HomeMy WebLinkAboutContract 40521 (2)IUN 2 2010
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CpMTRACT NO. 4Sal�
MEMORANDUM OF AGREEMENT
BETWEEN
DEPARTMENT OF VETERANS AFFAIRS
VETERANS INDUSTRIES/COMPENSATED
WORK THERAPY
COMMUNITY PLACEMENT AND SUPPORT
FORT WORTH, TEXAS
AND
CITY OF FORT WORTH
FOR
TRANSITIONAL WORK EXPERIENCE
(TWE )
(General Labor Services)
OFFtCt�L RECORD
CITY SECRETARY
FT WORTH, TX
06-28-10 P03�?0 IN
MEMORANDUM OF AGREEMENT
BETWEEN
DEPARTMENT OF VETERANS AFFAIRS
VETERANS INDUSTRIES/COMPENSATED WORK THERAPY
COMMUNITY PLACEMENT AND SUPPORT PROGRAM
FORT WORTH, TEXAS
CITY OF FORT WORTH
This Memorandum of Agreement (Agreement) is between the CITY OF FORT WORTH (hereinafter called
City or Principal) and the DEPARTMENT OF VETERANS AFFAIRS VETERANS INDUSTRIES/
COMPENSATED WORK THERAPY COMMUNITY PLACEMENT AND SUPPORT PROGRAM
(hereinafter called VI/CWT or CPSP) for purpose of conducting this Agreement. The City of Fort Worth is a home
rule municipal corporation of the State of Texas, acting by and through its duly authorized Assistant City Manager.
1. SCOPE AND OBJECTIVES: The Transitional Work Experience (TWE) Community Placement and
Support Program (CPSP) is part of a larger scheme of therapy and veterans benefits administered by and on behalf of
the Department of Veterans Affairs (VA) and is designed to train Veterans Industries/ Compensated Work Therapy
(VI/CWT) program veterans in various positions. The VI/CWT Transitional Work Experience position will provide
training and/or on -the job experience in the skills required of the following positions: general labor, warehouse,
office clerical and other job functions as assigned for qualified veterans in this program. This Agreement is for one
(1) to twenty-five (25) workers, as required by the Principal. The number of workers placed in transitional work will
be determined by the needs of the Principal and the availability of veterans eligible for TWE placement.
Note: Veterans enrolled in the CWT Transitional Work Experience (TWE) program are work ready and should be
considered eligible for competitive employment with the City at any time during the training assignment.
2. TERM OF AGREEMENT: This Agreement will commence on or about June 23, 2010 and terminate on
or about June 22, 2011, for a term of one year. Principal and CPSP agree to review andlor renegotiate the provisions
of this Agreement, if appropriate, sixty (60) days prior to the Agreement's anniversary date. Notwithstanding the
foregoing, either party may terminate this Agreement by providing thirty (30) days notice in writing of such
termination. This contract shall only be amended, modified or changed by a written amendment, executed by
authorized representatives of the parties, with the same formality as this Agreement was executed.
All participating veterans will be required to meet the minimum qualifications for any position for which they are
being considered.
Participating veterans will be required to submit to criminal background checks by the City and to sign any
associated releases. VI/CWT provides random drug screens for all participating veterans three times per week.
Veterans selected to perform work at the City will be required to adhere to the City's personnel rules and regulations.
Participating veterans will be required to sign a written statement acknowledging the City 's harassment -free
workplace policy and agreeing to adhere thereto. A copy of the City's current policy and a sample written statement
are attached to this Agreement as Exhibit At
CFW TWE Program Agreement Page 1 of 6
Participating veterans will function as part of the City 's team to perform duties as assigned by their City supervisors
in keeping with the veterans' rehabilitation goals.
In accordance with Fort Worth City Code, the City has the right on request, at reasonable times and at City expense,
to access and examine books, records, and personnel related to provision of services under this Agreement.
Participating veterans will be classified by the City as temporary, contract labor. In general, no individual
participating veteran may provide more than 1040 hours of work to the City; however, particular individuals may be
called upon to work additional hours on a case -by -case basis if circumstances require and all parties agree. In
accordance with the Tax Court ruling in Wallace v. Commissioner of Internal Revenue, 128 T.C. 132, 150-51
(2007), action on dec., 2007-69 (December 3, 2007), disbursements to participating veterans from VI/CWT
constitute payment of a benefit and are exempt from taxation. These rulings are attached hereto as Exhibit "B."
Participating veterans will serve a negotiated probationary period with the City. Prior to dismissing a participating
veteran for performance -related issues, the City may, in its sole discretion, provide VI/CWT with notice of the
situation and an opportunity to intervene.
Participating veterans will be responsible for providing their own transportation to and from the job site.
3. QUALITY ASSURANCE AND SUPERVISION: Quality assurance standards will be established
and set by Principal. Supervision will be provided locally by the Principal at the participating site. Each veteran
working under this Agreement will have an assigned VI/CWT case manager to assist the participating veteran with
transition issues and to provide periodic on -site review and supervision.
When work becomes available that the Principal determines is an opportunity for a veteran trainee, the Principal will
provide VI/CWT with a job description detailing the duties, responsibilities, and minimum qualifications for the
position. Suitable opportunities include, but are not limited to, general labor, warehouse and clerical jobs. The City
shall be under no obligation to select an eligible veteran who is referred by VI/CWT, and no guarantee is made with
respect to the number of veterans who will be selected to perform work at the City.
For participating VI/CWT veterans who are selected to perform work for the Principal, the Principal will provide
training and on -site supervision. The Principal will provide evaluations for participating VI/CWT veterans for use
by the program in updating the veterans' vocational plans.
4. REIMBURSEMENT: The Principal agrees, subject to the conditions specified herein, to reimburse
VI/CWT (36X0160X4) in the amount of $10.00 per man-hour worked. Payment will be made in NET I5 days after
submission of a bill of collection. Changes in the Federal Minimum Wage will require immediate renegotiating of
costs. Overtime hours will be defined as those hours worked in excess of 40 hours per week, and will be billed at
1.5 times the per hour rate. Whenever a dispute arises about the quality, quantity, cost and or any other aspect of
work performed by the TWE veteran; the parties will make a good faith effort to resolve the dispute informally.
NOTE: Agreements that apply to multiple locations require the Principal furnish a verifiable credit application
and/or financial statement.
The City of Fort Worth has set aside $500,000.00 for this Agreement. VI/CWT understands and acknowledges that
the Principal staff cannot agree to pay any amount in excess of five hundred thousand dollars without receiving
approval from the Fort Worth City Council. Participating veterans will be classified by the Principal as temporary,
contract labor and not as employees of either City or VI/CWT.
5. TOOLS AND EQUIPMENT: Principal will provide special tools, equipment and/or uniforms required
for the completion of this Agreement in accordance with generally applicable City policies. Tools or equipment of a
general nature will be the responsibility of VI/CWT. Definitions of "special" and "general" will be negotiated.
General Maintenance of Principal -owned equipment will be the responsibility of the Principal. Repairs will be the
CFW TWE Program Agreement Page 2 of 6
responsibility of the Principal. Installations/repairs of equipment will comply with and to all local and state
regulations and to accepted practice.
6. RISK OF LOSS: The United States shall not be liable for any loss or damage to the Principal's property or
expenses incidental to such loss or damage, except that the United States shall be responsible for any such loss or
damage, not covered by insurance or for which the Principal is not otherwise reimbursed, which is caused by the
negligent or wrongful act or omission of a VA employee or VI/CWT patient acting within the scope of His /Her
employment, but only to the extent permitted by and in accordance with the procedures of the Federal Tort Claims
Act.
7. MEDICAL TREATMENT: Medical treatment will be provided by the Dallas VA Medical Center
should the veterans in the program become injured while fulfilling the terms of this Agreement. Under no
circumstances will the veterans that participate in CPSP be considered employees of the Principal or the
Department of Veterans Affairs.
a. No patients should be accepted into VI without medical clearance from the provider of record.
b. The first level of injury would consist of minor sprains, cuts, bruises, etc. these would be treated at the plant
or ward (depending upon where the injury occuiTed). The patient must present a new medical clearance form before
returning to work.
c. Second -level injuries are a bit more severe -they require direct medical intervention such as lacerations
requiring stitches. The veteran would be taken to whatever is the closest medical facility available. Again, before
returning to work, the veteran must obtain medical clearance.
d. The more serious, life threatening injuries requiring immediate care would be handled by dialing 911.
Again, medical clearance must be obtained prior to return to work.
e. Participation in these programs is by medical prescription; veterans' health care, in the case of injury, is
covered by the VA. The veteran may file claim under the Federal Tort Claims Act, or for section 1151 (38 USCG
benefits. Costs incurred in the treatment and transportation of veterans to treatment is borne by the VA. Although
veterans are not covered under the provisions of Workmen's Compensation, the City may be liable in the event that it
can be demonstrated that the City did not provide VI clients with the same safety t�•aining/gear supplied to City
employees; or that the City was negligent, operating an unsafe work environment.
8. TAX: Any Federal, State and Local Taxes that would be applicable to this Agreement will be the
responsibility of the Principal. The Federal Tax ID number for the CITY OF FORT WORTH is
432058553
9. LEGAL AUTHORITY: The authority for this arrangement is 38 U. S. C., Section 1718.
10. ADDRESSES FOR NOTICE
PRINCIPAL
City of Fort Worth
1000 Throckmorton Street
Fort Worth, TX 76102
Telephone: 817 392-7758
Fax:817 392-8869
Email scott.mitchell2�fortworth�ov.org
Point of Contact (POC) for Principal:
Scott Mitchell, SPHR
Human Resources Manager
VI/CWT CPSP
Fort Worth Veterans Industries/CWT
1100 E. Lancaster Road
Fort Worth, TX 76102
Telephone: 214 255-7160
Fax: 817 255-7130
Email: John.Purkey a,va.gov
POC for VI/CWT CPSP
John Purkey
Program Manager
Billing Address:
CHC CWT Billing
Building 71A, 122A
4500 South Lancaster Road
Dallas, TX 75216
Fax: 214 857-0925
CFW TWE Program Agreement
Page 3 of 6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement this day of , 2010.
CITY OF FORT WORTH: DEPARTMENT OF VETERANS AFFAIRS
VETERANS INDUSTRIES/ COMPENSATED WORK
THERAPY COMMUNITY PLACEMENT AND
SUPPORT ROGRAM
13 fiv
Y• � By.
Karen L. Montgomery John Purkey
Assistant City Manager jj Title: Program Manager
/
Date: (� c /� mate:
ATT STf`
By:
a(Hendrix
City Secretary
APPROVED AS TO FORM
AND LE LITY.,
By; a 1
Assvigtaw4 City Attorney
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
CFW TWE Program Agreement Page 4 of 6
Exhibit A
HARASSMENT -FREE WORKPLACE
It is the policy of the City of Fort Worth to treat all individuals with respect.
Employees have the right to work in an environment that is free of conduct that is harassing or inappropriate. No
employee shall be subjected to unsolicited and unwelcome sexual, ethnic, racial or religious overtures or conduct,
either verbal or physical by any persons while engaged in legitimate city business. No employee shall encourage or
condone such overtures or conduct, either verbal or physical. Any employee who engages in, perpetuates or
condones inappropriate behavior shall be subject to disciplinary action. Likewise, any persons conducting
business with the City (contractors, vendors, citizens, interns, volunteers, or agents thereof) are expected to
treat City employees with respect and to conform to the same workplace standards of conduct as City
employees.
Employee's Responsibilities — It is the responsibility of each employee of the City of Fort Worth to engage in and
promote workplace behaviors that create and maintain an environment of respect and that promote effective
teamwork. It is likewise the responsibility of each employee to report those behaviors that damage this environment,
especially those of a harassing nature.
Manager's and Supervisor's Responsibilities —Managers and supervisors have a greater responsibility, not only to
model respectful, professional conduct at the workplace, but also to maintain an environment of respect and effective
teamwork in their work areas. Managers and supervisors should monitor the workplace for inappropriate behavior
and must immediately report all incidents of harassing behavior to the Human Resources Department.
All allegations of harassment will be investigated and all findings, decisions, and recommendations will be made on
an individual case -by -case basis. Appropriate disciplinary action will be taken when the findings warrant such
action.
Allegations of harassment shall be dealt with in strict confidence and any serious breach of confidentiality will result
in disciplinary action.
No employee shall be retaliated against for filing a complaint, participating in an investigation, reporting an alleged
violation or opposing any action which is believed to constitute a violation of this policy. Disciplinary action will be
taken against any employee who engages in retaliatory actions.
Inappropriate Conduct
Horseplay, pranks and any other inappropriate, non -work related behaviors are strictly prohibited. Jokes (verbal,
electronic, printed or in any other• medium) that demean people (individuals) or have sexual, racial, ethnic or
religious themes are inappropriate in the workplace.
This policy prohibits behaviors that may not reach the level of harassment as defined in the City's "Harassment -free
Workplace" policy, but are nonetheless inappropriate in the workplace. Such behavior includes bringing sexually
explicit pictures, photographs, cartoons or objects to the workplace; repeated requests for dates, sexual bantering,
jokes or teasing; sexual innuendoes, gestures or leers, obscene, profane or abusive language; terms of endearment
such as "doll", "honey", "sweetheart" or "babe"; sending sexual, racial, ethnic, religious jokes, cartoons, etc. on e-
mail, faxes, etc.; and, using racial, ethnic or religious slurs or demeaning comments.
Appropriate disciplinary action will be taken when violations of this policy occur.
Harassment in the City's Workplace is Prohibited.
Offensive material and conduct of a sexual, racial, ethnic and religious nature are prohibited from the workplace.
CFW TWE Program Agreement Page 5 of 6
NO ONE HAS TO STATE THAT HE OR SHE IS OFFENDED. The material and conduct are prohibited per se,
even if no one complains.
Here are some examples:
• Jokes
Do not make jokes that are demeaning to a group of people based on race, gender, nationality,
beliefs/religious practices, disability or age. Avoid jokes that are of a sexual nature. Do not copy and
distribute jokes of this type.
• Electronic Mail
E-mail is to be used for business purposes. Do not use e-mail to correspond with personal, long-distance
fi•iends. Do not send harassing material over the e-mail.
• Faxes
Do not send or receive harassing material over City fax machines.
• Singing telegrams
• Photographs in the work area
Work area includes a City vehicle. Even family photographs can be prohibited, if they are sexually
suggestive.
• Touching
Never touch another co-worker in a sexual manner. Avoid repeated touching of employees, even if the
repeated touching is not intended to be in a sexual manner.
• Gestures
• Sexual paraphernalia
• Sexual ot° racist publications
Do not receive sexually or racist oriented publications or advertisements at work.
• Gossip and personal experiences
Do not discuss personal sexual experiences at work. Do not encourage others to do so.
• Sexually -oriented entertainment
City employees sometimes have parties to commemorate retirements, birthdays, and other occasions. Do
not have sexually oriented entertainment, such as dancers, videos, decorations, or party favors.
• Sexual advances
Do not make sexual advances toward other employees.
I have read and I understand the City expects me to engage in and promote workplace behaviors that create and
maintain an environment of respect and that promote effective teamwork.
Name (print)
Signature
Date
CFW TWE Program Agreement Page 6 of 6
DATE: 6/22/2010 REFERENCE NO.: C-24286 LOG NAME: 14VA AGREEMENT
CODE: C TYPE: NON -CONSENT PUBLIC NO
HEARING.
SUBJECT: Authorize the Execution of an Agreement with the Veterans Industries of Fort Worth to
Supply Eligible Veterans to Provide Labor to the City as Part of the Veterans'
Rehabilitative Work Therapy for a Maximum of $520,000.00, a Potential Annual Savings
of $97,000.00 for the City's Temporary Labor Cost
RECOMMENDATION:
It is recommended that the City Council authorize the execution of an Agreement with the Veterans
Industries of Fort Worth to supply eligible Veterans who will provide labor services to the City as part of the
Veterans' Rehabilitative Work Therapy for a maximum of $520,000.00, not to exceed 25 laborers at a time,
with payments due 30 days from receipt of invoices. A potential annual savings of over $97,000.00.
DISCUSSION:
This Agreement would allow City departments to use money already budgeted from their Temporary Labor
Pool budget to participate in the Veteran's Industries (VI) Transitional Work Experience Program. VI is a
unit of the Veterans Administration that provides work therapy, community placement and support to United
States Veterans who are attempting to reenter the workforce as part of their recovery from conditions such
as psychiatric illness, substance abuse and homelessness. This Agreement will aid in the City of Fort
Worth's fight against homelessness, in that all workers supplied by the VI will be Homeless US Veterans.
The Transitional Work Experience Program is a form of rehabilitative therapy aimed at assisting participants
to attain independence and vocational functioning and to foster the development of the relationships, work
ethics and skills needed to function optimally in society. Over 40 percent of participants in the Transitional
Work Experience Initiative secure competitive employment by the end of their assignments.
The Human Resources Department, through its Temporary Services Section, will use this Agreement to
engage eligible Veterans from VI who will perform temporary light maintenance and industrial work for City
departments that need these services. The Human Resources Department has met with members of
various City departments and there has been a demonstrated interest in participating in this project. During
the meeting the City departments further expressed the possibility of utilizing as many as 25 veterans in
temporary positions.
All participating Veterans supplied by the VI will undergo a stringent background review and drug screen
prior to being sent to the City of Fort Worth for any temporary positions. Participating Veterans will fill
temporary positions based on availability, qualifications and the City's business needs. The Agreement will
not create temporary positions but rather supply a possible source to fill previously budgeted temporary
positions at a reduced cost while at the same time furthering overall City goals related to homelessness
prevention and rehabilitation.
The City will pay VI $10.00 per hour for services provided by participating Veterans. VI will in turn make
disbursements to the Veterans at a rate that is not less than the wage rates specified in the Fair Labor
Standards Act. Because the program is part of a therapeutic regimen and classified as a Veterans benefit,
the monies paid to participating Veterans are not classified as income and are not taxable. The minimum
salary for a Temporary Maintenance Worker is $11.87, That's a savings of $1.87 per hour or a potential
annual savings of $97,240.00. The chart below illustrates the potential savings based using 5, 10 and up to
25 veterans over a one year period:
5 Temps 10 Temps 15 Temps 20 Temps 25 Temps
CFW Temp Labor Cost: $123,448.00 $246,896.00 $370,344.00 $493,792.00 $617,240 .00
VI Cost: ($104,000.00) ($2081000.00) ($3129000.00) ($4169000M) ($520,000.0�
Savings with VI: $19,448.00 $381896.00 $58,344.00 $771792.00 $97,240.00
Furthermore, because the participating Veterans will be covered by VI for work -related injuries, the City will
not incur workers compensation costs for these individuals.
AGREEMENT TERMS -Upon City Council's approval, the Agreement shall begin on June 22, 2010, and
end June 21, 2011.
RENEWAL OPTIONS -This Agreement may be renewed for up to three additional one year terms at the
City' s option. This action does not require specific City Council approval.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current operating
budget, as appropriated, of the Temporary Labor Pool Fund.
TO Fund/Account/Centers
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
FROM Fund/Account/Centers
P117 539120 0140000 $5201000.00
Karen Montgomery (6222)
Karen Marshall (7783)
Scott Mitchell (7758)