HomeMy WebLinkAboutIdaho Department of Labor for Work Experience and Agreement for Labor Reimbursement"' ~~i~E IDIAN~-
r~bil~ I DA H O
Works Department
~.
TO: Mayor Tammy de Weerd
Members of the City Council
FROM: Richard Dees, Utility Operations Manager
DATE: Apri18, 20 i 0
Mayor Tammy de Weerd
CRy Cwedl Yeud~s~
Kefth Bird
Brad Hoaglun
Charles Rountree
David Zarembcs
SUBJECT: Memorandum of Agreement for Work Experience and Agreement for Labor
Expense Reimbursement between the City of ]Meridian and Idaho
Department of Labor for anot-to-exceed amount of $10,000.00.
I. RECOMMENDED ACTION
A. Move to:
1. Approve the Memorandum of Agreem~;nt for Work Experience and
Agreement for Labor Expense Reimbursement between the City of Meridian
and Idaho Department of Labor for a not to exceed amount of $10,000.00;
and
2. Authorize the Mayor to sign the agreement
II. DEPARTMENT CONTACT PERSONS
Richard Dees, Utility Operations Manager 409-2104
Tom Barry, Director of Public Works 489-0372
III. DESCRIPTION
A. Backeround
Last year we entered into a partnership with the Idaho Department of Labor to
engage six youths from the Idaho Youth Conservation Corp. "The U.S. Department
,~-~, of Labor through the Workforce Investment Act ("VJ'IA") grants federal funds to the
Idaho Dept of Labor to administer the youth program that provides economically
disadvantaged youth year-round employment training services; and Idaho Dept of
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.~
Labor is also the recipient of economic stimulus funds from the American Recovery
and Reinvestment Act of 2009, which provides additional funding for WIA
activities."
Last summer these young people provided service to our organization by:
• Working with our infrastructure maintenance people completing service orders,
televising our sewers, and attending to our grounds at Water and Wastewater
• Verifying accuracy of sewer infrastructure data
• Performing some stream restoration and cleanup
• Working on our floodplain GIS layer development
B. Proposed Project
We are again being asked by the Idaho Department of Labor to host six youngsters
in the IYCC program into our organization. This year we will have the youths doing
much the same thing as last year over the eight week period they will be with us as
detailed on the attached proposed work sheet (Attachment A). Unlike last year, we
will not have a coordinator accompanying the young people around to all of our
work sites. The reason is because with the coordinator, it was very difficult to
assimilate the people from the IYCC into our organizations. Rather, it is more
efficient if the youths are embedded into our organizations as Department of Labor
~,,,~ employees working with City of Meridian supervisors directly.
IV. IMPACT
A. FiscalImpact:
Our cost of using the youths from the IYCC this year is $10,000.00. The IDOL is
supplementing the rest of the costs through grant monies in the approximate total of
$10,016.00. With both of these money sources, the Idaho Youth Conservation Corps
participants will be paid $10.50 per hour and will provide the City of Meridian with
1,920 hours of service. Funding for this endeavor will come from the salary savings
of the Water Works Person which has been unfilled to date.
The result of this agreement is that the City of Meridian would gain 1,920 labor
hours for required work using the IYCC youths for less than $5.20 per hour.
Traditional labor expenses to get the same amount of work would be over $20,000 or
$10.50 per hour.
Project Costs
Six IYCC Youths at $5.20 per hour for 1,920 hours $ 9,984
Project Funding
At April 1, we are 50% through the FY10 fiscal year.
~'"'\ There are 2,080 hours in a full yr, so we will use half
of that for this calculation. The hourly wage budgeted
for the vacant Water Work Person is $12.16 and is
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funded out of the Wells & Distribution -Wages
G/L account #3410-41200.
1,040 hrs. x $12.16 = $12,646 of savings.
VII. LIST OF ATTACHMENTS
$ 12,646
A. Idaho Youth Conservation Corps Proposed Projects
B. Memorandum of Agreement from Work Experience
C. Agreement for Labor Expense Reimbursement between the City of Meridian
and the Idaho Department of Labor for Idaho Youth Conservations Corps
Program under the Workforce Investment Act.
Approved for Council Agenda: `"
Tom Barry, Director of Pub is o
~- ~o
Date
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Attachment A
Idaho Youth Conservation Corps Proposed Projects
Water / Sewer /Engineering
ASSUMPTIONS
• Six to 8 people available
• Youth will be available for 12 weeks
• Three work groups will receive IYCC employees
o Water
o Wastewater
o Engineering
• Youth with be paired with full time employees
• Three to four will be placed in each division
• Youth will work eight hour days on schedules comporting with full time
employees
• Time will be divided between Divisions
o Groups will begin working in Water and Wastewater.
o Every two weeks groups will rotate.
PROJECTS
1. Water infrastructure maintenance
a. Fire hydrant painting
^ b. Well lot maintenance
c. Assist with customer service calls
d. Assist with sampling collection
2. Sewer Collections Maintenance
a. Assist televising sewer lines
b. Assist cleaning sewer lines
c. Performing maintenance at lift stations and associated lots
3. Wastewater Treatment
a. Assist operators as they make their rounds
b. Perform limited equipment and structure maintenance
c. Grounds maintenance
d. Assist in the performance of laboratory worker duties
e. Pretreatment inspections assistance
4. Engineering /Project data gathering
a. Man hole location assistance
b. GPS water meter locations
c. Reconcile GPS data
5. Stream Restoration and Clean-up
a. Stream trash pick-up and culvert cleaning
b. Stream restoration site clean-up
6. Public Outreach
a. Assist with community events
i. Public Works Week
ii. YMCA and other tours of WWTP
WIA-48
Rev. 12/02
n
The EMPLOYER,
an agreement with
MEMORANDUM OF AGREEMENT Attachment B
FOR WORK EXPERIENCE
certified by the signature below, enters into
hereinafter referred to as the Service
Provider, to provide Work Experience training positions for WIA participants. This agreement shall remain in effect for
no more than one year from the date of signature, unless previously canceled by either party. The employer agrees to
comply with the following conditions governing the work assignments of participants:
THE EMPLOYER:
1. Will perform the functions set forth in this Work Experience agreement, and its attachments, and will comply with the
provisions of the Work Experience Operational Guidelines which are hereby mcorporated by reference;
2. Understands that the p ose of Work Experience is to provide WIA participants with an opportunity to develop good work
habits and basic work skills.
3. Will comply with the maintenance of effort provisions of WIA, which assure that Work Experience pro ams: (i) result in an
increase m employment and training opportunities over those which would otherwise be available; (it~do not result in the
dis lacement of currently employed workers or the reduction in hours ofnon-overtime work, wages, or employment benefits;
(iii~do not impair existing contracts for services or result in the substitution of federal funds for other funds m connection with
work that would otherwise be performed, including services normally performed by part-time, temporary, or seasonal
workers; and, (iv) result in the creation of jobs that are m addition to those that would be funded in the absence of assistance
under WIA;
4. Agrees to submit weekly time reports of the hours worked by each Work Experience participant to the WIA Payroll Unit,
such reports to be mailed no later than Friday of each work week.
5. Will provide other information related to its role as an employer, as requested by the Service Provider;
~ 6. Understands that allowances for state or national holidays may be paid to Work Experience participants provided other
temporary employees within the organization receive holiday pay and the Service Provider has not expressly prohibited such
payments.
7. Agrees to accept responsibility for hours worked in excess of those authorized, or for work performed prior to WIA
enrollment of the Work Experience participant(s), or for work performed after WIA termination of the Work Experience
participant(s);
8. Will comply with Title VI of the Civil Rights Act of 1964 as those provisions relate to Work Experience assignments;
9. Will comply with the Americans with Disabilities Act of 1990;
10. Will comply with the Workforce Investment Act, its regulations, and guidelines;
11. Agrees to provide the necessary tools, eqw ment, uniforms, and other supplies to Work Experience participants to the same
degree as are non-WIA employees provided with the same;
12. Wil] provide safe and healthful working conditions for Work Experience participants, and will comply with Child Labor Laws
of Idaho Code and the Fair Labor Standards Act;
13. Understands that the State of Idaho will provide Worker's Compensation coverage for all Work Experience participants;
14. Agrees to indemnify, save and hold harmless the Service Provider, the Service Delivery District, the State of Idaho, their
officers, employees, and agents from any and all claims, causes of action, udgment, and costs arising out of the employer's
performance of this agreement. This clause includes, but is not limited to, c~aims or suits brought by WIA participants;
l5. Will ensure that Work Experience participants are supervised, and will ensure that all supervisory staff are aware of the
conditions of this agreement.
Typed or Printed Name of Employer Telephone Number
Street Address of Employer City, State, Zip Code
Signature of Employer Representative Date of Signature
DISTRIBUTION: White: PTSU Canary: Service Provider Pink: Employer
Form WIA-48 Completion Instructions
The WIA case manager is encouraged to discuss each of the numbered provisions of this agreement with the employer .-~
representative prior to completion of the form.
1. The name of the business should be printed or typed on the left side of the first line at the bottom of the
agreement form; the telephone number of the business should be entered on the right side of this line.
2. The street address (not Post Office Box) of the business should be entered on the left side of the second line at
the bottom of the agreement; the city, state, and zip code for the business should be entered on the right side of
this line.
3. The employer or his/her authorized representative should sign and date the last line at the bottom of the
agreement.
Distribution of agreement copies will be as listed at the bottom of the form.
Attachment C
WORK EXPERIENCE
OPERATIONAL GUIDELINES
A. Introduction to WIA
B. General Information
1. Maintenance of Effort
2. Sectarian Activities
3. Nepotism
4. Civil Rights Act of 1964
5. Americans with Disabilities Act of 1990
6. Child Labor Law Provisions
7. Motor Vehicles and Liability Insurance
8. Workers' Compensation and Safety
~-.
C. Supervisor Responsibilities
D. Weekly Time Report and Record Keeping
E. Confidentiality
F. Participant Payment and Benefits
G. Complaint Procedure
H. Participant Termination
I. Monitoring
WIA Case Manager Name:
Telephone Number:_
WIA-48-A
(R. 6-OS)
A. INTRODUCTION TO WIA
WIA stands for the Workforce Investment Act, a training program designed to prepare individuals
for participation in the labor force.
THE WORK EXPERIENCE COMPONENT
Work Experience means ashort-term or part-time work assignment with a public orprivate-nonprofit
employing agency for an individual who needs assistance in becoming accustomed to basic work
requirements. In addition to promoting the development of good work habits and basic work skills,
this component may provide short-term occupational exploration or limited job experience.
The work site supervisor plays an important part in meeting WIA objectives and assisting the
participant to achieve his/her training goal. This document will provide basic program information
along with instructions relating specifically to the work experience component. In addition, the WIA
Case Manager is available to answer questions or assist with specific program requirements.
B. GENERAL INFORMATION
1. Maintenance of Effort
Displacement of regular employees or contracted services, using WIA funds, is prohibited. Work
Experience assignments must be in addition to those employment and training opportunities that
would otherwise be available or funded in the absence of WIA funds. The agreement that is
signed by the sponsoring agency provides detailed information which prohibits a reduction of hours,
benefits, or displacement of regular employees. If you have questions or concerns regarding this
provision contact your WIA Case Manager immediately.
WIA funds cannot be utilized for any position(s) affected by a labor dispute involving work
stoppage.
2. Sectarian Activities
The employment or training of participants in sectarian activities is prohibited.
3. Nepotism
This rule prohibits employers from hiring members of the immediate family into a WIA training
position. The term "member of the immediate family" includes wife, husband, son, daughter,
mother, father, brother, sister, grandfather, grandmother, aunt, uncle, niece, nephew, stepparent,
stepchild, grandchild, and the corresponding in-laws to these family members. Although a paid
bona-fide employer-employee relationship does not exist between the Work Experience participant
and the work site, the placement of participants with agencies where family members are employed is ~
strongly discouraged.
,~ 4. Civil Rights Act of 1964
Under the Civil Rights Act of 1964, no person in the United States shall, on the grounds of race,
color, sex, religion, or national origin, be excluded from participation in, be denied the benefits of, or
be subject to discrimination under any program or activity receiving federal financial assistance. In
addition, WIA participants may not be excluded from participation in, be denied benefits of, or be
subjected to discrimination on the basis of age, handicap, or political affiliation or belief.
5. Americans with Disabilities Act of 1990
The Americans with Disabilities Act (ADA) of 1990 prohibits discrimination based on disability,
requires employers to make reasonable accommodations for individuals with disabilities, and
requires employers to utilize equal opportunity practices in the testing, selection, and hiring of
individuals with disabilities.
6. Child Labor Law Provisions
The Fair Labor Standards Act establishes restricted occupations and activities for minors under the
age of 18, commonly referred to as Child Labor Laws. Although Work Experience participants are
not employees, the Child Labor Law restrictions do apply to the learning experiences of the
participant. Your WIA Case Manager will provide written information pertaining to restrictions and
prohibitions for youth under age 18.
7. Motor Vehicles and Liability Insurance
If the work site's motor vehicles are used by a participant in accomplishing work experience
activities, the work site must carry comprehensive auto liability insurance with coverage not less than
$500,000 combined single limits per occurrence.
Due to the nature of the Work Experience program, participants are discouraged from using their
own vehicles in accomplishing the activities covered under the Work Experience Agreement. If a
participant, age 18 or older, is authorized and required to use his/her own vehicle in the performance
of duties, the participant must carry insurance coverage in the amounts cited in the paragraph above.
The work site must pay the participant mileage at the same rate it pays its non-WIA employees. WIA
will not reimburse the work site such mileage costs, nor will it reimburse the cost of the insurance
coverage required.
Note: Child Labor Laws restrict participants who are under the age of 18 from driving motor
vehicles or performing similar assignments such as driver's helper.
8. Workers' Compensation and Worker Safety
The Department of Commerce and Labor provides Worker's Compensation for all work experience
~ participants. Immediately notify the WIA Case Manager in the event of a participant accident or
injury. The work site will be provided with appropriate forms and filing procedures at this time.
The work site agrees to provide safe and healthful working conditions for participants. This includes
adequate supervision and instructions relating to the safe and proper use of facility equipment and
2
products. As a reminder, most work experience participants lack an employment background which .-~
might have equipped them with the basic elements of safe and sanitary work practices.
C. SUPERVISOR RESPONSIBILITIES
To accomplish the purpose of the Work Experience program, supervisors of WIA participants will be
expected to:
Provide adequate supervision and instruction
2. Require the same basic work rules, attitude, and dress code by WIA participants as is required
of all employees in the work place
Afford the same opportunities and treatment to WIA participants as is given to other
employees
4. Assist the participant in improving any work-related deficiencies that may be noted
5 Inform the WIA Case Manager of the participant's progress; both positive and negative
6. Inform the WIA Case Manager immediately if the participant terminates prior to the planned
completion date
7. Ensure the participant is pursuing the assignments and goals which are outlined on the WIA
Learning Plan or Workplan Resume (forms WIA 41-A and 175). If you wish to change the
assignment(s) of the participant, contact your WIA Case Manager
Maintain and submit appropriate time and attendance records. Ensure that work hours do not
exceed the hours authorized on the WIA Learning Plan. Note: hours must never exceed 40
hours per week.
D. WEEKLY TIME REPORT AND RECORD KEEPING
The Weekly Time Report (WIA-50) must be completed and submitted on the last working
day of the week. If the Weekly Time Report is used as the official record of attendance, the
form must be filled out on a daily basis. If attendance is recorded on a different form
(employer time report, time clock, etc.), and then transferred to the Weekly Time Report, the
form can be completed at the end of each week. Time sheets may not be pre-signed by either
the participant or supervisor and must contain signatures from the participant and an
authorized supervisor/individual according to the Signature Authorization, WIA Form -80.
The original and one copy of the Time Report should be submitted at the end of the week to
WIA Payroll Unit, 317 W. Main Street, Boise, ID 83735. The second copy should be sent to
the WIA Case Manager, and the final copy retained by the work site.
,.-.
Note: participants are paid every week. Failure to have the proper signatures or to submit
time sheets every week could result in delay of paychecks to the individual. Checks will be
mailed to the participant's home address.
2. The WIA case manager is responsible for providing each work site with a copy of the signed
Memorandum of Agreement and its attachments. These documents along with the employer
copy of the weekly time report should be maintained for a period of 3 years
E. CONFIDENTIALITY
WIA participant information is confidential. The work site may disclose whether or not an
individual is a WIA participant; however, the disclosure of any other information requires permission
of the participant.
F. PARTICIPANT PAYMENT AND BENEFITS
• Participants receive federal minimum wage for every hour of participation. Upon receipt of a
weekly time report, a payroll check is mailed to the participant's home address. The WIA Case
Manager should be notified immediately of an address change
• FICA employee withholding and employer contributions are made for work experience
payments.
• All work experience participants are covered by worker's compensation -see page 2 of this
r~ document.
• Allowances for recognized state or national holidays may be authorized by the funding
organization if other similarly situated, temporary employees within the organization receive
holiday pay and the Service Provider has not expressly prohibited such payments. When
authorized, participants will be paid holiday pay if they are normally scheduled to work on the
holiday, but cannot due to closure of your facility. Participants may also receive holiday
allowances if your agency honors a holiday on a substituted day rather than an actual holiday.
You must clearly indicate on the Weekly Time Report that another day has been substituted for
the recognized holiday.
• WIA may be able to provide, under certain circumstances, special supportive services to
participants. Such services must be necessary in order for the client to participate in training or
employment. The WIA Case Manager can provide additional information on the availability of
supportive services.
G. COMPLAINT PROCEDURE
r-~
A WIA participant or work site may file a complaint if it is believed that there has been a violation of
the WIA Act, regulations, rules, grant, or other agreements under the Act. This would include
discrimination, sexual harassment, other illegal action against the participant, or wage-hour disputes,
hazardous working conditions, etc.
Please contact your WIA case manager for detailed information regarding jurisdiction, periods of
time in which complaints may be filed, information needed, and forms to be completed.
4
H. PARTICIPANT TERMINATION
WIA administrative reasons for terminating a participant from the work experience component may
include maintenance-of--effort violations, fraud, and/or falsification of information.
The work site may also find it necessary to discharge a participant prior to the originally agreed upon
date. In such cases please observe the following instructions and, when possible, notify the WIA
case manager prior to termination.
1. Notify the participant of the intended termination and the reason for it
2. Tell the participant that he or she has the right to file a complaint with the WIA Case
Manager; the supervisor may assist the participant by offering to contact the WIA Case
Manager, or may encourage the participant to make this contact directly.
3. The final, signed time report must be submitted to the WIA payroll unit on the day of
termination.
I. MONITORING
Monitoring is a process of on-site visitation to provide technical assistance and ensure compliance ^
with the terms of the Work Experience Agreement and the WIA.
WIA work sites are generally visited at least once by the WIA Case Manager and may be visited by a
monitor representing your Workforce Investment Area or the WIA Administrative Entity. Monitoring
visits are conducted at the work place with as little disruption of the workday as possible.
NOTES:
5
Attachment D
AGREEMENT FOR LABOR EXPENSE REIMBURSEMENT
BETWEEN THE CITY OF MERIDIAN
AND THE IDAHO DEPARTMENT OF LABOR FOR IDAHO YOUTH CONSERVATION CORPS PROGRAM
UNDER THE WORKFORCE INVESTMENT ACT
This agreement is entered into by the City of Meridian, 33 E. Broadway Avenue, Meridian, ID 83642,
hereinafter referred to as "The City"; and the Idaho Department of Labor, 317 W. Main Street, Boise,
Idaho 83735, hereinafter referred to as "Idaho Dept of Labor."
WHEREAS, the U.S. Department of Labor through the Workforce Investment Act ("WIA") grants federal
funds to the Idaho Dept of Labor to administer the youth program that provides economically
disadvantaged youth year-round employment training services; and Idaho Dept of Labor is also the
recipient of economic stimulus funds from the American Recovery and Reinvestment Act of 2009,
which provides additional funding for WIA activities;
WHEREAS, the Governor of the State of Idaho has encouraged state agencies to better integrate and
coordinate the delivery of employment and training services to the citizens of the State;
WHEREAS, Idaho Code § 67-2326 authorizes public agencies to cooperate to their mutual advantage
to make the most efficient use of services and facilities in performing their statutory functions;
WHEREAS, Idaho Dept of Labor administers the Idaho Youth Conservation Corps program ("IYCC
~ program") that offers summer youth employment opportunities to eligible youth and provides such
employment by entering into cooperative agreements with federal, state and local agencies that will
host work sites for the IYCC program; and
WHEREAS, The City is a public agency of the State of Idaho and desires to assist the Idaho Dept of
Labor by providing potential projects for the IYCC program and paying certain program expenses
associated these projects.
NOW, THEREFORE, The City and Idaho Dept of Labor mutually agree as follows:
1. This agreement is executed concurrently with the Memorandum of Agreement for Work
Experience and Work Experience Operational Guidelines, which by this reference are hereby
incorporated herein for all purposes. In the event of conflict between the terms of this
agreement and the memorandum of agreement and operational guidelines, the stricter
provision shall prevail.
2. The City agrees to provide potential projects for the IYCC program. Attached hereto as Exhibit
"A" is a list of the potential projects. The parties contemplate that these projects will run for a
period of approximately eight weeks. The parties will by separate agreement determine which
projects from Exhibit A will be selected for work. The terms and conditions of this Agreement
will govern the performance of the work on the selected project.
3. The City will supervise the IYCC crew on any projects selected by the parties.
4. The Idaho Dept of Labor and The City each agree to pay Ten Thousand Dollars ($10,000)
toward the labor cost of the IYCC crew for the projects selected under this agreement. The City
will remit the amount directly to the Idaho Dept of Labor within ten business (10) days after
execution of this agreement.
Page 1 of 2
5. The persons responsible for administration of this agreement are:
City of Meridian
Rich Dees, Utility Operations Manager
3401 N. Ten Mile Road
Meridian, ID 83646
(208) 888-5242
Idaho Department of Labor
John Russ, Office Manager
Meridian Local Office
205 E. Watertower Lane
Meridian, ID 83642-6282
(208) 364-7785 ext. 3303
6. The City will remit any payment under this Agreement to:
Idaho Department of Labor
Attn: Accounting Bureau
317 W. Main Street
Boise, ID 83735-0610
7. The Idaho Dept of Labor is a governmental entity of the State of Idaho and this agreement for
labor reimbursement shall in no way or manner be construed so as to bind or obligate the State ^
of Idaho beyond the term of any particular appropriation of funds as may exist from time to
time. Idaho Dept of Labor reserves the right to terminate this agreement if, in its judgment,
either the legislature of the State of Idaho, the United States Congress, or the United States
Department of Labor fail, neglect or refuse to appropriate sufficient funds as may be required
by Idaho Dept of Labor to continue under this agreement. In the event this agreement is
terminated by Idaho Dept of Labor for lack of sufficient funding, all future rights and liabilities
of the parties to this agreement shall cease 10 business days after written notice of insufficient
funding is sent by Idaho Dept of Labor to The City.
8. The term of this agreement will run from the date of execution to September 30, 2010, unless
sooner terminated by either party upon written notice the other party. Any payment obligation
of a party will survive the termination of this agreement.
CITY OF MERIDIAN
BY: ~~~s-/ -~S4 DATE: `/~ d7 2[r~a
d ~ t C~
TITLE: ~ \ Mayor
IDAHO DEPARTMENT OF LABOR
BY: ~ e~ ~ ~~~~ DATE: 2 ? ~
~-.
Roger adsen '
TITLE: Director
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