Sumter counties. Using federal funds allocated by the state of Florida, WCF administers paid work experience internship programs (collectively, the "Programs ") in which a participant referred by WCF to the Host Worksite (a "Participant ") is introduced to age - appropriate work activities including the rigors, demands, rewards and sanctions associated with holding a job. In connection with the operation of its Programs, WCF may retain one or more companies to provide payroll administration, human resources services, employee leasing, employer of record or similar services (collectively, "HR Contractors "). Among other things, WCF may delegate some or all of its responsibilities under the Programs or under this Agreement to an HR Contractor. Host Worksite will fully cooperate with any and all HR Contractors identified by WCF and will, at WCF's request, coordinate its responsibilities and activities under this Agreement with such HR Contractors. Under Host Worksite's guidance and day - today supervision and in accordance with the job description attached hereto, Host Worksite will provide Participants with a bona fide, meaningful work experience that will help them receive the training and experience necessary to succeed in their jobs. 2. Term of Agreement This work site agreement will begin on July 1, 2013, and end no later than June 30, 2014. No Participant may begin work until this Agreement is fully executed by both the Host Worksite and WCF. This Agreement will supersede and replace any prior contract or agreement between the parties regarding the Programs. 3. Work Experience Internship Program Periods and Limitations Host Worksite acknowledges and agrees that Participants will be subject to the following limitations: Work Experience Internship Program Max. # Work Hours Max. # of Weeks ® Re- Employment Connection (REC) 40 12 ® Youth Work Experience Program (YWP) 40 16 ® Science, Technology, Engineering, Math (STEM) 40 a 4. Responsibilities of Host Worksite Host Worksite agrees that it will: A. Make available suitable job(s) at its work site(s) and in the respective occupation(s) described in the attached job description(s) for all Participants. B. Notify WCF (and, if applicable, the HR Contractor) immediately if any Participant would be directly supervised by a member of that person's immediate family. C. Assign worthwhile and meaningful work to Participants during the entire time they are at the work site in accordance with the approved job description(s). Duties not listed in the co CD N attached approved job descriptions) must be times, displaying positive work habits, predetermined and mutually agreed upon by maintaining safe working conditions, and the Host Worksite and WCF. appropriate behavior and attire. D. Direct and supervise Participants' work 0. Inform WCF (and, if applicable, the HR activities and training in accordance with their Contractor) immediately if an accident or injury job description(s) and training plans. occurs at the job site affecting or involving a E. Assure that It will have supervisory personnel Participant, and require the Participant to who will act as work site supervisors at each complete an appropriate incident report form. work site to provide for continuous on -site P. Notify WCF (and, if applicable, the HR supervision and training of Participants at a Contractor) by telephone of any problem or ratio of Participant(s) to staff of no more than concern regarding a Participant's performance 5:1. at a work site as soon as possible, but at least F. Not entrust any Participant with unsupervised within 24 hours after the problem is identified. care, custody or control of financial property Q. Not discriminate against any Participant or including cash, checks, accounts, ledgers, potential Participant because of race, color, balance sheets, reconciliations or payroll religion, sex, national origin, age, disability, deposits. (Host Worksite confirms that it alone political affiliation or belief, creed or marital controls the work site environment at its status. business office, and it acknowledges full R. Ensure that Participants receive fair and responsibility for implementing internal controls impartial treatment and that they not be and procedures to prevent misuse of financial subjected to harassment of any kind. documents and property.) S. Ensure that the following general working G. Not instruct or allow any Participant to drive an conditions are complied with: automobile for any reason for business 1) this work experience position(s) will purposes. result in an increase in the Host H. Orient and train its work site supervisory Worksite's level of employment and personnel including any alternate staff directly under no circumstances will it result in responsible for supervision of Participants. the displacement of current employees I. Notify WCF (and, if applicable, the HR or freezing the hiring of new employees Contractor) immediately of any temporary in anticipation of any Participant; and /or ongoing changes in the designation of 2) there will be no displacement or partial personnel who will be supervising the displacement (reduction of hours participant(s). worked, wages or employment benefits) J. Be accountable for maintaining Participants' of currently employed workers nor time sheets including supervising their proper replacement of laid -off workers by any completion and approving Participants' time Participant; sheets if all prior requirements are met, and 3) there will be no infringement of timely submitting timesheets in accordance promotional opportunities for regular with WCF's payroll procedures (and, if employees; and applicable, the HR Contractor's). 4) Participants must receive comparable K. Require Participants' conformance with Host working conditions and non - payroll Worksite's personnel rules of conduct such as benefits such as rest breaks, lunch, etc. dress code, parking, etc. as other current employees. L. Ensure that all sites where Participants will be T. Ensure that Participants will not be employed in assigned are sanitary and safe environments in the building, operating, or maintaining of any accordance with health and safety standards part of any building used for sectarian established by state and federal law. e instruction or as a place of worship. M. Ensure that ail required safety supplies and U. Ensure that this Agreement will not impair U equipment are used in the proper manner for existing contracts for services or a collective their intended use and in accordance with all bargaining agreement between Host Worksite laws, including child labor laws where and other parties; nor will this agreement applicable. assist, promote or deter union organization. N. Conform to normal routines and functions of a V. Ensure that no Participant will assist with commercially reasonable business political or lobbying activities or any activity establishment, including, but not limited to, designed to influence legislation or appropriate supervision on the premises at all appropriation pending before the Congress of the United States. W. Not subcontract, assign or transfer any rights or responsibilities under this Agreement or any portion thereof without the prior written approval of WCF in its sole discretion. Any transfer or disposition (whether voluntarily, by law or otherwise) of ownership of or a controlling interest in Host Worksite will be deemed an assignment or transfer for purposes of this paragraph. X. Implement administrative controls to ensure that costs for wages and other costs for which WCF is responsible for paying are not being paid by other federal, state, or local programs to avoid duplication of funding. Y. Maintain all records and files pertaining to the operation of this Agreement (including any amendments, extensions or renewals) for three years after termination or expiration of this Agreement. Records and files must include, but not be limited to, time and attendance sheets, supervisor assignments, this Agreement, etc. Z. Monitor to ensure that all Participants at all work sites are only performing work activities identified in the attached job description and that Host Worksite is complying with this Agreement. Host Worksite will notify WCF (and, if applicable, the HR Contractor) of any changes to its work site address or required work hours, job description, training plans or if the work has been completed and the job needs to end. AA. Immediately advise WCF (and, if applicable, the HR Contractor) in writing of any actions, suits, claims or grievances filed against Host Worksite, WCF, HR Contractor(s), state of Florida, federal agencies or departments (or officials or employees of any of the foregoing) or against any Participants that in any way relates to the Program or this Agreement. BB, Allow WCF, the governor of the state of Florida, or any of their respective representatives, agents or subcontractors (including, but not limited to, any HR Contractor), and the U.S. Department of Labor ( "DOL ") access to the Host Worksite's work site(s) at all reasonable hours for all reasonable purposes such as monitoring the Program, counseling Participants, etc. CC. Comply with all applicable employment and labor laws. DD. Maintain the confidentiality of any information regarding Participants or their immediate families obtained from forms, discussions or other source. Without written consent of the 3 Participant, such information shall be divulged only as necessary for purposes related to the performance of this Agreement. EE. Host Worksite will consider all Participants for any unsubsidized job openings that may occur with the Host Worksite if Participants meet the necessary qualifications for the job. 5. Responsibilities of WCF WCF (and, if applicable, it's HR Contractor[s]) will: A. Recruit, select and refer Participants) eligible for this Program to the Host Worksite. B. Assist the job site supervisor in resolving any problems concerning Participants' job performance. C. Hear all grievances concerning Participants' performance at the work site in accordance with WCF's Participant grievance procedures. D. Provide counseling and supportive services to Participants as the need is identified and budget allows. E. Be responsible for distributing Participant paychecks subject to Host Worksite's timely submission of properly completed and signed timesheets. F. Be responsible for employing all Participants and paying them for all actual hours worked. (Note: 1. No fringe benefits or holiday pay are provided to Participants; and 2. Workers' Compensation benefits are provided by the state of Florida.) G. Observe activities under this Agreement at the work site(s) at reasonable hours and as frequently as the authorized representatives of WCF may deem necessary to assure the work experience is constructive for Participant(s) and that Host Worksite is complying with the terms of this Agreement. (WCF may require corrective action within specified time periods or remove Participants from work sites upon written notification delivered to Host Worksite at the time of their removal. Such action may be taken when WCF, the governor of the state of Florida or DOL finds serious or continual violations of rules or laws, where violations are not being remedied, or where WCF, the Florida governor or DOL find noncompliance with any of the terms or conditions under this Agreement.) 6. Background Checks WCF reserves the right (but not the obligation) to conduct background checks on Participants or prospective Participants, which WCF may conduct itself or through one or more contractors or vendors Worksite or any of its employees, agents or (including the HR Contractor and /or Its subcontractors representatives. or vendors) (all of the foregoing are collectively called the "WCF Parties "). If WCF conducts any such check or causes it to be conducted, it will, subject to applicable 8. Hold Harmless law and its having obtained an appropriate consent or release from the Participant, endeavors to share the A. Without waiving its sovereign immunity, and if results thereof with Host Worksite. In addition, WCF or and to the extent allowed by law, each party WCF Party may consult with Host Worksite regarding the shall indemnify and hold harmless each other, scope or findings of any such check. its officers, officials, and employees from and against all claims and liabilities of any nature or However, Host Worksite acknowledges and agrees that: kind, including costs and expenses for or on account of any claims, damages, losses, or A. any background information provided to Host expenses of any character whatsoever resulting Worksite by WCF or a WCF Party is provided in whole or in part from the negligent strictly as a courtesy on an AS -IS, WHERE -IS, performance or omission of either party's basis and is not represented, warranted or employees or representatives connected with guaranteed regarding its accuracy, the activities described herein. thoroughness, applicability or fitness for any particular use, and any and all such B. In agreeing to provide direction, training and representations, warranties or guaranties are supervision of the participant, the Agency hereby disclaimed; understands that this does not make WCF or its B. if Host Worksite is concerned about the designee liable to the Agency or any third party background of any Participant, it is encouraged by reason of any future act or failure to act by (subject to applicable law) to conduct its own any participant on or off the job. background check; C. regardless of whatever information WCF or any 9. Termination WCF Party might provide Host Worksite regarding a Participant or any discussions or This Agreement may be terminated as follows: consultations that may occur regarding a Participant, Host Worksite is the ultimate A. WCF or the Host Worksite may terminate the decision maker whether any Participant will be Agreement for convenience upon at least 30 accepted at any work site as well as the job days' written notice to the other party. duties that will be assigned to a particular B. WCF may terminate this Agreement in whole or Participant and the level of supervision that will in part at any time that the WCF President and be appropriate for such Participant; CEO or Chief Operating Officer, in his /her sole D. neither WCF nor any WCF Party makes any judgment, determines that: express or implied warranties, representations, or promises regarding the experience, fitness, 1) Host Worksite has failed to comply with honesty, or reliability of any particular any provision in this Agreement; Participant, and Host Worksite agrees to accept 2) Host Worksite fails to perform in whole the risk that a Participant may commit an act of or in part under this Agreement or fails wrongdoing while working at Host Worksite's to take corrective action after receiving business resulting in loss, damage or injury; oral or written requests to do so within and E. Host Worksite waives, releases, indemnifies an appropriate time period as may be and defends WCF, the WCF Parties (and their stipulated by WCF; or respective agents, employees, representatives 3) DOL or the state of Florida fails to and attorneys) from and against any claim, provide adequate funds, reduces, judgment, proceeding, loss, damage, cost or eliminates or otherwise terminates the expense arising out of or related to any program under which this Agreement is background information about a Participant written. provided (or not provided, as the case may be) to Host Worksite or any act or omission on the part of any Participant (whether negligent or Any term or provision of this Agreement under which a willful, whether lawful or otherwise) at any work party hereto (i) owes money to the other that remains site or while otherwise under the actual or unpaid, or (ii) is obligated to indemnify the other will constructive supervision or direction of Host 4 survive the expiration or sooner termination of this Agreement. 10. Notice Other than as provided herein, any notice to WCF must be in writing and will be hand delivered or mailed to WCF at its office at 707 Mendham Boulevard, Ste. 250, Orlando FL 32825, Attn: Business Services Manager. All notices required to be given to the Host Worksite under this Agreement will be sufficient when hand delivered or mailed to the Host Worksite at its office located at the address identified in paragraph one, page one of this Agreement. 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. HOST WORKSITE ATATCHED CITY SIGNATURE PAGE Signature PrMled/ryped Name Printed/Typed True Date Company Nama Federal ID # Contact Name Plan # FAX # E•mall Address WORKFORCE CENTRAL FLORIDA silinature Kevin R. Neal Printed/Typed Name Chief Operating Officer Printed /Typed Me Date ❑ 17.259 Youth ❑ 17.258 Adult ❑ 17.260 Dislocated Worker ❑ 93.558 TANF CFDA #'s ATTEST. JANET DOZERT CITY CLERK APPROVED AS TOf0f"R% atflrE.E ITY: W. L. COLBERT, CITY ATTORNEY CITY OF SANFORD