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To: City Clerk
F-: Request for Services
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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
El
Special Instructions:
❑ Mayor's signature
❑ Recording
❑ endering
Safe keeping (Vault)
Record Custodian
�e�Gi J `Y-
Please advise if you have any questions rording the above.
Thank you!
F om
TADept_ forms \City Clerk Transmittal Memo - 2009.doc
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Date
Henkels & McCoy, Inc (H &M.), and City of Sanford, FL whos,
FL 32771, phonee 407 - 688 -5025 hereinafter referred to as the 1
this Agreement.
1. Program Overview
The Youth Work Experience Program shall consist of paid
work experience, wherein a participant referred by
Henkels & McCoy (H &M), or its duly authorized
representative, to the Business /Agency is introduced to
age appropriate activities with the rigors, demands,
rewards, and sanctions associated with holding a job
reinforced during the program. Under the guidance and
supervision of the Agency and in accordance with the job
description, the participants should be provided
meaningful work experience that will help them to receive
the training and experience that is required to be
successful in the job. It is understood by Henkels &
McCoy (H &M) and the Business /Agency that no legal
employer- employee relationship is created or exists
between the Business /Agency and the participant.
2. Period of Agreement
This work site agreement shall begin on June 30, 2015 and
end no later than June 30, 2017. No participant shall begin
work until this Agreement is fully executed by both the
Business /Agency and Henkels & McCoy (H &M).
3. Work Experience Period and Limitations
Participants may work up to 30 hours /week.
Participant(s) may work for no longer than 240 hours or
until this Agreement's end date or management extension
approval, whichever occurs first.
4. Responsibilities of Business /Agency
The following are responsibilities of the Agency. The
Agency accepts and agrees that it shall:
A. make available suitable job(s) at its worksite(s)
and in the respective occupation(s) described in
the job description(s) for those eligible Henkels
& McCoy (H &M) participants who are selected
and referred to the Agency by Henkels & McCoy
(H &M).
B. Provide Henkels & McCoy (H &M) with a
current copy of the Business /Agency Third Party
Page 1 of 5
Youth Work Experience WorksiteAgreement
"b
C. notify Henkels & McCoy (H &M) immediately
if any participant referred by Henkels & McCoy
(H &M) would be directly supervised by a
member of that person's immediate family.
D. assign worthwhile and meaningful work to
participants during the entire time they are at the
work site in accordance with the approved job
descriptions and must be predetermined and
mutually agreed upon by the Agency and
Henkels & McCoy (H &M).
E. direct and supervise participants' work activities
and training in accordance with their job
description(s).
F. assure that it will have supervisory personnel
who will act as work site supervisors for each of
the Agency's work sites so as to provide for
continuous on -site supervision and training of
participants at a ratio of participant(s) to staff of
no more than 5:1.
G. orient and train their work site Supervisory
personnel including any alternate staff directly
responsible for the supervision of participants as
to the Agency's responsibilities and obligations
under this Agreement.
H. notify Henkels & McCoy (H &M) immediately of
any temporary and/or ongoing changes in the
designation of personnel who will be supervising
the participant(s).
I. be accountable for maintaining Henkels &
McCoy (H &M) participant time sheets,
M,
supervising the proper completion of time sheets
by each participant, approving participant time
sheets if all the prior requirements are met, and
submitting these "timesheets" in a timely manner
in accordance with Henkels & McCoy (H &M)
payroll procedures.
I require participants' conformance with the
Agency's Personnel Rules of Conduct such as
dress code, parking, etc.
K. 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.
L. ensure that all required safety supplies and
equipment are used in the proper manner for the
intended use and in accordance with all laws,
including child labor laws where applicable.
M. 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.
N. inform Henkels & McCoy (H &M) immediately
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.
O. notify Henkels & McCoy (H &M) 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 clock hours of
when the problem is identified.
P. not discriminate against any participant or
potential participant because of race, color,
religion, sex, national origin, age, disability,
political affiliation or belief, creed or marital
status.
Q. ensure that participants receive fair and impartial
treatment and that participants shall not be
subjected to harassment of any type or form.
R. ensure that the following general working
conditions are complied with:
1) this work experience position(s) shall
result in an increase in the Agency's
level of employment and in no
circumstances shall it result in the
displacement of current employees
the freezing of the hiring of new
employs in anticipation of this work
experience participant;
2) there shall be no displacement or partial
displacement (reduction of hours
worked. wages or employment benefits)
Page 2 of J
Youth Mort, Experience Morksite,= igr-eenient
of currently employed workers nor
replacement of laid -off workers by the
work experience participant(s);
3) there shall be no infringement of
promotional opportunities for regular
employees; and
4) participants shall receive comparable
working conditions and non - payroll
benefits such as rest breaks, lunch, etc.
as other current employees;
R. ensure that the participants will not be employed
at a casino or other gambling establishment,
aquarium, zoo, golf course, or swimming pool and
ensure that participants will not be employed in
the building, operating, or maintaining of any part
of any building which is used for sectarian
instruction or as a place of worship.
S. ensure that this agreement will not impair existing
contracts for services or a collective bargaining
agreement between the Agency and other parties,
nor will this agreement assist, promote or deter
union organization.
T. ensure that a work experience participant wider
this agreement will not assist with political or
lobbying activities or any activity designed to
influence legislation or appropriation pending
before the Congress of the United States.
U. not subcontract, assign or transfer any rights or
responsibilities under this agreement or any
portion thereof without the prior written approval
of Henkels & McCoy (H &M)
V. implement administrative controls to ensure that
costs for wages and other costs that Henkels &
McCoy (H &M) is responsible for paying are not
being paid by other federal, state, or local
programs to eliminate the possibility of a
duplication of funding.
W. 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.
X. monitor to ensure that all participants at all work
sites are only performing work activities as
identified in the job description attached hereto
and that the Agency is complying with this
Agreement. The Agency shall notify Henkels &
McCoy (H &M) of any changes to the required
work hours, job description, and/or if the work
has been completed and the job needs to end.
Y. immediately advise Henkels & McCoy (H &M)
in writing of any actions, suits, claims or
grievances filed against the Agency, Henkels &
McCoy (H &M), State of Florida, federal
officials or participants that in any way relates to
this Agreement.
Z. allow Henkels & McCoy (H &M), the Governor
of the State of Florida, or any of its agents and/or
subcontractors, and the US Department of Labor
(DOL) access to the Agency's work site(s) at all
reasonable hours for such purposes as
monitoring the program, counseling the
participants, etc.
AA. adhere to all employment and applicable child
labor laws. See
lnttp:// WWW .vouthrules.dol.gov /about.htm and
http: / /«avw.osha.gov /teens for details on child
labor laws.
BB. maintain the confidentiality of any information
regarding participants or their immediate
families which may be obtained from forms,
discussions or other sources. Without
permission of the participant, such information
shall be divulged only as necessary for purposes
related to the performance of this Agreement.
CC. consider all work experience participants for any
unsubsidized job openings which may occur with
the Agency, if participants meet the necessary
qualifications for the openings.
DD. Not entrust any Participant with unsupervised
care, custody or control of financial property
including cash, checks, accounts, ledgers,
balance sheets, reconciliations or payroll
deposits. (Host Worksite confirms that it alone
controls the,,vork site environment at its business
office, and it acknowledges full responsibility for
implementing internal controls and procedures to
prevent misuse of financial documents and
property.)
EE. Not instruct or allow any Participant to drive an
automobile for any reason for business purposes.
5. Responsibilities of Henkels & McCoy (H &M)
Henkels & McCoy (H &M) accepts and agrees that it shall
A. recruit, select and refer participant(s) eligible for
this work experience program to the Agency.
B. assist the job site supervisor in resolving any
problems concerning the participants'
performance on the job.
C. hear all grievances concerning program
participant's performance at the job site in
accordance with Henkels & McCoy (H &M)'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 dependent on Agency's timely
Page 3 of J
Youth ff�orkExperzence flrorksite.4greenrent
submission of properly completed and signed
timesheets.
F. Henkels & McCoy (H &M) or its designee shall
be responsible for employing the participants,
paying participants for all actual hours worked,
and providing Workers' Compensation coverage
for all participants. Note, no fringe benefits or
holiday pay is provided to these temporary
workers.
G. monitor the activities under this Agreement at the
work site(s) at reasonable hours and as frequently
as the authorized representatives of Henkels &
McCoy (H &M) may deem necessary in order to
assure the work experience is constructive for the
participant and that all provisions of this
Agreement are being carried out. 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 Agency at the time of the
removal. This action may be taken when Henkels
& McCoy (H &M), 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 Henkels & McCoy
(H &M), the Governor of the State of Florida or
DOL find noncompliance on any of the terms or
conditions under this Agreement.
H. furnish the Agency with copies of all procedures,
forms, etc. which it deems necessary for the
proper conduct by the Agency.
6. 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 ny
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.
In agreeing to provide direction, training and supervision
of the participant, the Agency understands that this does
not make Henkels & McCoy (H&M) or its designee liable
to the Agency or any third party by reason of any future
act or failure to act by any participant on or off the job.
7. Changes to the Agreement
This agreement maybe modified or amended as necessary
by the issuance of a written modification, signed and dated
by both parties.
8. Termination
This Agreement may be terminated as follows:
A. Henkels & McCoy (H &M) or the Agency may
terminate the Agreement for convenience upon
thirty- (30) calendar day prior written notice to
the other party without cause even in the absence
of the other party's fault or breach, and without
suffering consequences of a default or breach.
B. Henkels & McCoy (H &M) may terminate this
Agreement in whole or in part at any time that
the Henkels & McCoy (H &M) Staff in his/her
sole judgment, determines that:
1) the Agency has failed to comply with any
of the provisions contained in this
Agreement or any modification hereto;
2) the Agency 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 Henkels & McCoy
(H &M); or
3) the United States Department of Labor or
State of Florida fails to provide adequate
funds, reduces, eliminates or otherwise
terminates the program under which this
Agreement is written.
9. Notice
Other than as provided herein, notice shall be required to
be given to Henkels & McCoy (H &M) under this
Agreement, and shall be sufficient when mailed to
Henkels & McCoy (H &M) at its office 1801 Rouse Road,
Orlando, FL 32825 attn Shellonda Rucker, Regional
Manager. All notices required to be given to the Agency
under this Agreement shall be sufficient when hand
delivered or mailed to the Agency at its office located at
the address identified in paragraph one, page one of this
Agreement.
10. Controlling Laws
This agreement and the provisions contained herein shall
be construed, controlled and interpreted according to the
laws of the State of Florida.
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.
Business /Agency: H&zM
(SEE ATTACHED SIGN AtFURE PAGE)
�71VW61
Signature
Signature
Krissy Todd, CES
Print Name -X ; Q t�-tt Print Name /Title
M&-
Print Title
Date
Page 4 of .i
Youth Worlc Experience YlrorksiteAgreement
1801 Rouse Road, Orlando, FL 32825
Company Address
6 -4 -15
Date
CYNTHIA PORTER
CITY CLERK
APPROVED AS TO LEGALITY:
r
CITY ATTORNEY
Page 5 of 5
Youth WorkGxperience [sVorksiteAgreenzent
CITY OF SANFORD