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HomeMy WebLinkAboutDocumentation_Regular_Tab 04_05/14/2009~~~ 1. VILLAGE COUNCIL MEETING: VILLAGE OF TEQUESTA AGENDA ITEM TRANSMITTAL FORM Meeting Date: May 14, 2009 Meeting Type: Regular Ordinance #: :lick here to enter text. Consent Agenda: y~S Resolution #: ~: lisle here to eater text. Originating Department: Human Resources 2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report) Workforce Alliance Community Service & Work Experience Program 3. BUDGET /FINANCIAL IMPACT: Account #: 001-171-526.105 Amount of this item: Non-Financial Agreement, however the Village's selection screenings average $200 per person Current Budgeted Amount Available: Amount Remaining after item: $1,805.00 $1,405.00 (2 applicants estimated) -=~ ~, ___. ;-;, Budget Transfer Required: No Appropriate Fund Balance: No - 4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agencr,~aa item) The Temporary Assistance for Needy Families (TANF) program was created in 1996 under the Welfare Refef'tn law. Workforce Alliance currently receives funding through the Department for Children Services td'3upport TANF and they place eligible participants within organizations, with one of their main goals being to end the dependency of needy parents on government benefits, through job preparation and work. By entering into an Agreement with Workforce Alliance, the Village of Tequesta would agree to provide a work site designated to provide participants with non-paid, job training experience, with the only incurred costs being required selection screenings. Participants would live in or near the Village of Tequesta. 5. APPROVALS: Dept. Head: /,~~~~// Finance Director: ~ ~ i Attorney: (for legal sufficiency) `,/ ~~ ~~~iiC' Yes ® No ^ Village Manager: ~~ ~_- • SUBMIT FOR COUNCIL DISCUSSION: '~ • APPROVE ITEM: ^ • DENY ITEM: ^ Memo To: Michael R Couzzo, Jr., Village Manager From: Merlene Reid, HR Manager Date: April 13, 2009 Re: Workforce Alliance Community Service & Work Experience Program In late February while attending a PBC HR Directors meeting, I learnt about an On-The-Job Training program offered through The Workforce Alliance, Inc., where eligible participants who qualify for temporary financial assistance from the State, are placed in organizations to gain work preparation and job experience training. Seeing the potential labor benefits for the Village and an opportunity to provide real, hands-on experience to willing and available personnel in and around Tequesta, on March 10, 2009, a meeting was held between the Alliance and some of the department heads, where the program was explained and we had the opportunity to ask specific questions. A copy of the complete Non-financial Agreement is attached as Exhibit A, while a brief summary of its contents is outlined below: • With the exception of the standard drug screen and back-ground checks applied to all job applicants, there are no other financial obligations to the Village, • Selected participants are not employees of the Village and there are no Worker's compensation obligations, • The Village may accept or decline potential volunteers and there is no obligation or set number of volunteers, • Participants are subject to the Village's policies and procedures, • Either party may terminate the Agreement, with or without cause, at any time, • No currently employed Village employee may be displaced or partially displaced by a participant, • No participant shall be placed or remain working in any position when the same or substantially equivalent position is vacant due to a hiring freeze or when any regular employee of the Village is laid off from the same or substantially equivalent position. HR would like to implement a pilot project, commencing with the Communications Unit, with the objective of providing these individuals with tangible skills, with the longer term goal of placing them in our pool of part-time, as-needed dispatchers who fill in as the need arises. Depending on the success of the pilot project, placement of other participants with other departments such as Parks & Recreation and Public Works would be examined next. The Village Attorney has advised that since there is no money involved, this is an administrative matter that does not need to go on the Agenda, however after discussions with you; I have scheduled a presentation at the May 14 meeting so that the Council may be fully apprised of this matter. Reid, Merlene From: Trela White [trela@corbettandwhite.com] Sent: Thursday, March 19, 2009 2:05 PM To: Reid, Merlene Cc: McWilliams, Lori Subject: RE: WORKFORCE ALIANCE -Work Site Agreement Merlene: As we discussed, this item may go on the agenda but is not required to be approved by Council since there is no money involved and it is an administrative matter which can be taken care of by the Village Manager. Thank you, Trela From: Reid, Merlene [mailto:mreid@tequesta.org] Sent: Thursday, March 19, 2009 8:14 AM To: trela@corbettandwhite.com Cc: McWilliams, Lori Subject: WORKFORCE ALIANCE -Work Site Agreement Trela, I am putting together an Agenda item for the April 9th Council meeting, to enter into agreement with Workforce Alliance in respect of a Work Experience Program that they offer. Attached is a copy of the Agreement, for your review. Thanks Merlene Merlene Reid, SPHR Human Resources Director Village of Tequesta 345 Tequesta Drive Tequesta, FL 33469-0273 Tel: (561) 575-6200 x256 Fax: (561) 575-6203 -',: .i ,' IMPORTANT: The contents of this email and any attachments are confidential. They are intended for the named recipient(s) only. If you have received this email in error, please notify the system manager or the sender immediately and do not disclose the contents to anyone or make copies thereof. "*" eSafe scanned this email for viruses, vandals, and malicious content. *"* *** eSafe scanned this email for malicious content *** *** IMPORTANT: Do not open attachments from unrecognized senders *** EXHIBIT A COMMUNITY SERVICE 8 WORK EXPERIENCE PROGRAM NON-FINANCIAL AGREEMENT NUMBER 2009- BYAND BETWEEN WORKFORCE ALLIANCE, INC. 315 South Dixie Highway, Suite 102 West Palm Beach, FL. 33401 AND (INSERT PROVIDER NAME) PROVIDER ADDRESS: PROVIDER FEI NO: PROVIDER DESCRIPTION:. WHEREAS, Workforce Alliance, Inc. (hereinafter "Alliance") wishes to place Alliance Program participants with the Provider for the provisions of work experience and training activi#ies; and WHEREAS, the Provider wishes to provide work experience and training activities for Alliance Program participants (hereinafter "participants"); NOW THEREFORE, the parties enter into this Agreement for the provision of work experience and training activities work site services upon the following terms and conditions: I. Term This Work Experience Program Non-Financial Agreement ("Agreement") shall begin on the date last signed by both parties. This Agreement shall be automatically .renewed annually without action of any party, unless earlier terminated pursuant to Article VII. of this Agreement or a participant has not completed his/her work experience with the Provider, in which event this Agreement shall continue to be in full force and in effect until the duration of the remaining time required for the participant to complete his/her work experience with the Provider. II. Participant Status The participant is not an employee of the Provider or Alliance. III. Independent Contractor Both parties in the performance of this Agreement will be acting in an individual capacity and not as agents, employees, partners, joint venturers, or associates of one another. IV. Provider Representations and Duties 1. Provider represents that: it is a private non-profit or public non-profit corporation, or local governmental entity. it is a private for-profit or public for-profit entity licensed to do business in the State of Florida. and is capable of providing a work experience to Alliance participants in accordance with the terms of this Agreement. 2. Provider agrees to: A. develop and provide a work site designed to provide participants with anon-paid, job training experience commonly referred to as a "Work Experience". Worksite Agreement 2/21107 (rev. 9/23/08) Page 1 of 6 B. maintain the confidentiality of all information provided by or about any participant, expect as otherwise approved and authorized in writing by the participant, or as otherwise authorized by law. C. provide participants with a work experience described in "Attachment I Training Outline" and attached hereto. D. provide work experience training to participants so he/she can adequately perform his/her work experience. Work experience hours shall not exceed the maximum hours per month stated on the participant's referral. E. provide participants with the same working hours, lunch periods and break times that would be afforded to paid employees. F. not to place participants in positions that are involved in political activity or the instruction of worship. G. notify Alliance in writing immediately upon notice of the status of a participant when one or more of the following situations occur: a) the participant has failed to attend the initial interview or refused a suitable work site offer or voluntarily quit training. b) the participant was not accepted by Provider's into a work experience. c) the participant has experienced absenteeism or sickness or other problems. d) the participant secured employment with the Provider or with another entity. H. comply with all applicable federal, state and local laws, regulations, policies and procedures relative to Alliance's work experience program. I. obtain written approval from Alliance before assigning this Agreement. J. complete and maintain the required participant time record forms, referral, progress reports and periodic evaluation forms and provide such records upon request by Alliance for monitoring purposes. V. Alliance Representations and Duties 1. Alliance agrees to: A. provide a written referral to the Provider for consideration in a work experience with the Provider containing the participant's name, date of referral and the Program in which the participant is a recipient. B. provide supportive services, subject to funding availability, to eligible participants that enable the participant to maintain his/her work experience activities and that are allowed by the Program rules, laws and regulations. C. inform the Provider of the maximum number of hours each participant is required to participate and the expected length of the participant's placement in the work site activity. D. provide the required participant time record forms, progress reports and periodic evaluation forms to be completed by the Provider. Worksite Agreement 2/21/07 (rev. 9/23/08) Page 2 of 6 VI. Manner of Service Provision 1. The work site Training Outline/Job Description ("Attachment 1") must be approved by Alliance prior to the work experience beginning for any participant. 2. Provider agrees to provide the necessary instruction, supervision and equipment for a participant to perform work experience duties. 3. Provider agrees to submit to Alliance on a weekly basis a work experience training program time sheet signed and dated by Provider and the participant. 4. Provider shall train the participant with the necessary skills for an entry level work experience in the designated job title. 5. No participant may participate in a Provider work experience unless the participant is referred to Provider by Alliance in writing and in accordance with the terms of this Agreement. 6. All participants are to be provided with the same working conditions by Provider accorded to other employees presently in the Provider's work force. However, for purposes of workers' compensation coverage the participant will be considered an employee of the State of Florida and is subject to the requirements of the drug free workplace program. Participants shall not be considered employees of Provider, although Provider shall have all supervisory responsibility. No currently employed Provider employee shall be displaced by a participant. This includes partial displacement such as reduction in the hours of non-overtime work, wages or employment benefits. It is illegal for a Provider to displace any regular employee or fail to fill a vacancy so that a worksite participant may fill the job requirements. Based upon the above Provider must ensure that employees of Providers organization are notified of the Work Experience Program displacement rules and his/her rights under the law and ability to file a grievance. Provider's execution of the Work Experience Program Non-Financial Agreement is with the expectation that Provider will be monitored by Alliance for compliance with this provision and Providers that violate this provision of the Agreement and requirement of the law will be terminated from participation in the program 8. No participant shall be hired into or remain working in any position when the same or substantially equivalent position is vacant due to a hiring freeze or when any regular employee is on lay-off from the same or substantially equivalent position or when the regular employee has been bumped and has recall or bumping rights to that position pursuant to the provider's personnel policy or collective bargaining agreement. 9. Provider shall indemnify and hold harmless Alliance, it's officers, agents, employees, and the Palm Beach County Board of County Commissioners from liability of any nature or kind, including costs, expensed, and attorney's fees, for or on account of any actions, claims, suits or damages of any character whatsoever arising out of any negligent act or omission of the Provider or any employee, agent, subcontractor, or representative of Provider. 10. Provider may conduct background checks of potential participants as necessary and as a pre- requisite for acceptance of any participant at a work site. VII. Termination Either party may terminate this Agreement, with or without cause, at any time by giving written notice to the other party. This Agreement will be modified at anytime without notice to the other party upon change or amendment to any law or regulation that governs the Program. Worksite Agreement 2/21/07 (rev. 9/23/08) Page 3 of 6 VIII. Notice and Contact The name, address and telephone number of each parties representative to this Agreement is as follows: Alliance Provider ATTN: Kathryn Schmidt, CEO/President Workforce Alliance, Inc. 315 South Dixie Highway, Suite 102 West Palm Beach, Florida 33401 Telephone (561) 340-1061 Ext. 2201 In the event a different representative is designated by either Party after execution of this Agreement, written notice including the name, address and telephone number of the new representative will be sent in writing to the other Party. IX. Monitoring At any time and as often as Alliance, the State of Florida, United States Department of Labor, Comptroller General of the United States, the Inspector General of the United States and the State of Florida, or their designated agency or representative may deem necessary, Provider shall make available all appropriate personnel for interviews and all participant records or other data relating to matters covered by this Agreement for the purpose of monitoring activities and determining compliance with all applicable rules and regulations, and the provisions of this Agreement. Provider shall respond in writing to monitoring reports and requests for corrective action plans within 20 working days after the receipt of such request from Alliance. X. Entire Agreement This Agreement constitutes the entire understanding of the parties with respect to the subject matter hereof. All other prior agreements, understandings and representations regarding the subject matter hereof are hereby superseded and terminated. IN WITNESS WHEREOF, Provider and Alliance have caused this Agreement to be duly executed as of the date set forth below. APPROVED BY: WORKFORCE ALLIANCE, INC. (ALLIANCE) APPROVED BY: BY: SIGNED ALLIANCE CEO/PRESIDENT, KATHRYN SCHMIDT WITNESS: DATE BY: SIGNED AUTHORIZED REPRESENTATIVE NAME & TITLE PRINTED, AUTHORIZED REPRESENTATIVE WITNESS: DA' Worksite Agreement 2/21/07 (rev. 9/23/08) Page 4 of 6 ATTACHMENT 1 WORK SITE TRAINING OUTLINE/JOB DESCRIPTION A separate Work Site Training Outline/Job Description form is to be completed by the Provider for each participant work experience activity to determine the length of the work experience and functions in which the participant will be trained. 1. Work Site Location: Enter the legal address of the work site where the participant will be located. 2. Work Site Title: Enter the title of the work site activity/training the participant will be placed. 3. Work Site Occupational Title: Enter the job title and specific numerical code as listed in the O'NET- SOC that most closely fits the work site title and job description developed by the Provider. Worksite Occupational Title O"`NET Code 4. Mastery Skills 8~ Work Site Duties: List the specific mastery skills & job duties at the work site the participant will perform. 5. List any pre-requisites for acceptance of a participant (finger printing, background check, interview, testing, etc) for the work site activity. 6. Length of Work Site Experience: Before the training can be approved, Alliance Career Consultant must determine the length of training or the Specific Vocational Preparation Time (SVP). Enter the total length of training in months and hours. Length of Worksite Experience 7. Ending Date of Work Site Experience: Enter the appropriate ending date of the training after the length of training has been determined. Ending Date of Work Site Experience 8. Participant Name: Enter the name of the participant receiving the Work Experience and date referred. A separate work site training outline/job description form must be completed for each participant. Participant Name Date Worksite Agreement 2/21/07 (rev. 9/23/08) Page 5 of 6 ATTACHMENT 2 WORK SITE LETTER OF TRANSMITTAL Attached please find a Work Site agreement that requires your attention. Please provide the requested information, sign your name, the date and forward the agreement to the next individual listed on this transmittal page. Service Provide or Consortium Staff Member Initiating Work Site Agreement Date Alliance Contracts S. Brea Name Date Agreement No. 2009- To Be Completed By Alliance Alliance WTP Program Director M. Garrett Alliance Senior Director Programs R. O'Connor Alliance CEO/President K. Schmidt Name Date Name Date Name Date Worksite Agreement 2/21/07 (rev. 9/23/08) Page 6 of 6