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1668 Career Source Central Florida r1_ `4:[' ICI`I 01k1) k"N —1877= f"w OFFICE OF HUMAN RESOURCES AND RISK MANAGEMENT TRANSMITTAL MEMORANDUM 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): n Development Order ❑ Mayor's signature ❑ Final Plat (original mylars) ❑ Recording • Letter of Credit ❑ ndering El Maintenance Bond Safe keeping (Vault) ❑ Ordinance ❑ Record Custodian ❑ Performance Bond ❑ Resolution Once completed,please: ❑ Return original n Return copy El Special Instructions: dhz 4-Ai,„ &g,,u,,,t.s ),c,„„t l�J nvec Sou ice}- A)lif #2,6 yi� .90(14n,c) - Please advise if you have any questions regarding the above. Th you! 44) -2'20)) From Date T:\Dept_forms\City Clerk Transmittal Memo-2009.doc bCereerSource EMPLOYER WORKSITE AGREEMENT CENTRAL FLORIDA WIA Work Experience Program-Governmental AGREEMENT#: PY 14-15-00197 Central Florida Regional Workforce Development Board d/b/a CareerSource Central Florida (CSCF) as the Regional Workforce Development Board and Company/Business Name: City of Sanford d/b/a: (if applicable) N/A Location: 300 North Park Avenue, Sanford, FL 32771 , hereinafter called the Host Worksite; agree to the following terms of this Agreement. 1. Program Overview 2. Term of Agreement CSCF is a Florida not-for-profit corporation that This work site agreement will begin on July 14, serves as one of 24 regional workforce boards in 2014, and end no later than June 30, 2015. Florida. CSCF serves Region 12, which covers Lake, Orange, Osceola, Seminole and Sumter counties. No Participant may begin work until this Agreement is Using federal funds allocated by the state of Florida, fully executed by both the Host Worksite and CSCF. CSCF administers paid work experience internship This Agreement will supersede and replace any prior programs (collectively, the "Programs") in which a contract or agreement between the parties regarding participant referred by CSCF to the Host Worksite (a the Programs. "Participant") is introduced to age-appropriate work activities including the rigors, demands, rewards and 3. Work Experience Internship Program Periods sanctions associated with holding a job. and Limitations In connection with the operation of its Programs, Host Worksite acknowledges and agrees that CSCF may retain one or more companies to provide Participants will be subject to the following limitations: payroll administration, human resources services, employee leasing, employer of record or similar services (collectively, "HR Contractors"). Among Max. # Max. # other things, CSCF may delegate some or all of its Work Experience Internship Work of responsibilities under the Programs or under this Program Hours Weeks Agreement to an HR Contractor. Host Worksite will fully cooperate with any and all HR Contractors ® WIA-Adult, Dislocated Worker 40 12 identified by CSCF and will, at CSCF's request, E H1 B-UCF/CSCF Partnership 40 12 coordinate its responsibilities and activities under this Agreement with such HR Contractors. 4. Responsibilities of Host Worksite Under Host Worksite's guidance and day-to-day supervision and in accordance with the job Host Worksite agrees that it will: description attached hereto, Host Worksite will provide Participants with a bona fide, meaningful A. Make available suitable job(s) at its work work experience that will help them receive the site(s) and in the respective occupation(s) training and experience necessary to succeed in their described in the job description(s) for all jobs. Participants. B. Notify CSCF (and, if applicable, the HR Contractor) immediately if any Participant would be directly supervised by a member of that person's immediate family. CareerSource Central Florida offers equal opportunity programs.Auxiliary aids and services are available upon request to individuals with disabilities.TTY:407 805-8023 rdeoP E11APldlf FLORIDA 1 C. Assign worthwhile and meaningful work to M. Ensure that all required safety supplies and Participants during the entire time they are at equipment are used in the proper manner for the work site in accordance with the their intended use and in accordance with all approved job description(s). Duties not listed laws, including child labor laws where in the attached approved job description(s) applicable. must be predetermined and mutually agreed N. Conform to normal routines and functions of upon by the Host Worksite and CSCF. a commercially reasonable business D. Direct and supervise Participants' work establishment, including, but not limited to, activities and training in accordance with their appropriate supervision on the premises at job description(s)and training plans. all times, displaying positive work habits, E. Assure that it will have supervisory personnel maintaining safe working conditions, and who will act as work site supervisors at each appropriate behavior and attire. work site to provide for continuous on-site O. Inform CSCF (and, if applicable, the HR supervision and training of Participants at a Contractor) immediately if an accident or ratio of Participant(s) to staff of no more than injury occurs at the job site affecting or 5:1. involving a Participant, and require the F. Not entrust any Participant with unsupervised Participant to complete an appropriate care, custody or control of financial property incident report form. including cash, checks, accounts, ledgers, P. Notify CSCF (and, if applicable, the HR balance sheets, reconciliations or payroll Contractor) by telephone of any problem or deposits. (Host Worksite confirms that it concern regarding a Participant's alone controls the work site environment at performance at a work site as soon as its business office, and it acknowledges full possible, but at least within 24 hours after the responsibility for implementing internal problem is identified. controls and procedures to prevent misuse of Q. Not discriminate against any Participant or financial documents and property.) potential Participant because of race, color, G. Not instruct or allow any Participant to drive religion, sex, national origin, age, disability, an automobile for any reason for business political affiliation or belief, creed or marital purposes. status. H. Orient and train its work site supervisory R. Ensure that Participants receive fair and personnel including any alternate staff impartial treatment and that they not be directly responsible for supervision of subjected to harassment of any kind. Participants. S. Ensure that the following general working I. Notify CSCF (and, if applicable, the HR conditions are complied with: Contractor) immediately of any temporary 1) this work experience position(s) will and/or ongoing changes in the designation of result in an increase in the Host personnel who will be supervising the Worksite's level of employment and participant(s). under no circumstances will it result in J. Be accountable for maintaining Participants' the displacement of current time sheets including supervising their proper employees or freezing the hiring of completion and approving Participants' time new employees in anticipation of any sheets if all prior requirements are met, and Participant; timely submitting timesheets in accordance 2) there will be no displacement or with CSCF's payroll procedures (and, if partial displacement (reduction of applicable, the HR Contractor's). hours worked, wages or employment K. Require Participants' conformance with Host benefits) of currently employed Worksite's personnel rules of conduct such workers nor replacement of laid-off as dress code, parking, etc. workers by any Participant; L. Ensure that all sites where Participants will 3) there will be no infringement of be assigned are sanitary and safe promotional opportunities for regular environments in accordance with health and employees; and safety standards established by state and 4) Participants must receive comparable federal law. working conditions and non-payroll CareerSource Central Florida offers equal opportunity programs.Auxiliary aids and services are available upon request to individuals with disabilities.TTY:407 8058023 DAenCei FLORIDA 2 benefits such as rest breaks, lunch, Florida, federal agencies or departments (or etc. as other current employees. officials or employees of any of the T. Ensure that Participants will not be employed foregoing) or against any Participants that in in the building, operating, or maintaining of any way relates to the Program or this any part of any building used for sectarian Agreement. instruction or as a place of worship. BB.Allow CSCF, the governor of the state of U. Ensure that this Agreement will not impair Florida, or any of their respective existing contracts for services or a collective representatives, agents or subcontractors bargaining agreement between Host (including, but not limited to, any HR Worksite and other parties; nor will this Contractor), and the U.S. Department of agreement assist, promote or deter union Labor ("DOL") access to the Host Worksite's organization. work site(s) at all reasonable hours for all V. Ensure that no Participant will assist with reasonable purposes such as monitoring the political or lobbying activities or any activity Program, counseling Participants, etc. designed to influence legislation or CC.Comply with all applicable employment and appropriation pending before the Congress of labor laws. the United States. DD.Maintain the confidentiality of any information W. Not subcontract, assign or transfer any rights regarding Participants or their immediate or responsibilities under this Agreement or families obtained from forms, discussions or any portion thereof without the prior written other source. Without written consent of the approval of CSCF in its sole discretion. Any Participant, such information shall be transfer or disposition (whether voluntarily, by divulged only as necessary for purposes law or otherwise) of ownership of or a related to the performance of this Agreement. controlling interest in Host Worksite will be EE. Host Worksite will consider all Participants deemed an assignment or transfer for for any unsubsidized job openings that may purposes of this paragraph. occur with the Host Worksite if Participants X. Implement administrative controls to ensure meet the necessary qualifications for the job. that costs for wages and other costs for which CSCF is responsible for paying are not 5. Responsibilities of CSCF being paid by other federal, state, or local programs to avoid duplication of funding. CSCF (and, if applicable, it's HR Contractor[s])will: 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 CSCF (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 CSCF (and, if applicable, the HR Contractor) in writing of any actions, suits, claims or grievances filed against Host Worksite, CSCF, HR Contractor(s), state of CareerSource Central Florida offers equal opportunity programs.Auxiliary aids and services are available upon request to individuals with disabilities.TTY:407 805-8023 whor nCRIQA 3 A. Recruit, select and refer Participant(s) thereof with Host Worksite. In addition, CSCF or eligible for this Program to the Host Worksite. CSCF Party may consult with Host Worksite B. Assist the job site supervisor in resolving any regarding the scope or findings of any such check. problems concerning Participants' job performance. However, Host Worksite acknowledges and agrees C. Hear all grievances concerning Participants' that: performance at the work site in accordance with CSCF's Participant grievance A. any background information provided to Host procedures. Worksite by CSCF or a CSCF Party is D. Provide counseling and supportive services provided strictly as a courtesy on an AS-IS, to Participants as the need is identified and WHERE-IS, basis and is not represented, budget allows. warranted or guaranteed regarding its E. Be responsible for distributing Participant accuracy, thoroughness, applicability or paychecks subject to Host Worksite's timely fitness for any particular use, and any and all submission of properly completed and signed such representations, warranties or timesheets. guaranties are hereby disclaimed; F. Be responsible for employing all Participants B. if Host Worksite is concerned about the and paying them for all actual hours worked. background of any Participant, it is (Note: 1. No fringe benefits or holiday pay encouraged (subject to applicable law) to are provided to Participants; and 2. Workers' conduct its own background check; Compensation benefits are provided by the C. regardless of whatever information CSCF or state of Florida.) any CSCF Party might provide Host Worksite G. Observe activities under this Agreement at regarding a Participant or any discussions or the work site(s) at reasonable hours and as consultations that may occur regarding a frequently as the authorized representatives Participant, Host Worksite is the ultimate of CSCF may deem necessary to assure the decision maker whether any Participant will work experience is constructive for be accepted at any work site as well as the Participant(s) and that Host Worksite is job duties that will be assigned to a particular complying with the terms of this Agreement. Participant and the level of supervision that (CSCF may require corrective action within will be appropriate for such Participant; specified time periods or remove Participants D. neither CSCF nor any CSCF Party makes from work sites upon written notification any express or implied warranties, delivered to Host Worksite at the time of their representations, or promises regarding the experience, fitness, honesty, or reliability of removal. Such action may be taken when any particular Participant, and Host Worksite CSCF, the governor of the state of Florida or agrees to accept the risk that a Participant DOL finds serious or continual violations of may commit an act of wrongdoing while rules or laws, where violations are not being working at Host Worksite's business resulting remedied, or where CSCF, the Florida in loss, damage or injury; and governor or DOL find noncompliance with E. Host Worksite waives, releases, indemnifies any of the terms or conditions under this and defends CSCF, the CSCF Parties (and Agreement.) their respective agents, employees, representatives and attorneys) from and 6. Background Checks against any claim, judgment, proceeding, loss, damage, cost or expense arising out of CSCF reserves the right (but not the obligation) to or related to any background information conduct background checks on Participants or about a Participant provided (or not provided, prospective Participants, which CSCF may conduct as the case may be) to Host Worksite or any itself or through one or more contractors or vendors act or omission on the part of any Participant (including the HR Contractor and/or its (whether negligent or willful, whether lawful subcontractors or vendors) (all of the foregoing are or otherwise) at any work site or while collectively called the "CSCF Parties"). If CSCF otherwise under the actual or constructive conducts any such check or causes it to be supervision or direction of Host Worksite or conducted, it will, subject to applicable law and its any of its employees, agents or having obtained an appropriate consent or release representatives. from the Participant, endeavors to share the results CareerSource Central Florida offers equal opportunity programs.Auxiliary aids and services are available upon request to individuals with disabilities.TTY:407 805-8023 FLORIDA 4 8. Hold Harmless 1) Host Worksite has failed to comply with any provision in this Agreement; A. Without waiving its sovereign immunity, and 2) Host Worksite fails to perform in whole if and to the extent allowed by law, each or in part under this Agreement or party shall indemnify and hold harmless each fails to take corrective action after other, its officers, officials, and employees receiving oral or written requests to from and against all claims and liabilities of do so within an appropriate time any nature or kind, including costs and period as may be stipulated by CSCF; expenses for or on account of any claims, or damages, losses, or expenses of any 3) DOL or the state of Florida fails to character whatsoever resulting in whole or in provide adequate funds, reduces, part from the negligent performance or omission of either party's employees or eliminates or otherwise terminates the representatives connected with the activities program under which this Agreement described herein. is written. B. In agreeing to provide direction, training and Any term or provision of this Agreement under which supervision of the participant, the Agency a party hereto (i) owes money to the other that understands that this does not make CSCF remains unpaid, or (ii) is obligated to indemnify the or its designee liable to the Agency or any other will survive the expiration or sooner termination third party by reason of any future act or of this Agreement. failure to act by any participant on or off the job. 10. Notice 9. Termination Other than as provided herein, any notice to CSCF must be in writing and will be hand delivered or This Agreement may be terminated as follows: mailed to CSCF at its office at 707 Mendham Boulevard, Ste. 250, Orlando FL 32825, Attn: A. CSCF or the Host Worksite may terminate Business Services Manager. All notices required to the Agreement for convenience upon at least be given to the Host Worksite under this Agreement 30 days' written notice to the other party. will be sufficient when hand delivered or mailed to the B. CSCF may terminate this Agreement in Host Worksite at its office located at the address whole or in part at any time that the CSCF identified in paragraph one, page one of this President and CEO or Chief Operating Agreement. Officer, in his/her sole judgment, determines that: CareerSource Central Florida offers equal opportunity programs.Auxiliary aids and services are available upon request to individuals with disabilities.TTY:407 805-8023 EMMY(FIARIDA 5 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 CareerSource Central Florida (CSCF) (NOTE: Exhibit`B"Requires Separate Signature) SEE ATTACHED CITY SIGNATURE PAGE (-047)4-WA.dt7tt../ /AU) Signature Signature Homer Boone Printed/Typed Name Prnted/Typed Name Director of Customer Service Prnted/Typed Title Printed/Typed Title 7/5 Uat A0/41 Date ate ❑ 17.259 Youth ❑ 17.258 Adult City of Sanford El 17.260 Dislocated Worker ❑ 93.558 TANF Company Name Federal ID# CFDA#'s Contact Name Phone# FAX# E-mail Address it CareerSource Central Florida offers equal opportunity programs.Auxiliary aids and services are available upon request to individuals with disabilities.TTY:407 805-8023 EMPLat FICRIDA 6 ATTEST: CITY OF SANF 0 RD Afge' CYN'HIA PORTER JEFF T �tlir AYOR CITY CLERK APPROVED AS TO LEGALITY: 1/71:e.at' W.L. COLBERT CITY ATTORNEY 11,510 SM 019, WS RM Xk-1877RRI134 Item No. ir7 ai CITY COMMISSION MEMORANDUM I 4.124-A JULY 14, 2014 AGENDA To: Honorable Mayor and Members of the City Commission PREPARED BY: Fred W. Fosson, Director of Human Resource anagement SUBMITTED BY: Norton N. Bonaparte, Jr., City Manager SUBJECT: Agreement with Central Florida Regiona 'r evelopment Board d/b/a CareerSource Central Florida SYNOPSIS: Approval of an agreement between the City and CareerSource Central Florida is requested. The previous agreement expired June 30, 2014. FISCAL/STAFFING STATEMENT: There is no cost to the City. BACKGROUND: Workforce Central Florida has a new name, Career/Source Central Florida (CSCF). The CSCF Agreement accounts for two programs, the H1B-UCF.CSCF partnership (H1B) and the WIA- Adult, Dislocated Worker(WIA). For the H1B program CareerSource Central Florida has partnered with the University of Central Florida to offer a unique work experience internship opportunity for job seekers with the focus on Science, Technology, Engineering and Math or STEM. Through this program, businesses can connect with job seekers that have college degrees, industry certifications or previous professional experience. This is a 12-week work experience internship. During the 12-week program, CSCF pays the participants wages up to $21 per hour for 40 hours per week while the City provides valuable hands-on work experience opportunities. The WIA program is a work experience opportunity for program participants 18 years and older and eligible for Workforce Investment Act (WIA) funds. The participant does a 12-week work experience at an approved employer worksite. CSCF pays the participants $12 per hour 40 hours per week for the duration of the internship. In both of the H1B and the WIA programs the participant is not employed by the City, but will be employees of CSCF; however, the City will provide participants with a bona fide, meaningful work experience that will help the participant receive the training and experience necessary to succeed in that type of position. Further, at the end of a work experience if the participant has performed satisfactorily the City can choose to hire the participant for the position, not withstanding the City's normative competitive recruitment process. LEGAL REVIEW: The City Attorney's office has reviewed and approved the attached agreement. RECOMMENDATION: It is staffs recommendation that the City Commission approve the CareerSource Central Florida Agreement. SUGGESTED MOTION: "I move to approve the agreement with CareerSource Central Florida." Attachment: • Proposed Agreement between the City of Sanford and CareerSource Central Florida. _