Reso 2009-1427 - Laserfiche WebLink

Home Browse Search

" ATTACHMENT B LANGUAGE FOR INCORPORATION INTO THE CONTRACT OF ASSISTANCE Grant#FL-96-X028 The "Public Body", City of Sunny Isles Beach, agrees that the following terms and conditions shall apply for the protection of employees in the mass passenger transportation industry in the service area of the project: 1 The project shall be carried out in such a manner and upon such terms and conditions as will not adversely affect employees in the mass passenger transportation industry within the service area of the project. The"service area" as used herein, includes the geographic area over which the project is operated and the area whose population is served by the project, including adjacent areas affected by the project; 2 All rights, privileges, and benefits (including pension rights and benefits) of employees (including employees already retired) shall be preserved and continued; 3 The Public Body shall be financially responsible for any deprivation of employment or other worsening of employment position as a result of the project; 4 In the event an employee is terminated or laid off as a result of the project, he shall be granted priority of employment or reemployment to fill any vacant position for which he or she is, or by training or retraining can become, qualified. In the event training or retraining is required by such employment or reemployment, the Public Body shall provide or provide for such training or retraining at no cost to the employee; 5 Any employee who is laid off or otherwise deprived of employment or placed in a worse position with respect to compensation, hours, working conditions, fringe benefits, or rights and privileges pertaining thereto at any time during his or her employment as a result of the project, including any program of efficiencies or economies directly or indirectly related thereto, shall be entitled to receive any applicable rights, privileges and benefits as specified in the employee protective arrangement, known as C-1, certified by the Secretary of Labor under Section 405(b) of the Rail Passenger Service Act of 1970 on April 16, 1971 (See Appendix C-1, a copy of which is included on the Department's website.). An employee shall not be regarded as deprived of employment or placed in a worse position with respect to compensation, etc., in case of his or her resignation, death, retirement, dismissal for cause, or failure to work due to disability or discipline. The phrase "as a result of the project" as used herein shall include events occurring in anticipation of, during, and subsequent to the project; In the event any new employment opportunities in the areas including, but not limited to bus operators, mechanics, stock clerks,janitorial services or supervisory support of the aforementioned employment areas are created directly or indirectly or as a result of the project, said employment opportunities shall initially be offered to any laid off Miami-Dade Transit bargaining unit employees. This obligation extends only to Miami-Dade Transit employees that were not laid off for cause or any other malfeasance. Additionally, this requirement applies to the hiring of laid off