HomeMy WebLinkAboutPR 12140:POWER ZONE CONTRACTINTER
OFFICE
MEMO
To: Mayor, City Council & City Manager
From: Mark T. Sokolow, City Attorney /~ ~
Subject: P. R. No.12140; Council Meeting April 15, 2003
Date: April 4, 2003
Attached is P. R. No. 12140 authorizing the City Manager to
enter into a contract with Power Zone, with Power Zone
administering work activity programs.
MTS/ts
Attachment
cc: Director of Human Resources
Community Services Manager
Y. R. No. 12140
04/04/03 ts
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH POWER ZONE, WITH
POWER ZONE ADMINISTERINO WORK ACTIVITY
PROORAMS THROUGH THE WORKFORCE INVESTMENT ACT
(WIA) PROGP~kMS
WHEREAS, the City Council deems it in the best interests of
the citizens of Port Arthur to aushorize the City Manager to
execuEe a contract with Power Zone to place students in the
workplace and provide a work experience job site.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
Section 1. That the facts and opinions in the preamble are
true and correct.
Section 2. That the City Manager is herein authorized to
execute a contract with Power Zone as delineated in Exhibit "A".
Section 3. That a copy of the caption of this Resolution
be spread upon the Minutes of the City Council.
READ, ADOPTED AND APPROVED on this day of ,
A.D., 2003, at a Regular Meeting of the City Council of the City
of Port Arthur, Texas, by the following vote: AYES:
Mayor , City Council ,
NOES:
ATTEST:
OSCAR ORTIZ, MAYOR
EVANGELINE GREEN, CITY SECRETARY
APPROVED AS TO FORM:
MARK T. SOKOLOW, CITY ATTORNEY
APPROVED FOR ADMINISTP~ATION:
STEVE FITZGIBBONS, CITY MANAGER
EXHIBIT "A"
PAID WORK EXPERIENCE CONTRACT
PWE-Program Agent:
Thc Power Zone
3803 Txvin City Hwy
Port Arthur, TX 77642
(409) 962-1236
(409) 962-3106 (fax)
Contract Number: 0861-03-005PWE
Employer:
Name:
Address:
City & Zip:
Phone:
Contact Person:
Training Occupation(s):
This contract is entered into by and between The Power Zone operated by ACS, State and Local
Solutions, hereinafter referred to as the Program Agent and hereinafter referred to as
the Worksite. This contract is solely between The Power Zone and the Employer. The Southeast
Texas Workforce Development Board, Texas Workforce Commission and the Department of Labor
are not parties to this contract. The contract must be completed and approved prior to the
hiring/training of a participant for a work activity position. The employer must comply with
applicable, federal, state and labor laws and regulations.
II.
The Power Zone administers work activity programs with funds provided through the Workforce
Investment Act (WIA) programs.
III.
This contract is to provide work activities for participants by the Worksite. Description of duties to
be performed and/or learned by the participant is detailed on the attached training outline.
IV. This contract is for the period beginning on
and ending on 08-31-03.
Neither party to the contract may charge a trainee a fee for the referral or placement of the trainee
under the contract.
The Power Zone agrees to:
A. Process participants timesheets for payment;
B. Issue participant paychecks;
C. Provide worker's compensation for each participant;
D. Provide counseling and other related services on an as-needed basis;
E. Place and/or remove participants to/from the Worksite upon consultation with the Worksite
Supervisor.
VI. The Worksite agrees to:
A. Comply with all conditions of the work activity contract;
B. Provide adequate supervision and meaningful training and/or work for the participant;
C. Assure a substitute supervisor is available for times the regular supervisor is absent;
D. Maintain documentation of hours worked by the participant and assure the participant will not be
paid for hour's not worked and recreational activities. Records will be maintained for three (3)
years or longer if any litigation or audit requires;
E. Submit accurate, signed, timesheets as required;
F. Notify Power Zone representatives immediately of injuries to the participant(s) and follow up
with a written injury report;
G. Ensure attendance of supervisor(s) at the required Worksite Supervisor's Orientation;
H. Assure all provisions of the Fair Labor Standards Act and EEO are adhered to;
I. Provide safe and sanitary working conditions as applicable to other employees;
J. Comply with federal and state equal employment opportunity laws;
K. Provide prompt notification to The Power Zone of changes in the participants status;
L. Allow reasonable access to employee files by authorized persons, provided the employee has
consented in writing to the disclosure of such files to the named authorized person;
M. Complete a progress report on each participant;
N. Assure participants are performing duties outlined in submitted training outlines, and sufficient
equipment and Jot materials are available to carry out the assignment as described in the attached
job description(s);
O. Comply with all applicable ordinances and laws at the worksite or any property by this
agreement including the Americans with Disabilities Act;
P. No program shall impair existing contracts for services of collective bargaining contracts, to
which the worksite may be a party, except that no program, which would be inconsistent with the
terms ora collective bargaining agreement, shall be undertaken xvithout the xvritten concurrence
of the labor organization and employer concerned.
VII. The Worksite assures that:
VIII.
A. Employees are not involved in partisan political activities during work hours;
B. Employees are not involved in religious or anti-religious activities during working hours;
C. Employees are not employed on the constmction~ operation, or maintenance ora facility used for
religious instruction or workshop.
D. Officers or employees of the Worksite will not solicit or accept a favor or anything of monetary
value for any services or activities provided under the terms of this agreement;
E. No officer or employee will allow the placement of a participant under his/her supervision if the
participant is a member of the officer/employee's immediate family. The immediate family
included are: wife, husband, mother, father, brother, sister, son, daughter, brother-in-law, sister-
in-law, aunt, uncle, cousin, nephew, niece, stepparent or stepchild;
F. The hiring ora Power Zone participant does not result in the displacement of currently employed
workers, including partial displacement such as a reduction in hours of overtime, wages, or
employment benefits. No participant shall be employed or job opening filled when the worksite
has terminated the employment of any regular employee or otherwise reduced its workforce with
the intention of filling the vacancy so created by hiring a participant whose wages are subsidized
under this agreement;
G. No jobs shall be created in a promotional line that shall infringe in any way upon the promotion
opportunities of currently employed individuals.
H. If the job requires special equipment, such as goggles, gloves, steel toe boots or protective
clothing, the worksite will assure that the participant will perform the job wearing the necessary
equipment.
The Worksite may terminate this contract upon 30-day written notification to The Power Zone. The
Power Zone reserves the right to terminate this agreement with just cause, which shall include, but
not limited to:
A. Violations of the Worksite Agreement;
B. Failure to take corrective action;
C. Unsafe and unsanitary working conditions;
D. Violations of The Power Zone regulations.
This work activity contract and any attachments constitute the complete contract between the parties
hereto and supersede any and all oral and xvritten agreements between the parties relating to matters
in this agreement. Except as otherwise provided for this contract, this contract cannot be changed or
modified without consent of both parties.
A. Any alterations, additions or deletions to the terms of this contract, which are required by
changes in federal law or regulation, are automatically incorporated into this contract without
written amendment hereto and become effective on the date designated by such law or
regulation.
B. Except as provided for by other provisions of this contract of this section, alterations, addition, or
deletions to the terms of this agreement will be made by amendment hereto in writing and
executed by both parties.
C. Changes m the worksite information attachment, in order to alter, add, or delete supervisor's
names or participant's names will be made necessary by The Power Zone and will not require
signature of the worksite.
THE CONTRACT REPRESENTATIVES FOR THIS AGREEMENT ARE:
WORK EXPERIENCE SKIELS TRAINING PROVIDER (Please Print)
NalrlC;
Title:
Address:
Phone Number:
Fax Number:
Work Experience Skills Training Provider
Signature
Date
THE POWER ZONE
Name:
Title:
Address:
Phone Number:
Fax Number:
DAVID RODRIGUEZ
YOUTH COORDINATOR
304 PEARL STREET
(409) 839-8045
(409) 838-4048
Power Zone Coordinator Date
Signature