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Item P04BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 6/21 /06 Division: County Adminis to 0 Bulk Item: Yes X No Department: County Administr Staff Contact Person: Deb Barsell AGENDA ITEM WORDING: Ratification of Worksite Agreement with Youth Co -Op, Inc., the service provider for South FL Workforce in Florida Keys, for the provision of temporary workers to Monroe County through the National Emergency Grant (NEG) program at no cost to the County. ITEM BACKGROUND: The Worksite Agreement for the Hurricane Wilma NEG cleanup project was approved by the Deputy County Administrator on 5/ 18/06 after obtaining a confirming opinion from the County Attorney. The approval in advance of the June BOCC meeting was predicated on the following factors: current NEG funding will expire on 6/30/06; temporary workers are needed to continue Hurricane Wilma cleanup and recovery efforts; Youth Co -Op recruits, pays, and insures workers selected; workers are provided at no cost to the County with only task assignment, supervision, and timesheet verification required; there is a person -power shortage for cleanup tasks throughout the County; and a worksite agreement in place may be extended past 6/30/06 if funds are available. It was impractical to benefit from the NEG program if execution of the agreement was postponed until the June BOCC meeting. PREVIOUS RELEVANT BOCC ACTION: Approval by the BOCC of an Interlocal Agreement between Miami -Dade and Monroe Counties on 2/15/06 creating the South Florida Workforce Investment Board for Region 23 of the State of Florida. CONTRACT/AGREEMENT CHANGES: NA STAFF RECOMMENDATIONS: Approval TOTAL COST: 0 BUDGETED: Yes No 0 COST TO COUNTY: 0 SOURCE OF FUNDS: NA _ REVENUE PRODUCING: Yes No 0 AMOUNT PER MONTH Year (Note: If seven NEG workers are in placed by Youth Co -Op : County worksites throughout the month of June, the projected value to e County is $26,796 i w es and benefits with no costs.} APPROVED BY: County Atty OMB/Purchasing : Management DIVISION DIRECTOR APPROVAL: ��= • Thomas J. Wfili DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 2/05 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Youth Co -Op, Inc. Contract # Effective Date: 5/18106 Expiration Date: 6/30/06 may be extended Contract Purpose/Description: Youth Co -Op recruits, pays, insures, and employs temporary workers assigned to Mon- roe Co. throe h the National Emergency Grant (NEG) program. Youth Co-O is the program consists of temporary work that is associated with Hurricane Wilma cleanup and recov- ery. No legal em to er-em to ee relationship exists between Monroe Co. and the NEG worker. Monroe Co. provides worker task assignments, supervision, and verification of timesheets for for NEG workers. Youth Co -Op pays the workers $15/hr. up to 1040 hrs. If continuation funds are available the current termination date of 6/30/05, the a reement will be continued. Contract Manager: Deb Barsell 4489 1 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 6/21/06 Agenda Deadline: 6/6/06 CONTRACT COSTS Total Dollar Value of Contract: $ 26,796 est. Current Year Portion: $ 26,796 est. Budgeted? Yes[] No ® Account Codes: Grant: $ 0 County Match: $ 0 ADDITIONAL COSTS Estimated Ongoing Costs. $0/yr For: (Not included in dollar value above) Ceu mnint[ nnnra ,rt;lit;av CONTRACT REVIEW Changes Date Out Date In Needed Reviewer Division Director Yes❑ No[:] Risk Management Yesn N `0L O.M.B./Purchasing Yes❑ N County Attorney ' ' Yes❑ N I Comments: 15. Youth co-op Inc, south florida ; One Stop Career Center 3112 Flagler Avenue ' % ��J �- ._�� �� 'Q J Key West, FL. 33040%Employ Florida WORKSITE AGREEMENT FUNDING SOURCE: National Emergency Grant (NEG) PROJECT: HURRICANE WILMA AGREEMENT # 5 This work site agreement shall begin on: "J a ? oc Youth Co -Op, Inc. funded by South Florida Workforce whose address is: �3.r k'A hereinafter, referred to as the Agency, agree to the following terms of this Agreement to be funded from the USDOL Employment and Training Administration Workforce Investment Act (VI/IA) T'itle 1 National Emergency Grant (NEG) covered under a Federal Disaster Declaration. The Primary purpose of this Agreement is to identify and establish temporary jobs to assist in Clean Up efforts that are necessary as a direct resin of recovery efforts associated with the Hurricane Wilma disaster and to tall those jobs with eligible individuals that have temporarily or permanently lost their regular job as a result of the duster or cannot find work as a result of the disruption of business activities caused by Hurricane Wilma. 1. PROGRAM OVERVIEW This NEG program shalt consist of temporary work., wherein a participant referred by SFW to the Agency Is given job functions to perform under the guidance and supervision of the Agency in accordance with the job description attached hereto. It is understood by SFW Service Provider and the Agency that no legal employer employes relationship Is Created or exists between the Agency and the participant. In agreeing to provide direction and supervision of the participant, the Agency understands that this does not make 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. 2. LIMITATIONS ON PARTICIPATION The agency understands and agrees that no participant shall begin work until this Agreement is executed by the Agency and SFW. Eligible individual workers may not work in temporary jobs under this Grant for more than 1040 hours or earn more than $12,000 In wages, whichever occurs first, These limitations apply to Individuals and not specific jobs. ELIGIBLE WORKS MES SFW win prioritize worksites for temporary jobs such that the highest priority Is for public facilities, which have been most severely damaged. The second priority Is for private non-profit agencies that have the highest Impact on providing needed temporary services and/or restoring public services etc. In general, worksites will be limited to public and private non-profit facMd" and property. Work on Private property may only occur when all specific conditions listed In the NEG are met and will be looked at on a case -by -case basis and approved in writes by SFW. Work on private property will NOT be a priority unless It is necessary to restore public services or there is a clear safety hazard to the larger community. 4. RECRUITMENT AND SELECTION Recnuilment and etiglb ft determinations will be the responsibility of SFW provider. Individuals determined to be *fig Ibis for this program will be referred to the workalte by SFW provider. S. RESPONSIBILITIES OF AGENCY The following are the responsibilities of the Agency. The Agency 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 agraoment. a. Assure that it will have supervisory personnel who will act as work *Se supervisors for each of the Agency's worksltes so as to provide for condamum on -one supervision of participants. C, Assign worthwhile and meaningful work to participants during the entire time they are at the worksite. D. Require partki►ants' conformance with the Agency's Personnel Rules of Conduct. E. Orient and train their work sits supervisory personal inchrding any ahmmte staff directly responsible for the supervision of participants as to the Agency's responsiMities and obligations under this Agreement F. Notily SFW Irnmedlaby of any temporary arWor ongoing changes in the designation of personnel who will be supervising On partlelpangs). G. Bo accountable for maintaining participant time sheets by keeping accurate work time stlanrdence restw% supervising the proper completion and signing of tirrre shoots by each participant. cortilyi g and signing parttatpent urns sheets If an the prior roquirsments are net, and submitting Owes timeshest s to SFW Provider. H. Ensure that all sibs whem participants will be assigned are sanitary and safe omrironmento In accordance with health and safety standards established by State and Federal Law. L Ensues that all required safety supplies and squiprnant are used in the proper manner for the kdonded use, J. Conform to normal routines and functions befitting a reasonable business esublishmerrt Including, but not lknlbd to, appropriate supervision on the promises at all times, displaying posltive work habits, mslntakdrg safe wonting conditions and appropriate attire. K. Have an inclarnent weather plan for any approved positions that are required to work out of doors to ensure that alternative tasks can be performed inskle eking inclement weather. L. Inform SFW Service Provider and the Designated Employer of Record 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, M. Notify SFW Provider 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 irnpariial 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 compiled 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 not replacement of laid off workers by the temporary job participant's); and 3) there shalt be no infringement of promotional opportunities for regular employees. a. Not subcontract, assign or tmrefar any rights or responsibilities under this agreement or any porter i#emof without the prior written approval of SFW Provider. R. Irnptement administrative controls to ensure that costs for wages and other costs that the is responsible for paying are not being paid by other federal, state or local programs to eliminate the possibility of a dupiication of funding. S. Maintain ON records and flies pertaining to the operation of this Agreement and any amendment henft for three (3) years following expiration of this Agreement. Records and flies shall Include. but not be limited to, time and attendance sheets, supervisor assignments, this Agreement, etc. T. Win immediately advise SFW Provider in writing of any actions, suits, claims or grievances flied against the Agency, SFW Provider, Stale of Florida, federal officials or participants that In any way relates to this Agreement. B. RESPONSIBILITIES OF SFW SERVICE PROVIDER SFW, or its designee/subcontractor, 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 Agency'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. d) Be rss " for Ong participant paychecks dependent on Agency`s timely submission of Properly certified time sheets. e) Be responsible for contracting with a third party to Oct as employer of mcords. This employer of record shah employ the participants, pay participant wages for an actual hours worked, and provide Worker`s Compensation coverage for an participants. 7. AGENCY MONITORING AND REPORTING Agency must determine and ensure that all temporary workers at an worksites are only perfomtktg disaster related work activities. The agency shall notify SFW Service Provider of any changes to the required work hours, job description, and/or N the disaster recovery work has been completed and the job needs to be ended. 8. MONITORING The Agency shall allow SFW, designated service provider, the t roverror of the Stale of i'lorida, or any of its agents and/or subcontractors, and the US Department of Labor (DOL) to visit the Agency'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 Agency at the time of the removal. This action may be taken when SFW , the Governor of the State of Florida, or DOL finds serious or continual violations of rule or laws, where violations Are not being remedied, or where SFW . the Governor of the State of Florieia or DOL find non- compliance on any of the terms or conditions under this Agreement. 9. PROHIBITED ACTMITIES A. Sectarian Activities: The Agency assures that participants will not be employed in building, operating or malataining any part of any building, which is used for religious instruction or worship. B. Collective Bargaining and union Activities: The Agency assures that this agreement will not impair existing contracts for services or collective bargaining agreement between the Agency and either parties, nor will this agreement assist, promote or deter union organisation. C. Lobbying and Political Activntea: The Agency assures that this agreement will not assist with political or lobbying activities or the cost of any salaries or expenses to Infimuence legislations or appropriation pending before the Congress of the United States. p. Relocation: Neither the execution nor performance of the Agreement will assist in, support or otherwise contribute to the relocations of the Worksiie Employees business. 10. HOLD HARMLESS Yifithout waives Its sovereign kmmnunity, and If and to the extent allowed by law, each party shall Indemnify and holes harmless each other. its officers, officials, and employs" from and against all claims and liabilities of any nature or kind, Including costs and expenses for or on account of, any claims. dem ages, losses or expenses of any character whatsoever resulting In whole, or In part, from the negligent performancse or omission of eithor parly`s employees or repnesertalvm connected with the activities described herein. 11. CHANGES TO THE AGREEMENT Therms shall be no modification or amendment of this Agreement, except In writing, executed with the same forrnallties as this instruaren'at. Requests for interpretation$ of the Agreement provisions shall be directed to the Employer on Record and must be in writing. No interpretations shall be official or binding upon the WoduQ* Employer unto" it is received In written form. 12. TERMINATION This Agreement way be terminated as follows: A. SFW or the Agency may ternnlwte this Agreement for convenience upon thirty (30) calendar day prior wrllten notice to the other party S. SFW may terminate this Agreement in whole or In pert at any time that the SFW Proddart, In his sole judgment, detanninas that i. The Agency has failed to comply with any of the provisions contained In this Agreement or any Amendment hereto; 2. The Agency fags to perform, in whole or In part, under this Agreement or falls to take convoclive action after receiving oral or written requests to do so within an appropriate Urn* period as may sdpu h tad by SFW ; or 3. The United States department of tabor or Stale of Flora falls to premise adequate funds. reduces. ellmlrates or otherwise tannknstrs the program under which this Agreement is written. 13. NOTICE Other than as provided herein, notice shall be required to be given to SFW under this Agreement, and shall be sufficient when hand -delivered or mailed to SFW Service Provider . 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 of this Agreement. 14. CONTROLLING LAWS This Agreement and the provisions contained herein shall be consinsud, controlled and irderprated according to the laws of the State of Florida. IN WrrNESS 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 nlade and executed this Agreement on the respective dates under each signature. ACslr Y: ' U6, Corstact Name 0 - M or . pp" A . fol r,...a� ,- hsryi Graham TypedlPrintod Name —Director, Youth Co -Op, NC, Monroe Cty_ Title of Payson ❑air Phone Nten 'sor Fax Numbs E4ftN Address S. Graham or Audrey Alien Contact Name 305-292-6762 Phone Number 3015-2924M9i Fax Nunber sgrahamiftcoop.ore E-MrM Address Job Description National Emergency Grant (NEG) Cleanup Waste Attendant I Hourly Rate 15.00 These temporary NEG employees will perform general maintenance tasks and hurricane debris cleanup in various sites and facilities throughout Monroe County. Tasks May Include 1. Use brooms, pitchforks, rakes, shovels, and similar hand tools in order to pickup hurricane debris. 2. Wash and clean interior and exterior of County equipment, buildings, and vehicles. 3. Replace and install signs damaged or destroyed. 4. Trim, cut, and/or remove trees and other foliage damaged by hurricane wind and surge, replant as directed. 5. Refinish and/or repaint interior and/or exterior walls. 6. Performs other hurricane cleanup related work as required. Requirements Eligible person must possess physical strength and agility sufficient to perform manual labor and occasionally work under adverse weather conditions.