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HomeMy WebLinkAboutContract 56728 DocuSign Envelope ID:98=306-FA06-4MC-82AD-01 E91385179D2 CSC No. 56728 WORKFORCE SOLUTIONS ��oR taexea,N`r'Courn"�� A proud partner of the Amenc na JobCenter'network MASTER WORKSITE TRAINING EMPLOYER AGREEMENT This agreement is entered into and between Workforce Solutions for Tarrant County(Agent)and the undersigned Work Site Training Employer. The purpose of this agreement is to provide a statement of responsibilities for each of the parties to this agreement: Work Site Issuing Office: City of Fort worth 200 Texas street Fort worth TX 76102 Street Address City State Zip Code 1600 Glasgow Rd. Fort worth TX 76134 Actual Worksite Address City State Zip Code Rashad 3ackson Community Center supervisor Nov 21, 2021 Employer Representative Name Title Date Effective date of Contract: -12/10/2021-------- -- - Assigned Work Experience Site Supervisor's Name: Rashad 3ackson Assigned Work Experience Site Contact Number: 817-392-2580 Assigned Work Experience Site Contact E-mail: Rashad.3ackson@fortworthtexas.gov This agreement is made between Workforce Solutions for Tarrant County authorized agent, and The City of Fort Worth; hereafter, referred to as "work experience site", for Work Experience/Subsidized Employment/Transitional Jobs participation under the Workforce Investment& Opportunity Act& Personal Responsibility Act and/or the TANF Emergency Contingency Fund. OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX An equal opportunity employer/program. Auxiliary aids and services are available,upon request,to individuals with disabilities. (TDDIM)1-800-RELAYTX DocuSign Envelope ID:98=306-FA06-4MC-82AD-01 E91385179D2 Purpose of the Program The purpose of the Workforce Solutions for Tarrant County Work Experience/Subsidized Employment/Transitional Jobs activity is to provide opportunities to customers with limited or no work experience and effective comprehensive services that improve leadership abilities and provide customers with exposure to the world of work, these services will improve employability of customers to ensure self-sufficiency is achieved. This program serves Youth (ages 16 to 24) and Adults(ages 18 and older). Wages are paid by Workforce Solutions for Tarrant County. The work experience site is not required to retain the customer upon completion of the program, but employment opportunities are encouraged. Work Experience Site Conditions and Requirements The following responsibilities are made a part of this agreement. 1. Work Experience Site's assigned supervisor(s)/mentor(s)must go through a supervisor's/mentor's orientation prior to any placement. 2. Submit a written job description/expected performance (will become part of agreement) prior to any placement. 3. Provide supervision (and if required), safety training, supplies and equipment to perform the work. 4. Accurately report work hours using the Youth/Adult Work Experience Payroll Timesheet. 5. Evaluate each customer's performance. 6. Contact Workforce Solutions for Tarrant County's contact person when customer or training related problems occur. 7. Notify Workforce Solutions for Tarrant County if or when a change in supervision occurs. 8. A Work Experience Site: • May not displace a current employee to replace with a Work Experience/Subsidized Employment/Transitional Jobs customer(including partial displacement such as reduction in the hours or overtime work,wages, or employment benefits). • May not assign customers to perform work that: a.) engages in political patronage, lobbying or other political activities;b.)are of a religious or anti-religious organization; or c.)partake in any tasks not allowed under Child Labor Laws. • Must comply with the Non-Traditional Employment Act of 1991. • May not compromise existing contracts for services or collective bargaining agreement,and the Work Experience/Subsidized Employment/Transitional Jobs customer may not be inconsistent with the terms of any collective bargaining agreement without the written concurrence of the labor organization. • Shall not use a customer to fill a job opening (1)when another individual is on layoff from the same or substantially equivalent job, or(2)when the work experience site has terminated the employment of any regular employee or otherwise reduced its workforce with the intention of filling the vacancy so created by utilizing Work Experience/Subsidized Employment/Transitional Jobs whose wages are subsidized at current minimum wage level • No work experience site officer or employee will allow the placement of a member of his/her immediate family under his/her supervision. Immediate family includes: wife,husband,mother, father,brother, sister, son, daughter,brother-in-law, sister-in-law, aunt,uncle, cousin,nephew,niece, step-parent or step-child. • May not create jobs for customer in a promotional line that will infringe in any way upon the promotional opportunities of currently employed individuals. • A Work Experience/Subsidized Employment/Transitional Jobs customer will not be denied training or other job opportunities and benefits because of race,color, sex,national origin, disability,political affiliation or beliefs, or age. • Shall comply with the Americans with Disabilities Act(ADA), and the Drug Free Work Place Act. • A Work Experience/Subsidized Employment/Transitional Jobs customer shall not participate in activities that occur in a casino or other gambling establishments, aquarium, zoo, golf course, or swimming pool. An equal opportunity employer/program. Auxiliary aids and services are available,upon request,to individuals with disabilities. (TDD/TTY)1-800-RELAYTX DocuSign Envelope ID:98=306-FA06-4MC-82AD-01 E91385179D2 Workforce Solutions for Tarrant County's Responsibilities Workforce Solutions for Tarrant County will: 1 Agent will provide group or individual orientation to the Employer's Direct Supervisor/Mentor and the Alternate Supervisor/Mentor,prior to the assignment of a Trainee to a work site. Such orientation will include the objectives of the program, supervisory responsibilities,training responsibilities,record keeping and DOL regulations. 2. Agent will use the Trainee's component enrollment and objective assessment results to assist with the Trainee's assignment to a work site training slot. 3. Agent will assign a single point of contact that will assist the Employer with the identification and resolution of training issues and any questions/concerns. 4. Agent will monitor work sites for compliance with all objectives of the program, supervisor responsibilities, training responsibilities,record keeping, and DOL regulations including Child Labor Laws when applicable. 5. Agent will pay all Subsidized Trainee wages for the scheduled work hours as stated on the Placement Authorization Form(provided by the participant) and in accordance with current Federal Minimum Wage Regulations. Please note any hours and/or days above what is indicated will be the sole responsibility of the employer. 6. Agent will maintain a current Worker's Compensation Policy for all Trainees(copy of report provided in Supervisor Handbook). 7. Agent may provide,at no cost to the Employer,all safety equipment required for the Training contingent upon funding. Termination of Customer Customer(s) must adhere to Work Experience Site's personnel policies. A work experience site can request that a customer be terminated, for just cause, at any time. Workforce Solutions for Tarrant County is available at all times should problems arise and will attempt to resolve the problem to the worksite's satisfaction. Accidents (Liability Insurance) Workforce Solutions for Tarrant County covers the customer's worker's liability insurance in the event an accident occurs on the work experience site. In case of an accident,the worksite must ensure medical services are rendered immediately and notify emergency contact persons. Worksite must also notify Workforce Solutions for Tarrant County and Unique HR Risk Management Department (800) 824-8367 within 24 hrs of any accident. After hours or on weekends, call (361) 877-3357. Customer Evaluations Workforce Solutions for Tarrant County and work experience site supervisor/mentor will conduct a joint evaluation of customer's performance every ninety days while enrolled in the program. PROCEDURES FOR EVALUATION: 1. The same supervisor/mentor must evaluate the customer throughout the work experience period,unless a change in supervisor/mentor occurs and is documented. 2. Customer must remain performing the same work throughout the evaluation period. 3. A final evaluation must be completed for each participant at the conclusion of their employment experience. An equal opportunity employer/program. Auxiliary aids and services are available,upon request,to individuals with disabilities. (TDD/TTY)1-800-RELAYTX DocuSign Envelope ID:98=306-FA06-4MC-82AD-01 E91385179D2 Monitoring Activities Workforce Solutions for Tarrant County will monitor worksite for: 1. Procedures and/or controls to record and maintain accurate time and attendance records. 2. Completed evaluations. 3. General work conditions(safety, sanitary, etc.). 4. Supervisor/mentor to customer ratio (if applicable) and presence of supervision. 5. Status of worksite as an equal employment opportunity employer, and compliance with ADA. Customer Compensation 1. Workforce Solutions for Tarrant County does not pay overtime nor holiday hours for customers. 2. Customers will be compensated in accordance with the Fair Labor Standards Act. Other 1. All forms incorporated herein by reference shall be construed as part of this agreement. 2. Workforce Solutions for Tarrant County reserves the right to remove customers from the worksite(s) if any EEOC violations occur. 3. Any hours and/or days above what is indicated in the Placement Authorization Form,will be the sole responsibility of the employer.411- (Initials) Termination of Agreement This agreement is in effect,when the signatures of duly authorized representatives of the Work Experience Site Provider and Workforce Solutions for Tarrant County are affixed, and shall be in force until terminated in writing by either party. te& 4-A'�'r Rashad 7ackson Rashad Jackson(Nov 21,2021 22:38 CST) Work Experience Site Authorized Signature Work Experience Site Authorized Representative (Print Name) Community Center Supervisor Nov 21, 2021 Title Date LGZGLtD lI a Mel Lamonica Miles(Nov 22,202112:34 CST) Lamonica Miles Workforce Solutions for Tarrant County Authorized Authorized Representative Signature (Print Name/) Business Liaison Nov 22, 2021 Title Date 11urc! LL Marc THompson(Nov 2 ,202112:35 CST) Marc Thom Son Deputy Director of Business Solutions Authorized Representative Signature (Print Name) Deputy Director of Business Solutions Nov 22, 2021 Title Date An equal opportunity employer/program. Auxiliary aids and services are available,upon request,to individuals with disabilities. (TDD/TTY)1-800-RELAYTX DocuSign Envelope ID:98=306-FA06-4MC-82AD-01 E9B85179D2 WORKFORCE SOLUTIONS 1'a-URRAW COUW' A proud partner of the Amer ari JobCenter'oetwork Work Experience/Subsidized Employment/Transitional Jobs Training Supervisor/Mentor Handbook Orientation Work Experience is a training and work experience opportunity involving placement of a Workforce Center program participant in a subsidized or unsubsidized position with designated hours,tasks,and staff supervision. The purpose of Work Experience training is to improve the employability of a participant who has been unable to secure employment due to their limited work history, skills, or education. Work Experience training provides an actual "hands on"training and employment experience relevant to the trainee's employment goal. In addition to learning about specific job skills, trainees also gain experience as an "employee"and learn about workplace expectations and behaviors. The goal of the Work Experience is to provide the trainee an opportunity to acquire marketable work skills and training which he or she can utilize to secure unsubsidized employment. As a supervisor/mentor,your objective is to provide meaningful training and work experience that will increase skills, instill work ethics,encourage responsibility,and expand the knowledge of the world of work for the trainee. As a supervisor/mentor,you will be expected to be a positive mentor and role model who encourages the trainee to succeed in this training opportunity. The partnership of the supervising team will determine the degree of success for this program,its trainees,the community, and our future workforce. The information listed below has been included in the supervision orientation: 1. The review and understanding of Work Experience Training Agreement and all required forms for placement. 2. To review and comply with Work Experience Placement Authorization,such as,start and end date of agreement,total allocated training hours,hours per week,and work week schedule.Any hours and/or days above what is indicated will be the sole responsibility of the Employer. 3. Supervisor responsibilities and understanding of EEO laws,grievance procedures and injury reporting procedures. 4. Time sheet verification. If any variation to work week schedule occurs,list explanation under comments section of timesheet. 5. Telephone number of designated specialized programs staff and emergency number for reporting an accident. I have attended the supervisor/mentor orientation for the Work Experience Training Program and received Work Experience Supervisor/Mentor Handbook. I accept the responsibilities and objectives of the program. I further understand that a placement of a person for subsidized work experience cannot occur until a Placement Authorization Form has been signed and delivered with other required documentation as noted in the Work Experience agreement. Nov 21 2021 Rashad Jackson(Nov 21,202122:38 CST) Training Worksite Supervisor's Signature Date Alternate Supervisor's Signature Date lawml� a RlZeI Nov 22 2021 La mo nica Miles(Nov 22,2021 12:34 CST) Business Solutions Representative Signature Date Original:MD Copy:Training worksite, Center file An equal opportunity employer/program. Auxiliary aids and services are available,upon request,to individuals with disabilities. (TDD/TTY)1-800-RELAYTX ADDENDUM TO WORKSITE TRAINING EMPLOYER AGREEMENT BETWEEN THE CITY OF FORT WORTH AND WORKFORCE SOLUTIONS FOR TARRANT COUNTY This Addendum to Worksite Training Employer Agreement ("Addendum") is entered into by and between Workforce Solutions for Tarrant County ("Agent") and the City of Fort Worth ("City"), collectively the "parties", for Work Experience/Subsidized Employment/Transitional Jobs participation. The Contract documents shall include the following: 1. The Worksite Training Employer Agreement; and 2. This Addendum. Notwithstanding any language to the contrary in the Worksite Training Employer Agreement (the "Agreement"), the Parties hereby stipulate by evidence of execution of this Addendum below by a representative of each party duly authorized to bind the parties hereto, that the parties hereby agree that the provisions in this Addendum below shall be applicable to the Agreement as follows: 1. Term. The Agreement shall become effective on December 10, 2021 (the "Effective Date") and shall expire on November 30, 2026 (the "Expiration Date"), unless terminated earlier in accordance with the provisions of the Agreement or otherwise extended by the parties. The City and Agent agree, this Agreement shall automatically renew for five (5) additional one-year periods (each a"Renewal Term"). 2. Termination. a. Convenience. Either City or Agent may terminate the Agreement at any time and for any reason by providing the other party with 30 days written notice of termination. b. Breach.If either party commits a material breach of the Agreement,the non- breaching Party must give written notice to the breaching party that describes the breach in reasonable detail. The breaching party must cure the breach ten (10) calendar days after receipt of notice from the non-breaching party, or other time frame as agreed to by the parties. If the breaching party fails to cure the breach within the stated period of time, the non-breaching party may, in its sole discretion, and without prejudice to any other right under the Agreement, law, or equity, immediately terminate this Agreement by giving written notice to the breaching party. C. Fiscal Funding Out. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Agent of such occurrence and the Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. Addendum to Work Site Training Employer Agreement Page 1 of 5 Workforce Solutions for Tarrant County d. Duties and Obligations of the Parties. In the event that the Agreement is terminated prior to the Expiration Date, City shall pay Agent for services actually rendered up to the effective date of termination and Agent shall continue to provide City with services requested by City and in accordance with the Agreement up to the effective date of termination. Upon termination of the Agreement for any reason, Agent shall provide City with copies of all completed or partially completed documents prepared under the Agreement. In the event Agent has received access to City information or data as a requirement to perform services hereunder, Agent shall return all City provided data to City in a machine readable format or other format deemed acceptable to City. 3. Attorneys' Fees, Penalties, and Liquidated Damages. To the extent the attached Agreement requires City to pay attorneys' fees for any action contemplated or taken, or penalties or liquidated damages in any amount, City objects to these terms and any such terms are hereby deleted from the Agreement and shall have no force or effect. 4. Law and Venue.The Agreement and the rights and obligations of the parties hereto shall be governed by, and construed in accordance with the laws of the United States and state of Texas, exclusive of conflicts of laws provisions. Venue for any suit brought under the Agreement shall be in a court of competent jurisdiction in Tarrant County,Texas.To the extent the Agreement is required to be governed by any state law other than Texas or venue in Tarrant County, City objects to such terms and any such terms are hereby deleted from the Agreement and shall have no force or effect. 5. Sovereign Immunity_. Nothing herein constitutes a waiver of City's sovereign immunity. To the extent the Agreement requires City to waive its rights or immunities as a government entity; such provisions are hereby deleted and shall have no force or effect. 6. Indemnity. To the extent the Agreement requires City to indemnify or hold Agent or any third party harmless from damages of any kind or character, City agrees only to indemnify Agent to the extent allowed by law. 7. No Debt. In compliance with Article 11 § 5 of the Texas Constitution, it is understood and agreed that all obligations of City hereunder are subject to the availability of funds. If such funds are not appropriated or become unavailable, City shall have the right to terminate the Agreement except for those portions of funds which have been appropriated prior to termination. 8. Confidential Information. City is a government entity under the laws of the State of Texas and all documents held or maintained by City are subject to disclosure under the Texas Public Information Act. To the extent the Agreement requires that City maintain records in violation of the Act,City hereby objects to such provisions and such provisions are hereby deleted from the Agreement and shall have no force or effect.In the event there is a request for information marked Confidential or Proprietary, City shall promptly notify Agent. It will be the responsibility of Agent to submit reasons objecting to disclosure. A determination on whether such reasons are sufficient will not be decided by City, but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. Addendum to Work Site Training Employer Agreement Page 2 of 5 Workforce Solutions for Tarrant County 9. Addendum Controlling. If any provisions of the attached Agreement,conflict with the terms herein, are prohibited by applicable law, conflict with any applicable rule,regulation or ordinance of City,the terms in this Addendum shall control. 10. Immigration Nationality Act. Agent shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Agent shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Agent shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Agent employee who is not legally eligible to perform such services. AGENT SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY AGENT, AGENT'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Agent, shall have the right to immediately terminate this Agreement for violations of this provision by Agent. 11. No Boycott of Israel. If Agent has fewer than 10 employees or the Agreement is for less than$100,000,this section 11 does not apply.Agent acknowledges that in accordance with Chapter 2270 of the Texas Government Code, City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this Addendum, Agent certifies that Agent's signature provides written verification to City that Agent: (1) does not boycott Israel; and(2) will not boycott Israel during the term of the Agreement. 12. Right to Audit. With the exception of goods and services that are donated by Agent, or for which City has not paid any funds,Agent agrees that City shall,until the expiration of three (3) years after final payment under the Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Agent involving transactions relating to the Agreement. Agent agrees that City shall have access during normal working hours to all necessary Agent facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Agent reasonable advance notice of intended audits. 13. Electronic Signatures. This Agreement may be executed by electronic signature, which will be considered as an original signature for all purposes and have the same force and effect as an original signature. For these purposes, "electronic signature" means electronically scanned and transmitted versions (e.g. via pdf file or facsimile transmission) of an original signature, or signatures electronically inserted via software such as Adobe Sign. 14. The City is a governmental entity under the laws of the state of Texas and pursuant to Chapter 2259 of the Texas Government Code,entitled"Self-Insurance by Governmental Units," is self-insured and therefore is not required to purchase insurance. To the extent the Agreement requires City to purchase insurance, City objects to any such provision, the parties agree that any Addendum to Work Site Training Employer Agreement Page 3 of 5 Workforce Solutions for Tarrant County such requirement shall be null and void and is hereby deleted from the Agreement and shall have no force or effect. City will provide a letter of self-insured status if requested by Vendor. Executed this day of 52021. (signatures follow) Addendum to Work Site Training Employer Agreement Page 4 of 5 Workforce Solutions for Tarrant County CITY: City of Fort Worth Contract Compliance Manager: ' �16:23 ) By signing I acknowledge that I am the person (�fresponsible for the monitoring and administration of this contract,including ensuring all By:ValerieWashington(Nov24, performance and reporting requirements. Valerie Washington Assistant City Manager t By:Rashad Jackson(Nov 21,202122:38 CST) Date: NOV 24� 2�21 Rashad Jackson Community Center Supervisor Approval Recommended: Park&Recreation Department Richard Zayala Approved as to Form and Legality: By:Richard Zava la(Nov 23,202109:16 CST) Richard Zavala Director By:Nico AriaS(Nov 23,2021 13:51 CST) Park&Recreation Department Nico Arias Assistant City Attorney By: Sandra Youn d(Nov 19,202122:51 MST) Sandra Youngblood Assistant Director M&C:N/A Park&Recreation Department Form 1295:N/A Attest: �� °FORTaa�tA/ 00 0 1 ~o j4.1 AdBy: �v$ o dRonald P. Gonzales p o° ° �c�d Acting City Secretary a1a a ���'EXASoA" �nuaaoo WORKFORCE SOLUTIONS FOR TARRANT COUNTY: za/ffD&%R By:La m o n i ca Miles(Nov 22,202112:34 CST) Lamonica Miles Business Liaison AIA-re- ZW By:MarcTHompson(Nov2 ,202112:35CST) Marc Thompson Deputy Director of Business Solutions OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX Addendum to Work Site Training Employer Agreement Page 5 of 5 Workforce Solutions for Tarrant County