04-474�.�� ��s� �/� /��
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Presented By
Referred to
Committee: Date
1 WIiEREAS Ramsey County Worl�orce Solutions Progam contracts with service providers to implement
2 the Minnesota Family Investment Program to place clients in supervised volunteer and work posirions
3 and;
4 WHEREAS one of the service providers is JVS and Employment Action Center; arid
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WHEREAS JVS has contacted the Volunteer Services Office of the Como Park Zoo and Conservatory
Campus in an effort to place their clients in volunteer positions at the Campus and;
WHEREAS suitable opportuniries are available at the Como Park Zoo and Conservatory which will
benefit Campus Programs and provide valuable experience for JVS clients and;
WHEREAS Ramsey County and JVS require that a contract be executed between the Como Park Zoo
and Conservatory, St. Paul Pazks and Recrearion, and JVS as a condition of clients performing
supervised volunteer work at the Campus and;
12 WHEREAS Ramsey County requires that the contract between the Worksite provider (Como Campus )
13 and the Employment Services Provider (JVS) must contain a clause that indexnnifies Ramsey County and
14 the Employment Services Provider (JVS) from liability arising out of the Worksite Provider's
15 performance under the contract Agreement and;
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WHEREAS a Council Resolution is required in order for the City to indexnnify another party;
NOW THEREFORE BE IT RESOLVED, that the City council approves the contract between the Como
Park Zoo and Conservatory Campus, St. Paul Parks and Recreation, and JVS including the
indemnification clause.
Benanav
try
����J Requested by Division of Parks and
Recreation
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By:
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Adopted by Council: Date: Q S�d vy
Adoption Certified by Council Secretary
By:
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Form Approv�d by C' y
By: /
Approve� Mayor Eor
Council File #
Green Sheet #
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By:
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DEPARTMENT/OFFICE/COUNCIL DATEINITATED GREEN SHEET NO. 3015577
Parks and Recreation 4l26l04
CONTACTPERSONANDPHONE � INITIAVDATE MITWLIDATE
LIZANDERSON487-8237 I � DEPARTMENT�IRECTOR�/ 4 CITYCOUNCIL
� `�R�� 24$-�}'235\ UMBERFO -
� OUIING Z CIiYATTORNEY 5 qNCLERK
RDER
MUSTBEONCOUNCILAGENDABY(DA"(� ❑ FINANCIALSERVICESDIR. � FINANCULLSERV/ACCTG
May 5, 2004 J MAYOR(ORASSISTANn 6 PARKS: L'¢Anderson
TO7ALUOFSIGNAiUREPAGES CLIPAIILOCATIONSFORSIGNATUR�
� � ACTION REQUESlED:
Approval of attached Council Resolution allowing Saint Paul Parks and Recreation to enter into attached agreement
which wili provide supervised volunteer opporkunities for ciients of JVS on the Como Park Zoo and Conservatory
" ' " Campus: _
RECOMMENDATIONS. Approve(A)OtRejeet(R) PERSONALSERVICECONTRACTSMUSTANSWERTHEFOLLOWING�UESTIONS:
- � _ PLANNINGCAMMISSION �. Hasfhisperson/firtneverworketluntleracrontractiorthistleparimenY?
CIB COMMITTEE YES NO
� CIVILSERVICECOMMISSION 2. Hasttiisperson/firtneverbeenaaryemployee?
YES NO
� 3 Does fhis person/firtn possess a skill not nortnally possessetl by any curzent ciry employee?
YES NO
� 4. Is Nis person/firtn a brgetetl vendoR
, YES NO
, EzpWN all yes answers on separate sheet and atfach to green sheeL
�� INITIATING PROBLEM, ISSUE, OPPORTUNIN (Who. What, When, Where, Why):
' JVS is an employment service provider who works through the Ramsey County WorkForce Solutions program to provide
, their clients with supervised volunteer opportunities. .1VS approached the Volunteer Services Office at Como Campus
to place clients in the Campus pragram. Suitable opportunities are available and witl benefit the Campus programs. In
;, order for JVS clients to participate in the Campus volunteer program a contract between JVS and St. Paut Parks &
Recreation must be executed. One of the provisions of the contract is that the Worksite Provider, St. Paul Parks &
`' Recreation (City) indemnifies JVS, the Employment Service Provider and Ramsey County from liability arising out of or
` related to the Worksite Providers' performance. Coverage for injuries received by the clients while performing their
volunteer duties are provider under MN Stat. 256J.68, Injury Protection for Work Experience Participants.
�ADVANTAGESIFAPPROVED.
Como Campus will receive the benefit of multiple hours of supervised volunteer time to assist Campus programs.
DISA�VANTAGES IF APPROVED: �
None
' DISADVANTAGES IF NOTAPPROVED �
Como Campus will lose valuable volunteer support for their programs.
� TOTALAMOUNT OF 1RANSACTION � COST/REVENUE BUDGETED (CIRCLE ONE) YES NO
FUNDING SOURCE ACTIVffY NUMBER
FINANCIAL INFORMATION: (EXPLAIN)
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MP'IP Work Opportunity Project
npaid Work E�erience Agreeme�
This is an agreement between
Employment Services Provider
and
with regard to
Worksite Provider Name Address
Participant Name Social Security Number
The Worksite Provider agrees that the Participant will work an average of hours per week but not
more than hours per week over the period indicated on Addendum 1, attached hereto and made a part
of this Ageement. The Worksite Provider agrees to document the working schedule and hours worked of the
Participant and to submit the documentation to the Employment Services Provider.
The Worksite Provider also agrees to:
l. Assign the Participant to the job duties and under the conditions described in Addendum 1.
2. Train the Participant to execute job duties and provide sufficient work to occupy the Participant for
assigned hours during the period of time specified in Addendum 1.
3. Provide safe and appropriate job conditions and safety training, including a worksite that complies with
federal Occupational Safety and Health Administrarion and State Deparhnent of Labor and Tndushy
safety standards.
4. Provide proper treahnent and report any Participant injuries to the Employment Service Provider
immediately.
5. Provide the Participant with adequate supervision comparable to that provided the Worksite Provider's
employees in similu positions.
6. Provide sufficient materials, supplies, and equipment to the Participant to fully carry out job duties.
7. Maintain and report to the Employment Services Provider accwate hours of training, rime and attendance,
as well as regular progess reports.
8. Allow monitoring visits to evaluate the wark site.
9. Notify the Employment Services Provider within twenty-four hours of terminating a Participant before
the completion of the agreed upon work experience durarion for the Participant.
10. Comply with all federal, state, and local Employee Right to Know, Fair Labor, Health, Safety, and
Environmental standards and OSHA, Human Rights, Non-Discriminarion, and Child Labor laws.
11. Maintain data relating to this agreement for a period of six years from terminafion of the ParticipanYs
placement and
The Worksite Provider agrees to defend and indemnify the Employment Services Provider and Ramsey County,
their officials, employees, and agents from any and all liability, loss or damage they may suffer as a result of
claims, demands, judgments, or costs, including reasonable attorney's fees, arising out of or related to the
Warksite Provider's performance or failure to perform under this Agreement.
The Employment Services Provider agrees to:
1. Provide Participant with employee development services, which include pre-placement assessment of
work strengths and career interests.
2. Provide job coaching on site to the Participant with regard to good wark practices in coordination with the
work site supervisor.
3. Perform and document a work site safety review.
Ramsey Courny Unpaid W ork Experience Agreement March 2004
ON-
The Worksite Provider aclmowledges that claims by the Participant relating to injuries incuned as a result of
duties performed for the Worksite Provider under this agreement will be processed and paid in accordance witk
the provisions of Minnesota Stat. Section 256J.68, Injury Protecfion for Work Experience Participants and that,
except as provided under Secrion 256J.68, the County is not responsible for and assumes no liability for the
acfions of the Participant at the Worksite. It is the responsibility of the Worksite Provider to carry such insurance
as is necessary to protect itself under the terms of this Agreement.
This agreement may be modified at any time in writing by the Worksite Provider and the Employment Services
Provider. This agreement may be revoked at any time by either the EmploymenY Services Provider or the
Worksite Provider.
The Worksite Provider agrees that it will not place the Participant in a job affected by a labor dispute or involving
a work stoppage or in a position involving polifical, religious, union or lobbying activities.
The Worksite Provider agrees that:
(1) No other individual is on layoff from the same job or any job substantially equivalent to the work
assignment of the Participant; and
(2) If the Participant will fill a vacancy, the vacancy was not created by terminating the employment of any
regular employee or otherwise causing an involuntary reduction of the Worksite Provider's warkforce in
order to fill the vacancy with a program Participant.
Note: If a Collective Bargaining Agreement is in place for any posifions of the Worksite Provider, the
appropriate bargaining representative must sign the statement below.
The Worksite Provider agrees that the job duries of the Participant will not include any duties that are now
performed by a paid staff person or will be performed by a paid staff person. There is no collective bargaining
unit which represents any posifion which contains any job duties that will be performed by the Participant.
Collective Bargaining Agent Statement of Concurrence or Non-Applicability
Organization Name
Collective Bargaining Agent
In regards to the representations of the Worksite Provider in (1)-(2) above:
Concurs Does not concur Has no opinion on the acfivities proposed
This position is not subject to a collecrive bargaining agreement
Agent Signature:
�.�,..�. �e-� � �.��. - '� v S �i - a 3 _ o �
Employment Services Provider Signature Date
Worksite Provider Signature
Date
Ramsey County Unpaid Work Experience Agreement March 2004
bN-
MI'IP Work Opportunity Project
Work Eguerience A2reement- Addendum 1
Name of Worksite Provider:
Contact Person Name/Title:
Contact Person Address:
Phone: Fax: E-mail:
Address/Phone of worksite if different from above:
Site Supervisor Name/Title:
Supervisor Phone:
Supervisor Aours:
Pager:
Email:
Names of other staff who will be working directly with participant:
Job Duties of Participant:
Tools/Equipment/Softwaze to be used:
Participant work schedule:
Ramsey County Unpaid Work Experience Agreement March 2004