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HomeMy WebLinkAboutContract 60421CSC No.. 60421 WORKSITE TRAINING AGREEMENT FOR WORKFORCE SOLUTIONS FOR TARRANT COUNTY This WORKSITE TRAINING AGREEMENT ("Agreement') is made and entered into by and between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation, acting by and through its duly authorized Assistant City Manager, and WORKFORCE SOLUTIONS FOR TARRANT COUNTY, ("Employer"), a Non -Profit, and acting by and through its duly authorized Deputy Director, Marc Thompson, each individually referred to as a "party" and collectively referred to as the "parties." WHEREAS, Employer conducts the Workforce Solutions for Tarrant County Work Experience/Subsidized Employment/Transitional Jobs program ("Program") in order to provide opportunities to individuals with limited or no work experience ("Participants") with exposure to the world of work by providing an opportunity to participate in paid work experience; and WHEREAS, City believes that certain opportunities exist within the City to provide a worksite for Participants to participate in the Program; and WHEREAS, it is understood by both parties that Employer will be responsible for all wages to be paid to Participants under Program and that City is not required to retain or hire Participants upon completion of the Program; and WHEREAS, Employer and City believe that executing this agreement will provide a meaningful opportunity for a number of Participants while raising awareness of City functions and the programs offered by Employer. NOW THEREFORE, Employer and City hereby enter into the following Agreement: AGREEMENT DOCUMENTS: The Agreement documents include the following: 1. This Worksite Training Agreement; 2. Exhibit A — Scope of Services; and 3. Exhibit B — Participant Waiver 4. Exhibit C — Workforce Solutions for Tarrant County, Master Worksite Training Employer Agreement Exhibits A, B and C which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. In the event of any conflict between the terms and conditions of Exhibits A, B and/or C and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement will control. 1. SCOPE OF SERVICES. City will allow up to thirty participants to engage in specific assignments under the Tarrant County Work Experience/Subsidized Employment/Transitional Jobs program ("Program") at specified City of Fort Worth facilities, in accordance with this Agreement. Exhibit "A," - Scope of Services more specifically describes the services to be provided hereunder. OFFICIAL RECORD 2. TERM. CITY SECRETARY FT. WORTH, TX Worksite Training Agreement Page 1 of 18 This Agreement will begin on October 1, 2023 ("Effective Date") and will expire on September 30, 2024 ("Expiration Date"), unless terminated earlier in accordance with this Agreement. City will have the option, in its sole discretion, to renew this Agreement under the same terms and conditions, for up to four (4) one-year renewal options. 3. COMPENSATION AND CONSIDERATION. Neither Party will owe any amount of money for any reason whatsoever to the other Party for services rendered in connection with this Agreement. City will not be liable for, nor owe, any payment, fee, cost, penalty, or money for any other reason whatsoever to Employer or any Participant in Employer's program who performs any services in connection with this agreement. Employer will be solely responsible for any payment, cost, fee, or other benefit provided to the Participants in its Program and who provide services in connection with this Agreement. The Parties agree that there is good and valuable consideration from each party to the other and that each Party is providing a benefit through its performance of its duties hereunder to the other. In consideration for its performance, City recognizes that more people will become aware of City functions, and Participants will gain work and life experience which will benefit the City overall. hi consideration for its performance, Employer recognizes that its Participants will receive valuable work experience and become more familiar with City programs, departments, and functions. 4. TERMINATION. 4.1. Written Notice. City or Employer may terminate this Agreement at any time and for any reason by providing the other party with 30 days' written notice of termination without any penalty of any kind. 4.2 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, all services in connection with this Agreement will stop immediately. 5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION. 5.1 Disclosure of Conflicts. Employer hereby warrants to City that Employer has made full disclosure in writing of any existing or potential conflicts of interest related to Employer's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Employer hereby agrees immediately to make full disclosure to City in writing. 5.2 Confidential Information. Employer, for itself and its officers, agents and employees, agrees that it will treat all information provided to it by City ("City Information") as confidential and will not disclose any such information to a third parry without the prior written approval of City. 5.3 Unauthorized Access. Employer must store and maintain City Information in a secure manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Employer must notify City immediately if the security or integrity of any City Information has been compromised or is believed to have been compromised, in which event, Employer will, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and will fully cooperate with City to protect such City Information from further unauthorized disclosure. 6. RIGHT TO AUDIT. Worksite Training Agreement Page 2 of 18 Employer agrees that City will, until the expiration of three (3) years after expiration of this contract, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records, including, but not limited to, all electronic records, of Employer involving transactions relating to this Agreement at no additional cost to City. Employer agrees that City will have access during normal working hours to all necessary Employer facilities and will be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City will give Employer reasonable advance notice of intended audits. This provision will survive the expiration or termination of this Agreement. 7. INDEPENDENT CONTRACTOR. It is expressly understood and agreed that Employer and all participants in Employer's Program will operate as an independent contractors as to all rights and privileges and work performed under this Agreement, and not as agent, representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Employer will have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, participants, servants, employees, consultants and subcontractors. Employer acknowledges that the doctrine of respondeat superior will not apply as between City, its officers, agents, servants and employees, and Employer, its officers, agents, participants, employees, servants, contractors and subcontractors. Employer further agrees that nothing herein will be construed as the creation of a partnership or joint enterprise between City and Employer. Neither Employer, nor any officers, agents, participants, servants, employees or subcontractors of Employer will be entitled to any employment benefits from City. Employer will be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, participants, servants, employees or subcontractors. 8. NO JOINT EMPLOYMENT The Participants selected by Employer will be and shall remain employees or contractors of Employer, reporting solely to Employer, and Employer will provide for and pay the compensation and other benefits of such personnel, including salary, health, accident and worker's compensation benefits and all taxes and contributions that an employer is required to pay with respect to the employment of employees. Employer's personnel performing services shall have a duty of loyalty to Employer. Employer shall determine the terms of employment for its respective personnel in accordance with its standard practices, including hiring and firing. All Employer's personnel assigned to perform services under this agreement shall be required to sign an acknowledgement in form reasonably acceptable to Employer and City that provides that although such personnel may work with employees of City, (i) they are employees of Employer only and (ii) they are expected to follow the policies, procedures and direction of Employer. Such direction may include that Participants are required by Employer to comply with the policies of the City while working at City facilities; however, that direction will not change the status of such Participants, as set out specifically in this paragraph. 9. LIABILITY AND INDEMNIFICATION. 9.1 LIABILITY - EMPLOYER WILL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT Worksite Training Agreement Page 3 of 18 ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF EMPLOYER, ITS OFFICERS, PARTICIPANTS, AGENTS, SERVANTS OR EMPLOYEES. 9.2 GENERAL INDEMNIFICATION - EMPLOYER HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROMAND AGAINST ANYAND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO EMPLOYER'S BUSINESS AND ANY RESULTING LOST PROFITS), CONTRACTUAL DISPUTES FROM PARTICIPANTS, AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. THIS SPECIFICALL Y INCL UDES ANY LIABILITY. CLAIMS. LA WSUITS. DAMAGES. OR OTHER COSTS OF ANY KIND OR CHARACTER THAT ARE CAUSED BY ANY ACTION OR OMISSION BY CITY. CITY'S OFFICERS. EMPLOYEES. OR SUBCONTRACTORS IN CONNECTION WITH THIS AGREEMENT., 9.3 This section will survive the expiration or termination of this Agreement. 10. ASSIGNMENT AND SUBCONTRACTING. 10.1 Assiariment. Employer will not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of City. If City grants consent to an assignment, the assignee will execute a written agreement with City and Employer under which the assignee agrees to be bound by the duties and obligations of Employer under this Agreement. Employer and Assignee will be jointly liable for all obligations of Employer under this Agreement prior to the effective date of the assignment. 10.2 Subcontract. If City grants consent to a subcontract, subcontractor must execute a written agreement with Employer referencing this Agreement under which subcontractor will agree to be bound by the duties and obligations of Employer under this Agreement as such duties and obligations may apply. Employer must provide City with a fully executed copy of any such subcontract. 11. INSURANCE. Employer must provide City with certificate(s) of insurance documenting policies of the following types and minimum coverage limits that are to be in effect prior to commencement of any work pursuant to this Agreement: 11.1 Coverase and Limits (a) Commercial General Liability: $1,000,000 - Each Occurrence $2,000,000 - Aggregate (b) Automobile Liability: $1,000,000 - Each occurrence on a combined single limit basis Worksite Training Agreement Page 4 of 18 Coverage will be on any vehicle used by Employer, its employees, agents, or representatives in the course of providing services under this Agreement. "Any vehicle" will be any vehicle owned, hired and non -owned. (c) Worker's Compensation: Statutory limits according to the Texas Workers' Compensation Act or any other state workers' compensation laws where the work is being performed Employers' liability $100,000 - Bodily Injury by accident; each accident/occurrence $100,000 - Bodily Injury by disease; each employee $500,000 - Bodily Injury by disease; policy limit (d) Professional Liability (Errors & Omissions): $1,000,000 - Each Claim Limit $1,000,000 - Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability (CGL) policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage must be claims -made, and maintained for the duration of the contractual agreement and for two (2) years following completion of services provided. An annual certificate of insurance must be submitted to City to evidence coverage. 11.2 General Reauirements (a) The commercial general liability and automobile liability policies must name City as an additional insured thereon, as its interests may appear. The term City includes its employees, officers, officials, agents, and volunteers in respect to the contracted services. (b) The workers' compensation policy must include a Waiver of Subrogation (Right of Recovery) in favor of City. (c) A minimum of Thirty (30) days' notice of cancellation or reduction in limits of coverage must be provided to City. Ten (10) days' notice will be acceptable in the event of non-payment of premium. Notice must be sent to City of Fort Worth, Attn: Christine Hernandez, Human Resources Manager, 200 Texas Street, Fort Worth, Texas 76102, with copies to the Fort Worth City Attorney at the same address. (d) The insurers for all policies must be licensed and/or approved to do business in the State of Texas. All insurers must have a minimum rating of A- VII in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. (e) Any failure on the part of City to request required insurance documentation will not constitute a waiver of the insurance requirement. Worksite Training Agreement Page 5 of 18 (f) Certificates of Insurance evidencing that Employer has obtained all required insurance will be delivered to the City prior to Employer proceeding with any work pursuant to this Agreement. 12. COMPLIANCE WITH LAWS. ORDINANCES. RULES AND REGULATIONS. Employer agrees that in the performance of its obligations hereunder, it will comply with all applicable federal, state and local laws, ordinances, rules and regulations and that any work it produces in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies Employer of any violation of such laws, ordinances, rules or regulations, Employer must immediately desist from and correct the violation. 13. NON-DISCRIMINATION COVENANT. Employer, for itself, its personal representatives, participants, assigns, subcontractors and successors in interest, as part of the consideration herein, agrees that in the performance of Employer's duties and obligations hereunder, it will not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY EMPLOYER, ITS PERSONAL REPRESENTATIVES, PARTICIPANTS, ASSIGNS, SUB EMPLOYERS OR SUCCESSORS IN INTEREST, EMPLOYER AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 14. NOTICES. Notices required pursuant to the provisions of this Agreement will be conclusively determined to have been delivered when (1) hand -delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: City of Fort Worth Attn: Jesica McEachern, Assistant City Manager 200 Texas Street Fort Worth, TX 76102-6314 Facsimile: (817) 392-8654 With copy to Fort Worth City Attorney's Office at same address 15. GOVERNMENTAL POWERS. To EMPLOYER: Marc Thompson Deputy Director, Business Solutions Workforce Solutions for Tarrant County 1320 S. University Dr., Suite 600 Fort Worth, TX 76107 Facsimile: 817-222-6318 It is understood and agreed that by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. 16. NO WAIVER. Worksite Training Agreement Page 6 of 18 The failure of City or Employer to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein does not constitute a waiver of City's or Employer's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 17. GOVERNING LAW / VENUE. This Agreement will be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 18. SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. 19. FORCE MAJEURE. City and Employer will exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but will not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance, or regulation; acts of God; acts of the public enemy; fires; strikes; lockouts; natural disasters; wars; riots; epidemics or pandemics; government action or inaction; orders of government; material or labor restrictions by any governmental authority; transportation problems; restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any States; civil disturbances; other national or regional emergencies; or any other similar cause not enumerated herein but which is beyond the reasonable control of the Party whose performance is affected (collectively, "Force Majeure Event"). The performance of any such obligation is suspended during the period of, and only to the extent of, such prevention or hindrance, provided the affected Party provides notice of the Force Maj eure Event, and an explanation as to how it prevents or hinders the Party's performance, as soon as reasonably possible after the occurrence of the Force Majeure Event, with the reasonableness of such notice to be determined by the City in its sole discretion. The notice required by this section must be addressed and delivered in accordance with Section 14 of this Agreement. 20. HEADINGS NOT CONTROLLING. Headings and titles used in this Agreement are for reference purposes only, will not be deemed a part of this Agreement, and are not intended to define or limit the scope of any provision of this Agreement. 21. REVIEW OF COUNSEL. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this Agreement or Exhibits A, B, and C. 22. AMENDMENTS/ MODIFICATIONS/ EXTENSIONS. No amendment, modification, or extension of this Agreement will be binding upon a party hereto unless set forth in a written instrument, which is executed by an authorized representative of each party. Worksite Training Agreement Page 7 of 18 23. COUNTERPARTS. This Agreement may be executed in one or more counterparts and each counterpart will, for all purposes, be deemed an original, but all such counterparts will together constitute one and the same instrument. 24. IMMIGRATION NATIONALITY ACT. Employer must 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, Employer will provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Employer must adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Employer employee who is not legally eligible to perform such services. EMPLOYER WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY EMPLOYER, EMPLOYER'S EMPLOYEES, SUBCONTRACTORS, PARTICIPANTS, AGENTS, OR LICENSEES. City, upon written notice to Employer, will have the right to immediately terminate this Agreement for violations of this provision by Employer. 25. OWNERSHIP OF WORK PRODUCT. City will be the sole and exclusive owner of all reports, work papers, procedures, guides, and documentation, created, published, displayed, and/or produced in conjunction with the services provided under this Agreement (collectively, "Work Product"). Further, City will be the sole and exclusive owner of all copyright, patents, trademark, trade secret and other proprietary rights in and to the Work Product. Ownership of the Work Product will inure to the benefit of City from the date of conception, creation or fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each copyrightable aspect of the Work Product will be considered a "work -made -for -hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work Product, or any part thereof, is not considered a "work -made -for -hire" within the meaning of the Copyright Act of 1976, as amended, Employer hereby expressly assigns to City all exclusive right, title and interest in and to the Work Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret, and all other proprietary rights therein, that City may have or obtain, without further consideration, free from any claim, lien for balance due, or rights of retention thereto on the part of City. 26. SIGNATURE AUTHORITY. The person signing this Agreement hereby warrants that he/she has the legal authority to execute this Agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. This Agreement and any amendment hereto, may be executed by any authorized representative of Employer whose name, title, and signature is affixed on the Signature Page of this Agreement. Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. Any signature delivered by a party by facsimile or other electronic transmission (including email transmission of a portable file (pdf) or similar image) shall be deemed to be an original signature hereto. 27. CHANGE IN COMPANY NAME OR OWNERSHIP Worksite Training Agreement Page 8 of 18 Employer must notify City's Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of Employer or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact future invoice payments. 28. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL If Employer has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Employer acknowledges that in accordance with Chapter 2271 of the Texas Government Code, the 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" has the meanings ascribed to those terms in Section 2271 of the Texas Government Code. By signing this Agreement, Employer certifies that Employer's signature provides written verification to the City that Employer: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. 29. PROHIBITION ON BOYCOTTING ENERGY COMPANIES. Employer acknowledges that, in accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Employer certifies that Employer's signature provides written verification to the City that Employer: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 30. PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES. Employer acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Employer certifies that Employer's signature provides written verification to the City that Employer: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade Worksite Training Agreement Page 9 of 18 association during the term of this Agreement. 31. 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. 32. ENTIRETY OF AGREEMENT. This Agreement, including Exhibits A, B and C, contains the entire understanding and agreement between City and Employer, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. Nothing herein is intended and should not be construed to create any third -party beneficiaries to this Agreement. (signature page follows) Worksite Training Agreement Page 10 of 18 ACCEPTED AND AGREED: CITY OF FORT WO TH: CONTRACT CO LIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and By. Name: Jesica McEachern reporting requirements. Title: Assistant City Manager Date: Nov 6, 2023 By: Vanessa Hottman (Oct 17, 202316:36 CDT) Name: Vanessa Hottman APPROVAL RECO NDED: Title: Interim Human Resources Manager 'Diaiyia M. Giodallo By: Dianna M. Giordano (Oct 25,202316:19 CDT) Name: Dianna Giordano Title: Director, Human Resources pb44UR4b ATTEST: p FFOR%4V� �o PVa 9 gm,A,ns�, A .�cSteAu �aR� nEXAgoOo By: l//1 Name: Jannette Goodall Title: City Secretary EMPLOYER: Narc TGhomoson By: Marc Thompson (Oct 11, 2b2314:36 CDT) Name: Marc Thompson Title: Deputy Director, Business Solutions Date: Oct 11, 2023 APPROVED AS TO FORM AND LEGALITY: By: uJ Name: Jessika Williams Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: N/A 1295: N/A OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Worksite Training Agreement Page 11 of 18 EXHIBIT A SCOPE OF SERVICES A. Worksite availability: 1. Participant placement will be based upon identified needs. 2. All work will take place at City of Fort Worth Facilities or properties. 3. Only Participants ages 17 and over are eligible for placement at City worksites. 4. Participants will not work more than forty (40) hours per week. B. City requirements prior to participant's arrival: 1. Unless Participant has completed all CJIS requirements, the Participant must be escorted by a City employee at all times when in any CJIS secured area —regardless of whether a computer terminal is present. 2. Participant must provide a signed and notarized waiver included as Exhibit B. 3. In the event that a background check or drug screening is required of Participant, Employer will be responsible for providing these services and will solely be responsible for any related fees and will be responsible for providing to a Participant any notices or copies of documents required by law. C. City's Requirements: 1. City's supervisor(s)/mentor(s) must go through a supervisor's/mentor's orientation prior to any placement. 2. Provide supervision (and if required), safety training, supplies and equipment to perform the work. 3. Record and report work hours using the Youth Work Experience Payroll Timesheet. Submit timesheet to Employer for processing. 4. Evaluate each participant's performance on a weekly basis. City will also provide a performance analysis of each participant at the end of the program. 5. "Contact Employer's contact person when problems occur related to any Participant or training." 6. Notify Employer if or when change in supervision occurs. 7. May not assign a participant to perform work that: a.) engages in political patronage, lobbying or other political activities; b.) is of a religious or anti -religious organization; or c.) involves any task not allowed under applicable Child Labor Laws. 8. Will not use a participant to fill a job opening (1) when another individual is on layoff from the same or substantially equivalent job, or (2) when the City has terminated the employment of any regular employee or otherwise reduced its workforce with the intention of filling the vacancy so created by utilizing a participant. 9. May not create jobs for participants in a promotional line that will infringe in any way upon the promotional opportunities of currently employed individuals. 10. Will comply with the Americans with Disabilities Act (ADA), and the Drug Free Work Place Act, to the extent such laws are applicable. 11. A participant will not participate in activities that occur in a casino or other gambling establishments, aquarium, zoo, golf course, or swimming pool. D. Employer's Requirements: Worksite Training Agreement Page 12 of 18 1. Provide group or individual orientation to the City's Direct Supervisor/Mentor and the Alternate Supervisor/Mentor, prior to the assignment of a participant to a work site. Such orientation will include the objectives of the program, supervisory responsibilities, training responsibilities, record keeping and DOL regulations. 2. Use the Trainee's component enrollment and objective assessment results to assist with the Participant's assignment to a work site training slot. 3. Assign a single point of contact that will assist the City with the identification and resolution of training issues and any questions/concerns. 4. 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. Pay all participant wages, taxes, and all benefits of any kind, if applicable, 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. All participants must be paid in accordance with applicable laws and regulations. 6. Maintain a current Worker's Compensation Policy and other required insurance and coverage for all participants (copy of report provided in Supervisor Handbook) 7. Prior to placement, Employer will require each participant who will be placed with the City to execute a Waiver, as attached as Exhibit C, and will provide the original copy to the City. For participants younger than 18, their parent and/or legal guardian will be required to sign the Waiver on their behalf. E. Termination of Participant from Worksite: Participants may be terminated from the worksite by the Employer at any time and for any reason whatsoever without any penalty to the City. City will notify Employer of any participant whose participation under this agreement the City wants Employer to end, as soon as practicable once that decision has been made by the City. Employer may remove any participant from the worksite at any time for any reason whatsoever without any penalty to Employer. The decision to terminate the employment of a Participant is solely the decision of Employer. Employer will notify City of removal or termination of employment as soon as practicable once the decision has been made by Employer. Worksite Training Agreement Page 13 of 18 EXHIBIT B PARTICIPANT WAIVER Each Participant who is an adult and legally able will sign the waiver below and return a signed, notarized original to the City prior to beginning any work at the City. CITY OF FORT W TH WAIVER, RELEASE, AND INDEMNITY AGREEMENT I, . am at least 18 years of age and, for myself, my heirs and assigns, hereby affirm that I am aware that my participation in the Workforce Solutions for Tarrant County Work Experience/Subsidized Employment/Transitional Jobs program ("Program") solely managed by Workforce Solutions of Tarrant County, but partly taking place at a worksite location owned by the City of Fort Worth ("City") primarily at <INSERT PRIMARY LOCATION> ("Facility") in Fort Worth, Texas and other City -owned locations, has inherent risks which may result in serious injury or death. As a condition precedent to participating in the Program and entering onto the City's property, I confirm that I understand and accept all risks, dangers and hazards presented by my participation in the Program, and I am participating in these activities freely and voluntarily. In consideration of being permitted to participate in the Program specifically at a City Facility, I hereby assume all risk of harm and injury to myself and others, as well as to the property of others, which may result from my participation in the Program, regardless of the cause or blame. I agree to act in a reasonable and cautious manner in all aspects of my participation in the Program. Further, I, for myself, my heirs and assigns, in consideration of being able to utilize the Facility and participate in the Program, do hereby FOREVER RELEASE AND WAIVE all claims against the City of Fort Worth, its officers, agents and employees, for injuries, death or property damage which may arise from my use or presence at the Facility. This waiver and release is intended to release and forever discharge the Citv of Fort Worth, its officers, servants, agents and emnlovees from anv and all claims, actions, causes of action, damages, losses or expenses, including attornev's fees whether real or asserted, of every kind or character, arising out of my use of the Facilitv, including going to and from such Facilitv. I, for myself, my heirs and assigns, hereby assume the risk of all conditions of the Facility, dangerous or otherwise, all occurrences that may be encountered while using or going to or from such Facility and waive any and all specific notice of the existence of such conditions or occurrences. This waiver is intended to release the Citv of Fort Worth, its officers, servants, agents and emnlovees even if said iniuries, death or other damages are caused in whole or in Dart by the alleged acts of commission, omission, negligence or fault of the Citv of Fort Worth, its officers, servants, agents or emulovees. I, for myself, and my heirs and assigns hereby assume all responsibility and liability for such injuries or damages, including death, and hereby covenant not to sue the entities and parties named above for such injuries or damages. I FURTHER AGREE TO INDEMNIFY AND DEFEND THE CITY AND HOLD THE CITY HARMLESS FROM ALL CLAIMS, TOGETHER WITH ALL COSTS, EXPENSES, AND LEGAL FEES IN DEFENDING ALL CLAIMS DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO MY USE OF THE FACILITY. THIS INDEMNITY PROVISION (INCLUDING, W THOUT LIMITATION, INDEMNITY FOR COSTS, EXPENSES AND LEGAL FEES) IS SPECIFICALLY INTENDED TO OPERATE AND BE APPLICABLE EVEN IF IT IS ALLEGED OR PROVED THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED AS A W E OR IN PART BY ANY ACT, OMISSION, NEGLIGENCE, GROSS NEGLIGENCE, BREACH OF CONTRACT, INTENTIONAL CONDUCT, VIOLATION OF STATUTE OR COMMON LAW, BREACH OF WARRANTY, PRODUCT DEFECT, STRICT PRODUCT LIABILITY, OR ANY Worksite Training Agreement Page 14 of 18 OTHER CONDUCT WHATSOEVER OF THE CITY. I REALIZE THAT BY SIGNING THIS AGREEMENT, I AM GIVING UP MY RIGHT TO SUE THE CITY FOR INJURY, DEATH OR DAMAGE I MAY SUFFER AT THE EVENT. IF ANY COURT FINDS A PORTION OF THIS AGREEMENT TO BE INVALID, THE REMAINDER OF THE AGREEMENT WILL NOT BE AFFECTED. I have read this Waiver, Release, and Indemnity Agreement and fully understand its terms, provisions and conditions. I have not been influenced to any extent whatsoever by any representations, agreements, promises, or statements not contained within this agreement. Dated this day of , 20 Participant's Signature Address City, State and Zip Code Telephone State of Texas County of Tarrant This document was acknowledged before me on by Notary Public Date [REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] Worksite Training Agreement Page 15 of 18 Each Participant who is either not an adult or otherwise legally unable to complete a waiver individually, will have a legal parent or guardian complete a copy of the waiver below and return a signed, notarized original copy to the City prior to beginning any work at the City. CITY OF FORT WORTH WAIVER, RELEASE, AND INDEMNITY AGREEMENT I, , on behalf of , for whom I am a the legal guardian, for myself, , my heirs and assigns, hereby affirm that I am aware that is participation in the Workforce Solutions for Tarrant County Work Experience/Subsidized Employment/Transitional Jobs program ("Program") solely managed by Workforce Solutions of Tarrant County, but partly taking place at a worksite location owned by the City of Fort Worth ("City") primarily at ("Facility") in Fort Worth, Texas and other City -owned locations, has inherent risks which may result in serious injury or death. As a condition precedent to participating in the Program and entering onto the City's property, I confirm that I understand and accept all risks, dangers and hazards presented by is participation in the Program, and I am allowing to participate in these activities freely and voluntarily. In consideration of being permitted to participate in the Program specifically at a City Facility, I hereby assume all risk of harm and injury to , myself and others, as well as to the property of others, which may result from 's participation in the Program, regardless of the cause or blame. I agree to require that act in a reasonable and cautious manner in all aspects of is participation in the Event. Further, I, for , myself, my heirs and assigns, in consideration of being able to utilize the Facility and participate in the Program, do hereby FOREVER RELEASE AND WAIVE all claims against the City of Fort Worth, its officers, agents and employees, for injuries, death or property damage which may arise from is use or presence at the Facility. This waiver and release is intended to release and forever discharge the Citv of Fort Worth, its officers, servants, agents and emplovees from anv and all claims, actions, causes of action, damages. losses or expenses. including attornev's fees whether real or asserted, of every kind or character, arising out of 'sl use of the Facilitv. including going to and from such Facilitv. I, for myself, , my heirs and assigns, hereby assume the risk of all conditions of the Facility, dangerous or otherwise, all occurrences that may be encountered while using or going to or from such Facility and waive any and all specific notice of the existence of such conditions or occurrences. This waiver is intended to release the Citv of Fort Worth, its officers, servants, agents and em0ovees even if said iniuries, death or other damages are caused in whole or in part by the alleued acts of commission, omission, negligence or fault of the Citv of Fort Worth, its officers, servants. agents or emplovees. I, for myself, , and my heirs and assigns hereby assume all responsibility and liability for such injuries or damages, including death, and hereby covenant not to sue the entities and parties named above for such injuries or damages. I FURTHER AGREE TO INDEMNIFY AND DEFEND THE CITY AND HOLD THE CITY HARMLESS FROM ALL CLAIMS, TOGETHER WITH ALL COSTS, EXPENSES, AND LEGAL FEES IN DEFENDING ALL CLAIMS DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO 's USE OF THE FACILITY. THIS INDEMNITY PROVISION (INCLUDING, WITHOUT LIMITATION, INDEMNITY FOR COSTS, EXPENSES AND LEGAL FEES) IS SPECIFICALLY INTENDED TO OPERATE AND BE APPLICABLE EVEN IF IT IS ALLEGED OR PROVED THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED AS A WHOLE OR IN PART BY ANY ACT, OMISSION, NEGLIGENCE, GROSS NEGLIGENCE, BREACH OF CONTRACT, INTENTIONAL CONDUCT, VIOLATION OF STATUTE OR Worksite Training Agreement Page 16 of 18 COMMON LAW, BREACH OF WARRANTY, PRODUCT DEFECT, STRICT PRODUCT LIABILITY, OR ANY OTHER CONDUCT WH TSOEVER OF THE CITY. I REALIZE THAT BY SIGNING THIS AGREEMENT, I AM GIVING UP MY RIGH TO SUE THE CITY FOR INJURY, DEATH OR DAMAGE I MAY SUFFER AT THE EVENT. IF ANY COURT FINDS A PORTION OF THIS AGREEMENT TO BE INVALID, THE REMAINDER OF THE AGREEMENT WILL NOT BE AFFECTED. I have read this Waiver, Release, and Indemnity Agreement and fully understand its terms, provisions and conditions. I have not been influenced to any extent whatsoever by any representations or statements not contained within this agreement. Dated this day of 920 Legal Guardian's Signature Address City, State and Zip Code Telephone State of Texas County of Tarrant This document was acknowledged before me on by Notary Public Date [REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] Worksite Training Agreement Page 17 of 18 EXHIBIT C WORKFORCE SOLUTIONS FOR TARRANT COUNTY, MASTER WORKSITE TRAINING EMPLOYER AGREEMENT (ATTACHED) Worksite Training Agreement Page 18 of 18 WORKFORCE SOLUTIONS `Po" rvxeatrr Coutar A proud partner of the Amerf anJobCenter'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: Name of Employer Street Address City State Zip Code Actual Worksite Address City State Zip Code Employer Representative Name Title Date Effective date of Contract: Assigned Work Experience Site Supervisor's Name: Assigned Work Experience Site Contact Number: This agreement is made between Workforce Solutions for Tarrant County authorized agent, and ; 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. An equal opportunity employer/program. Auxiliary aids and services are available, upon request, to individuals with disabilities. (TDD/TTY) 1-800-RELAYTX 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. 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 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 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. Any hours and/or days above what is indicated in the Placement Authorization Form, will be the sole responsibility of the employer. (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. Work Experience Site Authorized Signature Title Workforce Solutions for Tarrant County Authorized Signature Title Deputy Director of Business Solutions Signature Work Experience Site Authorized Representative (Print Name) Date Date Authorized Representative (Print Name/) Authorized Representative (Print Name) Title Date An equal opportunity employer/program. Auxiliary aids and services are available, upon request, to individuals with disabilities. (TDD/TTY) 1-800-RELAYTX WORKFORCE SOLUTIONS t ffitk. r nwt+T'' A prood partner of the Ameni n1o6Center'network 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. Training Worksite Supervisor's Signature Date Alternate Supervisor's Signature Date Business Solutions Representative Signature Date Original: MD Copy: Training worksite, Centerfile An equal opportunity employer/program. Auxiliary aids and services are available, upon request, to individuals with disabilities. (TDD/TTY) 1-800-RELAYTX