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HomeMy WebLinkAboutPR 16043: WORKFORCE SOLUTIONS OF SOUTHEAST TEXAS WORKSITE AGREEMENT P. R. No. 16043 08/17/10 att RESOLUTION NO. A RESOLUTION AUTHORIZING THE EXECUTION OF A WORKSITE AGREEMENT WITH WORKFORCE SOLUTIONS OF SOUTHEAST TEXAS PURSUANT TO THE USDOL EMPLOYMENT AND TRAINING ADMINISTRATION WORKFORCE INVESTMENT ACT(WIA) TITLE I NATIONAL EMERGENCY GRANT (NEG)PROGRAM RELATING TO HURRICANE IKE WHEREAS, Hurricane Ike made landfall approximate to Port Arthur; and, WHEREAS, the City Council and the citizens of Port Arthur were subjected to varying degrees damage, loss, and devastation; and, WHEREAS, the City Council of the City of Port Arthur, Texas, deems the on -going efforts to address the immediate, linked, and exacerbated effects of Hurricane Ike to be of critical importance; and, WHEREAS, the National Emergency Grant (NEG) Program will provide key manpower and related resources for the aforementioned purpose at no cost to the City; and, WHEREAS, the City Council desires to participate in the National Emergency Grant (NEG) Program; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: THAT the facts and opinions of the preamble are true and correct. THAT the City Council of the City of Port Arthur hereby approves the execution of a Worksite Agreement with Workforce P. R. No. 16043 Solutions of Southeast Texas to participate in the National Emergency Grant (NEG) Program attached hereto as Exhibit "A ". THAT the City Manager and the Director of Human Resources are hereby authorized to do all things necessary to participate in the National Emergency Grant (NEG) Program. THAT a copy of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED, and APPROVED this day of A.D., 2010, at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor Councilmembers NOES: Deloris `Bobbie" Prince Mayor ATTEST: Sherri Bellard Acting City Secretary APPROVED AS TO FORM: Via Valecia Ti City Attorney P. R. No. 16043 APPROVED FOR ADMINISTRATION: Dr. Albert T. Thigpen, IPMA -CP Director of Human Resources Stephen B. Fitzgibbons City Manager Exhibit «A» NATIONAL EMERGENCY GRANT (NEG) Contract # Temporary Disaster Relief Jobs Program Worksite Employer is: WORKFORCE SOLUTIONS Worksite Agreement g ) Public Non Profit ( ) Private Non -Profit ( ) Governmental AGENCY INFORMATION WORKSITE EMPLOYER WORKFORCE SOLUTIONS CENTER AGENCY NAME City of Port Arthur Port Arthur Workforce Solutions PHYSICAL ADDRESS 444 4 Street 3901 Twin City Hwy. CITY, STATE, ZIP Port Arthur, TX 77640 Port Arthur, TX 77642 MAILING ADDRESS Same 1 3901 Twin City Hwy. CITY, STATE, ZIP Port Arthur, Texas 77642 TELEPHONE NUMBER 409 - 983 -8216 (409) 962 -1236 ext. 2248 ALT. PHONE NUMBER 409 - 983 -8218 (409) 962 -1236 ext. 2250 FAX NUMBER 409 - 983 -8282 1 (409) 963 -1574 CONTACT PERSON Albert Thigpen /Cheryl Gibbs i Shari Gage EMAIL ADDRESS This worksite agreement may begin upon the date of execution and /or date of mandatory evacuation with a projected end date of December 31, 2010. The worksite employer agrees to the following terms of this Agreement to be funded from the USDOL Employment and Training Administration Workforce Investment Act (WIA) Title / National Emergency Grant (NEG) covered under Federal Disaster Declaration FEMA. Program Overview This NEG program shall consist of temporary work, wherein the participant referred by Workforce Solutions of Southeast Texas to the Worksite Employer is given job functions to perform under the guidance and supervision of the Worksite Employer in accordance with the job description attached hereto. It is understood by Workforce Solutions of Southeast Texas and the Worksite Employer that no legal employer - employee relationship is created or exists between the Worksite Employer and the participant. In agreeing to provide direction and supervision of the participant, the Worksite Employer understands that this does not make Workforce Solutions of Southeast Texas or its designee liable to the Worksite Employer or any third party by reason of any future act or failure to act by any participant on or off the job. The primary purpose of this Agreement is to identify and establish temporary jobs to assist in the clean -up, restoration and humanitarian efforts that are necessary as a direct result of recovery efforts associated with the Hurricane disaster and to fill those jobs with eligible individuals that have temporarily or permanently lost their regular job as a result of the disaster or cannot find work as a result of the disruption to business activities caused by a declared emergency and /or disaster. Workforce Solutions of Southeast Texas will contract with a Professional Employer Organization to provide the direct services and will be the employer -of- record for temporary worksite employees for the National Emergency Grant. To be in compliance with State and Federal Regulations each party involved must adhere to this agreement which lists the terms, conditions, roles and responsibilities. The Agency/Worksite Employer signature attests Form NEG 001 Page 1 of 5 Original — Workforce Center WFSSET (08/10) Copy — Employer Directive 08 -32 Attachment 1- Amended that you have received, read and agree to this Agreement (Agency/Worksite Employer, Workforce Solutions of Texas and Professional Employer Or Southeast T Organization Roles and Responsibilities). 9 Limitations on Participation The Worksite Employer understands and agrees that no participant shall begin work until this Agreement is executed by the Worksite Employer and Workforce Solutions of Southeast Texas. All temporary employment under this National Emergency Grant must end no later than December 31, 2010 unless otherwise noted. These limitations apply to individuals and not specific jobs. Tracking of participant work hours and wages will be conducted by Workforce Solutions of Southeast Texas NEG staff, Workforce Solutions Board staff and Employer of Record. Furthermore, the Worksite Employer must ensure that NEG participants' wages are based on the prevailing rate of pay for individuals employed in similar occupations by said employer. In addition, Worksite Employer must notify Workforce Solutions of Southeast Texas NEG staff of changes to NEG participant's wages, rate of pay, or status prior to such changes taking affect. These changes will be documented on the NEG Worksite Employer /Employee Agreement (NEG 002). Temporary employment under the NEG is considered employment for the purpose of reporting wages for Unemployment Insurance (UI) or Disaster Unemployment Assistance (DUA) benefits. Recruitment and Selection Recruitment and eligibility determinations will be the responsibility of Workforce Solutions of Southeast Texas. Individuals determined to be eligible for this program will be referred to the Worksite by Workforce Solutions of Southeast Texas. Hold Harmless Without waiving its sovereign immunity, and if and to the extent allowed by law, each party shall indemnify and hold harmless each other, its officers, officials, and employees from and against all claims and liabilities of any nature or kind, including costs and expenses for or on account of any claims, damages, losses, or expenses of any character whatsoever resulting in whole or in part from the negligent performance or omission of either party's employees or representatives connected with the activities described herein. Changes to the Agreement There shall be no modification or amendment of this Agreement, except in writing, executed with the same formalities as this instrument. Requests for interpretations of the Agreement provisions shall be directed to the Workforce Solutions of Southeast Texas and must be in writing. No interpretations shall be official or binding upon the Worksite Employer unless it is received in written form. Termination This Agreement may be terminated as follows: A. Workforce Solutions of Southeast Texas or the Worksite Employer may terminate the Agreement for convenience upon ten (10) calendar days prior written notice to the other party. B. Workforce Solutions of Southeast Texas may terminate this Agreement in whole or in part at any time that the Workforce Solutions of Southeast Texas Director, in his or her sole judgment, determine that: 1) The Worksite Employer has failed to comply with any of the provisions contained in this Agreement or any Amendment hereto; 2) the Worksite Employer fails to perform in whole or in part under this Agreement or fails to take corrective action after receiving oral or written requests to do so within an appropriate time period as may be stipulated by Workforce Solutions of Southeast Texas; or 3) The United States Department of Labor or State of Texas fails to provide adequate funds, reduces, eliminates or otherwise terminates the program under which this Agreement is written. Form NEG 001 Page 2 of 5 Original — Employer WFSSET (08/10) Copy — Workforce Center Directive 08 -32 Attachment 1 — Amended Notice. Other than as provided herein, notice shall be required to be given to Workforce Solutions of Southeast Texas under this Agreement, and shall be sufficient when hand delivered or mailed to the Workforce Solutions of Southeast Texas at its office at 2901 Turtle Creek Drive, Suite 310, Port Arthur, Texas 77642. All notices required to be given to the Worksite Employer under this Agreement shall be sufficient when hand delivered or mailed to the Worksite Employer at its office located at the address identified on page one of the Agreement. Controlling Laws This agreement and the provisions contained herein shall be construed, controlled and interpreted according to the laws of the State of Texas. Involved Entities • Workforce Solutions of Southeast Texas (Beaumont, Port Arthur, Orange and Silsbee) • Employers • Employees • Employer of Record Responsibilities of Workforce Solutions of Southeast Texas Workforce Solutions of Southeast Texas accepts and agrees that it shall: A. Assist the job site supervisor in resolving any problems concerning the participants' performance on the job by responding to the Worksite Employer's notice. B. Hear all grievances concerning program participant's performance at the job site. C. Provide counseling and supportive services to participants as the need is identified. Monitoring The Worksite Employer shall allow Workforce Solutions of Southeast Texas, the Governor of the State of Texas, or any of its agents and /or subcontractors, and the US Department of Labor (DOL) to visit the Worksite Employer's work sites, monitor the program, report problems, require corrective action within specified time periods or remove participants from work sites without prior notice other than a written notification to be delivered to the Worksite Employer at the time of the removal. This action may be taken when Workforce Solutions of Southeast Texas, the Governor of the State of Texas, or DOL finds serious or continual violations of rules or laws, where violations are not being remedied, or where Workforce Solutions of Southeast Texas, the Governor of the State of Texas or DOL find noncompliance on any of the terms or conditions under this Agreement. Responsibilities of the Worksite Employer The Worksite Employer accepts and agrees that it shall: A. Direct and supervise participants work activities in accordance with their job description(s), which is hereby incorporated by reference and made a part of this Agreement. B. Assure that it will have supervisory personnel who will act as work site supervisors for each of the Worksite Employer's work sites so as to provide for continuous on -site supervision of participants. C. Assign worthwhile and meaningful work to participants during the entire time they are at the worksite. D. Require participants' conformance with the Worksite Employer's Personnel Rules of Conduct. Form NEG 001 Page 3 of 5 Original — Employer WFSSET (08/10) Copy — Workforce Center Directive 08 -32 Attachment 1 — Amended E. Provide orientation and train their work site Supervisory personnel including any alternate staff directly responsible for the supervision of participants as to the Worksite Employer's responsibilities and obligations under this Agreement. F. Notify Workforce Solutions of Southeast Texas immediately of any temporary and /or ongoing changes in the designation of personnel who will be supervising the participant(s). G. Be accountable for maintaining participant time sheets by keeping accurate work time attendance rosters, supervising the proper completion and signing of time sheets by each participant, certifying and signing participant time sheets if all the prior requirements are met, and submitting these timesheets to the Workforce Solutions of Southeast Texas representative as instructed. H. Ensure that all sites where participants will be assigned are sanitary and safe environments in accordance with health and safety standards established by State and Federal law. 1. Ensure that all required safety supplies and equipment are used in the proper manner for the intended use. J. Conform to normal routines and functions befitting a reasonable business establishment, including, but not limited to, appropriate supervision on the premises at all times, displaying positive work habits, maintaining safe working conditions, and appropriate attire. K. Have an inclement weather plan for any approved positions that are required to work out of doors to ensure that alternative tasks can be performed inside during inclement weather. L. Inform Workforce Solutions of Southeast Texas and Employer of Record immediately should an accident or injuries occur at the job site affecting or involving a participant and require the participant to complete a first report of injury form. M. Notify Workforce Solutions of Southeast Texas by telephone of any problem or concern regarding a participant's performance at a work site as soon as possible, but at least within 24 hours of when the problem is identified. N. Not discriminate against any participant or potential participant because of race, color, religion, sex, national origin or disability. 0. Ensure that participants receive fair and impartial treatment and that participants shall not be subjected to harassment of any type or form. P. Ensure that the following general conditions for temporary jobs shall be complied with: 1) Participants shall receive comparable working conditions and non - payroll benefits such as rest breaks, etc. as other employees; 2) There shall be no displacement of regular employees nor replacement of laid -off workers by the temporary job participant(s); and 3) There shall be no infringement of promotional opportunities for regular employees. U. Not subcontract, assign or transfer any rights or responsibilities under this agreement or any portion thereof without the prior written approval of Workforce Solutions of Southeast Texas. V. Acknowledge that the NEG funds are a supplement and are not to supplant any other federal funds. implement administrative controls to ensure that costs for wages and other costs that the Workforce Solutions of Southeast Texas is responsible for paying are not being paid by other federal, state, or local programs to eliminate the possibility of a duplication of funding. Form NEG 001 Page 4 of 5 Original — Employer WFSSET (08/10) Copy — Workforce Center Directive 08 -32 Attachment 1 — Amended W.. Maintain all records and files pertaining to the operation of this Agreement and any amendment hereto for three (3) years following expiration of this Agreement. Records and files shall include, but not be limited to, time and attendance sheets, supervisor assignments, this Agreement, etc. X. Immediately advise Workforce Solutions of Southeast Texas in writing of any actions, suits, claims or grievances filed against the Worksite Employer, Workforce Solutions of Southeast Texas, State of Texas, federal officials or participants that in any way relates to this Agreement. Y. Worksite Employer must determine and ensure that all temporary workers at all worksites are only performing disaster- related work activities. The Worksite Employer shall notify Workforce Solutions of Southeast Texas of any changes to the required work hours, job description, and /or if the disaster recovery work has been completed and the job needs to be ended. Prohibited Activities Sectarian Activities: The Worksite Employer assures that participants will not be employed in building, operating, or maintaining any part of any building, which is used for religious instruction or worship. Collective Bargaining and Union Activities: The Worksite Employer assures that this agreement will not impair existing contracts for services or collective bargaining agreement between the Worksite Employer and other parties, nor will this agreement assist, promote or deter union organization. Lobbying And Political Activities: The Worksite Employer assures that this agreement will not assist with political or lobbying activities or the cost of any salaries or expenses related to any activity designed to influence legislation or appropriation pending before the Congress of the United States. Relocation: Neither the execution nor performance of the Agreement will assist in, support or otherwise contribute to the relocation of the Worksite Employer's business. IN WITNESS THEREOF, the parties hereto having been duly authorized and representing that they have the power and authority to execute this Agreement and perform the responsibilities specified herein have made and executed this Agreement on the respective dates under each signature. Worksite Employer Name Workforce Solutions of Southeast Texas Signature Authority Signature Authority Print Name Print Name Title itle Date ate Form NEG 001 Page 5 of 5 Original — Employer Copy — Workforce Center WFSSET (08 /10) Directive 08 -32 Attachment 1 — Amended that you have received, read and agree to this Agreement (Agency/Worksite Employer, Workforce Solutions of Southeast Texas and Professional Employer Organization Roles and Responsibilities). Limitations on Participation The Worksite Employer understands and agrees that no participant shall begin work until this Agreement is executed by the Worksite Employer and Workforce Solutions of Southeast Texas. All temporary employment under this National Emergency Grant must end no later than December 31, 2010 unless otherwise noted. These limitations apply to individuals and not specific jobs. Tracking of participant work hours and wages will be conducted by Workforce Solutions of Southeast Texas NEG staff, Workforce Solutions Board staff and Employer of Record. Furthermore, the Worksite Employer must ensure that NEG participants' wages are based on the prevailing rate of pay for individuals employed in similar occupations by said employer. In addition, Worksite Employer must notify Workforce Solutions of Southeast Texas NEG staff of changes to NEG participant's wages, rate of pay, or status prior to such changes taking affect. These changes will be documented on the NEG Worksite Employer /Employee Agreement (NEG 002). Temporary employment under the NEG is considered employment for the purpose of reporting wages for Unemployment Insurance (UI) or Disaster Unemployment Assistance (DUA) benefits. Recruitment and Selection Recruitment and eligibility determinations will be the responsibility of Workforce Solutions of Southeast Texas. Individuals determined to be eligible for this program will be referred to the Worksite by Workforce Solutions of Southeast Texas. Hold Harmless Without waiving its sovereign immunity, and if and to the extent allowed by law, each party shall indemnify and hold harmless each other, its officers, officials, and employees from and against all claims and liabilities of any nature or kind, including costs and expenses for or on account of any claims, damages, losses, or expenses of any character whatsoever resulting in whole or in part from the negligent performance or omission of either party's employees or representatives connected with the activities described herein. Changes to the Agreement There shall be no modification or amendment of this Agreement, except in writing, executed with the same formalities as this instrument. Requests for interpretations of the Agreement provisions shall be directed to the Workforce Solutions of Southeast Texas and must be in writing. No interpretations shall be official or binding upon the Worksite Employer unless it is received in written form. Termination This Agreement may be terminated as follows: A. Workforce Solutions of Southeast Texas or the Worksite Employer may terminate the Agreement for convenience upon ten (10) calendar days prior written notice to the other party. B. Workforce Solutions of Southeast Texas may terminate this Agreement in whole or in part at any time that the Workforce Solutions of Southeast Texas Director, in his or her sole judgment, determine that: 1) The Worksite Employer has failed to comply with any of the provisions contained in this Agreement or any Amendment hereto; 2) the Worksite Employer fails to perform in whole or in part under this Agreement or fails to take corrective action after receiving oral or written requests to do so within an appropriate time period as may be stipulated by Workforce Solutions of Southeast Texas; or 3) The United States Department of Labor or State of Texas fails to provide adequate funds, reduces, eliminates or otherwise terminates the program under which this Agreement is written. Form NEG 001 Page 2 of 5 Original — Employer Copy — Workforce Center WFSSET (08/10) Directive 08 -32 Attachment 1 — Amended Notice . Other than as provided herein, notice shall be required to be given to Workforce Solutions of Southeast Texas under this Agreement, and shall be sufficient when hand delivered or mailed to the Workforce Solutions of Southeast Texas at its office at 2901 Turtle Creek Drive, Suite 310, Port Arthur, Texas 77642. All notices required to be given to the Worksite Employer under this Agreement shall be sufficient when hand delivered or mailed to the Worksite Employer at its office located at the address identified on page one of the Agreement. Controlling Laws This agreement and the provisions contained herein shall be construed, controlled and interpreted according to the laws of the State of Texas. Involved Entities • Workforce Solutions of Southeast Texas (Beaumont, Port Arthur, Orange and Silsbee) • Employers • Employees • Employer of Record Responsibilities of Workforce Solutions of Southeast Texas Workforce Solutions of Southeast Texas accepts and agrees that it shall: A. Assist the job site supervisor in resolving any problems concerning the participants' performance on the job by responding to the Worksite Employer's notice. B. Hear all grievances concerning program participant's performance at the job site. C. Provide counseling and supportive services to participants as the need is identified. Monitoring The Worksite Employer shall allow Workforce Solutions of Southeast Texas, the Governor of the State of Texas, or any of its agents and /or subcontractors, and the US Department of Labor (DOL) to visit the Worksite Employer's work sites, monitor the program, report problems, require corrective action within specified time periods or remove participants from work sites without prior notice other than a written notification to be delivered to the Worksite Employer at the time of the removal. This action may be taken when Workforce Solutions of Southeast Texas, the Governor of the State of Texas, or DOL finds serious or continual violations of rules or laws, where violations are not being remedied, or where Workforce Solutions of Southeast Texas, the Governor of the State of Texas or DOL find noncompliance on any of the terms or conditions under this Agreement. Responsibilities of the Worksite Employer The Worksite Employer accepts and agrees that it shall: A. Direct and supervise participants work activities in accordance with their job description(s), which is hereby incorporated by reference and made a part of this Agreement. B. Assure that it will have supervisory personnel who will act as work site supervisors for each of the Worksite Employer's work sites so as to provide for continuous on -site supervision of participants. C. Assign worthwhile and meaningful work to participants during the entire time they are at the worksite. D. Require participants' conformance with the Worksite Employer's Personnel Rules of Conduct. Page 3 of 5 Original — Employer Form 001 Copy — Workforce Center WFSSET (08/10) (08/10) Directive 08 -32 Attachment 1 — Amended E. Provide orientation and train their work site Supervisory personnel including any alternate staff directly responsible for the supervision of participants as to the Worksite Employer's responsibilities and obligations under this Agreement. F. Notify Workforce Solutions of Southeast Texas immediately of any temporary and /or ongoing changes in the designation of personnel who will be supervising the participant(s). G. Be accountable for maintaining participant time sheets by keeping accurate work time attendance rosters, supervising the proper completion and signing of time sheets by each participant, certifying and signing participant time sheets if all the prior requirements are met, and submitting these timesheets to the Workforce Solutions of Southeast Texas representative as instructed. H. Ensure that all sites where participants will be assigned are sanitary and safe environments in accordance with health and safety standards established by State and Federal law. 1. Ensure that all required safety supplies and equipment are used in the proper manner for the intended use. J. Conform to normal routines and functions befitting a reasonable business establishment, including, but not limited to, appropriate supervision on the premises at all times, displaying positive work habits, maintaining safe working conditions, and appropriate attire. K. Have an inclement weather plan for any approved positions that are required to work out of doors to ensure that alternative tasks can be performed inside during inclement weather. L. Inform Workforce Solutions of Southeast Texas and Employer of Record immediately should an accident or injuries occur at the job site affecting or involving a participant and require the participant to complete a first report of injury form. M. Notify Workforce Solutions of Southeast Texas by telephone of any problem or concern regarding a participant's performance at a work site as soon as possible, but at least within 24 hours of when the problem is identified. N. Not discriminate against any participant or potential participant because of race, color, religion, sex, national origin or disability. 0. Ensure that participants receive fair and impartial treatment and that participants shall not be subjected to harassment of any type or form. P. Ensure that the following general conditions for temporary jobs shall be complied with: 1) Participants shall receive comparable working conditions and non - payroll benefits such as rest breaks, etc. as other employees; 2) There shall be no displacement of regular employees nor replacement of laid -off workers by the temporary job participant(s); and 3) There shall be no infringement of promotional opportunities for regular employees. U. Not subcontract, assign or transfer any rights or responsibilities under this agreement or any portion thereof without the prior written approval of Workforce Solutions of Southeast Texas. V. Acknowledge that the NEG funds are a supplement and are not to supplant any other federal funds. implement administrative controls to ensure that costs for wages and other costs that the Workforce Solutions of Southeast Texas is responsible for paying are not being paid by other federal, state, or local programs to eliminate the possibility of a duplication of funding. Form NEG 001 Page 4 of 5 Original — Employer WFSSET (08/10) Copy — Workforce Center Directive 08 -32 Attachment 1 — Amended W. Maintain all records and files pertaining to the operation of this Agreement and any amendment hereto for three (3) years following expiration of this Agreement. Records and files shall include, but not be limited to, time and attendance sheets, supervisor assignments, this Agreement, etc. X. Immediately advise Workforce Solutions of Southeast Texas in writing of any actions, suits, claims or grievances filed against the Worksite Employer, Workforce Solutions of Southeast Texas, State of Texas, federal officials or participants that in any way relates to this Agreement. Y. Worksite Employer must determine and ensure that all temporary workers at all worksites are only performing disaster - related work activities. The Worksite Employer shall notify Workforce Solutions of Southeast Texas of any changes to the required work hours, job description, and /or if the disaster recovery work has been completed and the job needs to be ended. Prohibited Activities Sectarian Activities: The Worksite Employer assures that participants will not be employed in building, operating, or maintaining any part of any building, which is used for religious instruction or worship. Collective Bargaining and Union Activities: The Worksite Employer assures that this agreement will not impair existing contracts for services or collective bargaining agreement between the Worksite Employer and other parties, nor will this agreement assist, promote or deter union organization. Lobbying And Political Activities: The Worksite Employer assures that this agreement will not assist with political or lobbying activities or the cost of any salaries or expenses related to any activity designed to influence legislation or appropriation pending before the Congress of the United States. Relocation: Neither the execution nor performance of the Agreement will assist in, support or otherwise contribute to the relocation of the Worksite Employer's business. IN WITNESS THEREOF, the parties hereto having been duly authorized and representing that they have the power and authority to execute this Agreement and perform the responsibilities specified herein have made and executed this Agreement on the respective dates under each signature. Worksite Employer Name Workforce Solutions of Southeast Texas Signature Authority Signature Authority Print Name Print Name Title Title Date Date Form NEG 001 Page 5 of 5 Original — Employer WFSSET (08/10) Copy — Workforce Center Directive 08 -32 Attachment 1 — Amended