Business and Career Services, Inc Worksite Agreement Part I
Work Experience Program
1
Business and Career Services, Inc. Work Experience Program Worksite Agreement Part I
Worksite:
Contact Person:
Phone #: Fax #:
Under the Business and Career Services, Inc. (BCS) Work Experience Program, this agreement is made and entered into this day of _____________________________________ between BCS and _____________________________________________________________ hereinafter referred to as the worksite. The parties under this Agreement do mutually agree to the provision of the following services in accordance with Part I General Conditions and Part II Position Description(s) as attached. Part I contains general conditions required of worksites and needs to be signed only once by the site representative supervisor. Part II is specific to individual participants employed at the site and a separate Part II must be completed for each participant assigned to the site.
Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between the work site and Business and Career Services, Inc. The parties to this Agreement acknowledge that the participants in the Work Experience Program are not employees for state and federal tax purposes or for any other purpose. A. GENERAL OBLIGATIONS: The Worksite agrees to: 1. Not begin a worker without written authorization from Business and Career Services, Inc. 2. Keep accurate records of participants daily attendance by verifying and approving attendance information recorded on the approved time and attendance forms. 3. Ensure that workers assigned to the Site perform activities as described in Part II: Position Description. A participants hours are not to exceed the approved number of hours without the prior approval from BCS staff. BCS will not pay overtime and the participants hours cannot exceed 40 per week. 4. Provide continuous on-site supervision. There should be a supervisor on the premises at all times. 5. Provide adequate space, equipment, and safe working conditions for the workers. This includes compliance with child labor laws in accordance with the relevant provisions of Chapter 48 (Employment) of the Illinois Revised Statutes. Business and Career Services, Inc Worksite Agreement Part I Work Experience Program 2 6. Follow an appropriate disciplinary process for workers who do not follow worksite rules. Site supervisors are to provide a positive learning experience for the workers. The work site will contact Business and Career Services, Inc. regarding any concerns or problems before any disciplinary action takes place. 7. Permit on-site visits and observation of workers by authorized representatives of the funding source.
Business and Career Services, Inc. agrees to: 1. Pay each worker actively working at an approved worksite for the appropriate supporting documentation (this excludes those participating in nonpaid work experiences). 2. Insure participants under its Workers Compensation policy. 3. Pay participants only for actual hours worked. Makeup time is not permitted. Lunches are not paid. 4. No obligation will be incurred by Business and Career Services, Inc. until: (1) this Agreement is approved by all parties, (2) a signed W-4 for the worker is on file with Business and Career Services, Inc., and (3) all documentation necessary has been received to determine eligibility. 5. Business and Career Services, Inc. expressly acknowledges that participants in the Work Experience Program are not employees of the work site and that the work site is not responsible for paying participants, nor withholding state or federal taxes on participants behalf. Furthermore, Business and Career Services, Inc. expressly acknowledges the work site is not responsible for making state or federal unemployment contributions on behalf of any participant in the Work Experience Program, making disability insurance contributions on behalf of any participant, or obtaining workers compensation insurance on behalf of any participant in the Work Experience Program.
B. GENERAL ASSURANCES: The following assurances are made under this agreement: 1. No participant under this agreement may engage in political or, unless otherwise required by law, religious activities at a site or as a condition for placement. 2. No participant who is related to an employer may be assigned to any site where the site participates under this agreement. 3. No participant will be placed, or position opening filled, when another individual who is employed by the work site is on layoff from the site or substantially equivalent job, or when the work site has terminated or reduced the workforce with intent to fill vacancies by participants. 4. No individual currently employed by the work site shall be displaced by a participant. 5. The work site shall fully comply with all applicable federal, state, and local laws and regulations, including Equal Employment Opportunity and Illinois Fair Employment Practices. 6. No participant may continue at a site or, upon termination, be hired at a site if he/she has been terminated from the Work Experience Program for administrative causes, i.e. failure to attend. 7. This Agreement shall end on . Applicable provisions (e.g. indemnity) shall survive termination or expiration. 8. This Agreement shall be governed by the laws of the State of Illinois.
Business and Career Services, Inc Worksite Agreement Part I Work Experience Program 3 C. COMPLAINTS AND GRIEVANCES: Business and Career Services, Inc. shall comply with a grievance procedure in accordance with Section 181 (c) of the Workforce Investment Act.
D. EQUAL OPPORTUNITY / NONDISCRIMINATION: Business and Career Services, Inc. assures, with respect to operation of Workforce Investment Act funded activities specified in the Scope of Services, that it will comply fully with the nondiscrimination and equal opportunity provisions in Section 188 of the Workforce Investment Act.
Business and Career Services, Inc. further assures that it will comply with the following provisions: 1. Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, and national origin; 2. Section 504 of the Rehabilitation Act of 1073, as amended, which prohibits discrimination against qualified individuals with disabilities; and 3. The Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age.
E. TERMINATION FOR LIABILITY AND PERFORMANCE: 1. If a participant suffers damages and makes a claim against Business and Career Services, Inc. as a result of any negligent acts, commissions or omissions of the worksite within the scope of employment, or trading, or other terms of this Agreement, the worksite or subcontractor will defend, at its own expense, any suit based on the claim and will pay any resulting judgment or settlement against Business and Career Services, Inc. Notwithstanding, work sites obligations for indemnity hereunder shall not obligate work site to any liability for which it would otherwise be immune under the Illinois Local Government and Governmental Employees Tort Immunity Act. 2. In no event shall there be any liability on the part of Business and Career Services, Inc. or any of its agents or officers for payments or performance of obligations undertaken by the worksite or subcontractor in excess of funds furnished to Business and Career Services, Inc. by the United Sates Department of Labor/or State of Illinois Department of Employment Security. 3. Either party may terminate this Agreement upon material breach of the other party.
This Agreement shall terminate in full, or in part, at the discretion of Business and Career Services, Inc., in the event that Business and Career Services, Inc. suffers loss of funding or termination of the grant, which permits it to fund, in full or part, the work site. In the event Business and Career Services, Inc., suffers such a loss of funding in full or part, Business and Career Services, Inc. shall give the worksite written notice which shall set forth the effective date of full or partial termination, or if a change in funding is required, setting forth the change in funding and the changes in the approved budget.
The parties agree to all the terms and conditions contained in the Worksite Agreement Part I.
____________________________________________________________________________________ Name of Worksite
__________________________________________ Signature of Worksite Representative
________________________________________ Signature of Program Representative
__________________________________________ Printed Name and Title of Worksite Representative
________________________________________ Printed Name and Title of Program Representative
December 14, 2012, FM/27/12 Legal Brief Dated in response to Motion filed by 501376, a body corporate. FM/27/12 Charter Challenge - Charter Application – Andre Murray v. ROYAL BANK OF CANADA, 501376 N.B. Ltd., a body corporate, Province of New Brunswick, Canada.