Loading...
Res 1289 - Work Site Agmt COUNCIL BILL NO. 1621 RESOLUTION NO. 1289 A RESOLUTION ENTERING INTO A WORK SITE AGREEMENT WITH THE MID- WILLAMETTE JOBS COUNCIL. WHEREAS, the Mid-Willamette Jobs Council (MWJC) exists underthe auspices of the federal Job Training Partnership Act (Public Law 97-300) for the purpose of developing necessary work experience for program participants and providing temporary job placements for participating employers, and WHEREAS, the City has, historically, participated as an employer in the MWJC program, and WHEREAS, the City wants to continue participation in the MWJC program and formalize its involvement by authorizing the City Administrator to execute the MWJC Work Site Agreement, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City Administrator is authorized to execute, on behalf of the City, the MWJC Work Site Agreement. Section 2. That copy of the form of agreement is attached hereto and is, by this reference. incorporated herein, r-.L ~ ~J / APprovedastoform~~/~ J-f 1 ~ 1::5 City Attorney Oat APPROVED: Apri 1 24, 1995 April 25, 1995 Passed by the Council Submitted to the Mayor Approved by the Mayor April 25, 1995 Apri 1 25, 1995 Filed in the Office of the Recorder ATTEST: 11~ ~~t. Page 1 - COUNCIL BILL NO. 1621 RESOLUTION NO. 1289 ....-- . ; ftHD-WIU - ~E JOBS COUNCL Nt Eql.ll )rtunlty Employer/Program Dlstrtct Otftce Code: Q 7 ~1I.rv AJds and SeMces A" . ~ ~ Persons with Dis s MWJC WORK SITE AGREEMENT I. PURPOSE: The purpose of the work experience activity is to provide skills to gef\allcJ keep employment through practiced qxperience in the workplace supported through formal job training plans. - . I his Agreement Is being entered Into pursuant to the requirements of Public law 97-300, the Job Training Partnership Act, hereinafter referred to as the JTPA, to define the operational requirements for agencies that will provide work sites for participants of the Work experience Program. which Is administered through the Mid-Willamette Jobs Council for the period Apri 1 25 . 19 yt) through Apri 1 25 . 19 r7 . . The MID-WlLLAMETTE JOBS COUNCIL, and CITY OF WOODBURN (Agency Name) (Agency Address) hereinafter referred to as the Agency, hereby mutually agree to the following conditions for providing a work site for participants of the Work experience Program, hereinafter referred to as the WEP. II. THE JOBS COUNCIL SHALL: 1. Be the employer of record. 2. Recruit or accept referral of prospective participants and determine their eligibility for participation in the WEP. 3. Refer eligible participants to the Agency In accordance with participant's Individual Service Strategy (ISS). 4. Inform participants of the WEP wage rates and benefits, and Inform them of their rights and responsibilities while participating. 5. Pay participants in accordance with the number of work-based learning hours reported on their timesheets exluding unauthorized additional hours worked outside of approved work schedule, Participants will be paid on the date specified by the Jobs Council payroll schedule. ~, Provide Worker's Compensation for on-tha-job injuries or occupational diseases suffered by the participants while engaged In duties assigned by the Agency for all participants assigned to work sites other than Federal Agencies. (Sec. III, 15) 7. Conduct regular monitoring and evaluations of the work site to determine compliance with the terms of this Agreement, and/or any other applicable Federal or State regulation. If, through the monitoring and evaluation process, It Is determined that the work site does not meet acceptable standards, the Agency may be required to take corrective action and/or the work site may be terminated and the participant reassigned by the Jobs Council to other work sites. 8. Provide employment counseling, job search training and job referral to the WEP participants and evaluate the skill development and work performance of each participant based on the Individual's training plan which will be jointly developed by the Agency and the Jobs Council. III. THE AGENCY SHALL: 1. Comply with all the requirements and specifications of the Workslte Agreement and Training Outline. 2. Comply with all Jobs Council policies and procedures relative to the WEP, and comply with all State of Oregon rules and regulations that relate to the WEP. 3. Assure that no participant will be required or permitted to work or be trained In buildings, surroundings, or under working conditions which are unsanitary, hazardous or dangerous to the participant's health or safety. 4. Provide a work site for WEP participants subject to the conditions set forth In this Agreement, furnish adequate supervision as determined by the Jobs Council, and necessary materials, supplies and/or equipment. for training. 5. Provide an orientation to each partiCipant assigned to the Agency regarding personnel policies and procedures, grievance procedures, work site safety, and work expectations of the Agency, Including the normal work schedule, hours to be worked, holidays, etc. 6. Any change to working schedules negotiated and approved In Individual participant training plans must conform to amendment procedures specified In #16 below. Financial liability for hours worked by the partiCipant in excess of those negotiated will be assumed by the Agency. ..... 'T" . .... .. . -l _ ..........,.....__ 7. tin accurate records of participant's attendance and hours worked and submit Individual time report for each part It a.. J-jJ as progress reports as required by the contract to the Jobs Council accordance with payroll schedule establish~.... oy the Jobs Council. Inform the Jobs CouncU if the participant Is having difficulty adjusting to the work situation and contact the Jobs Council in advance whenever disciplinary action or termination of the participant Is necessary. 9. Evaluate the skill development and work performance of each participant based on Work Experience Position and Training Outline which will be jointly developed by the Agency and the Jobs Council. 10. Refrain from utilizing participants In such a manner as to result In: (a) displacement of employed workers Including partial displacement, such as reduction In hours of non-overtlme work, wages or employment benefits, and/or (b) Impairment of existing contracts for services Including services normally provided by temporary, part-time or seasonal workers, or through contracting such services out, In addition. the Agency assures that all WEP lObs are supplemental to those that would otherwise be funded by the Agency In the absence of Jobs Council-funded ass stance. 11. Assure compliance with the following general provisions: (a) Participants shall be utnlzed only on publicly-owned facilities and projects or on local projects sponsored by private non-profit agencies or organizations Insuring that no partiCipants will be utilized on a project Involving construction, operation. or maintenance of a facility used or to be used for sectarian Instruction or as a place of religious worship. (b) Participants or services provided through this Agreement shall not be utilized for any political purposes; the Agency will comply with the provisions of the Hatch Act. (c) That the Agency will comply fully with the nondiscrimination and equal opportunity provisions of the Job Training Partnership Act of 1982, as amended (JTPA) , Including the Nontraditional Employment for Women Act of 1991; title VI of the Civil Rights Act of 1964, as amended; section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975, as amended; title IX of the Education Amendments of 1972, as amended; and with all applicable requirements imposed by or pursuant to regulations Implementing those laws, including but not limited to 29 CFR part 34. The United States has the right to seek judicial enforcement of this assurance, 12. Cooperate with monitoring and evaluation efforts of the Jobs Council, the State of Oregon, the U.S. Department of Labor, and with any corrective action determination made by the Jobs Council. 13. Assume liability for any or all of Its actions performed pursuant to this Agreement including the actions of Its employees, officers and/or agents. The Agency will hold harmless and Indemnify the Jobs from any liability resulting from any or all action of the Agency Incurred as a result of this Agreement. 14. If the Agency is a division of the State of Oreaon: The State of Oregon agrees to be responsible for any damage or third party liability which may arise from Its Involvement or participation In the WEP as an applicant, Including personnel placed with the State through this program in the course of their official work, subject to the limitations and concIltions of the Oregon TORT Qalms Act, ORS 30.260 through 30.300, and the Oregon Constitution, Article XI, Section 7, to the extent of liability arising out of the sole negligence of the State. 15. If the Aaencv Is a division of the Federal Govemment: The Agency must provide Worker's Compensation for on-tha-job Injuries or occupational diseases suffered by the participants while engaged In duties assigned by the Agency. 16. Request In writing, any modification or change In the terms of this Work Site Agreement. Such a request for a modification or change to this Agreement will not be effective without the Jobs Council's Council written approval. As a duly authorized representative of the Agency, the undersigned hereby certifies that the Agency Is empowered by the State of Oregon to enter Into legal agreements. Agency Type: 0 Private, Non-Profit 0 County 0 State 0 Federal ~Other Municipal ity Agency Name: Ci ty of Woodburn ~'I'/J ~. /WM-- 'onzed Ignature \ MID-WlLLAMETTE JOBS COUNCIL 4/25/95 Date Authorized Signature Date CbrisChilds~ City Administrator Printed Name and Title Distrlbutlon: Original - Business Management Yellow - Work Site Printed Name and Title Pink - District Office JC 055 (10-93) ....-. ...