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HomeMy WebLinkAboutMINUTES - 05251993 - 1.52 ey TO: BOARD OF SUPERVISORS f` 5 Contra FROM: Phil Batchelor, County Administrator Costa DATE: May 6, 1993 County SUBJECT: Participation jn the Summer Youth Employment and Training Program. SPECIFIC REQUEST(S) OR RECOMMENDATION(S) 8t BACKGROUND AND JUSTIFICATION RECOMMENDATION Authorize the County Administrator to execute an agreement between the County and the Contra Costa County Office of Education, under the terms of which 1993 Summer Youth Employment and Training Program (SYETP) participants will be placed in various County departments to receive work experience during the period June 10, 1993 through August 27, 1993 contingent upon execution of a master 1993 SYETP contract between the Contra Costa County Private Industry Council (County Department) and the Contra Costa County Office of Education for provision of the 1993 SYETP. FINANCIAL H"ACT The placement of 1993 SYETP participants in various County departments will result in no additional personnel costs to the County, and the additional work provided by the participants should be of more value than the cost of supervision, work tools, and other costs necessary to support the additional workers. REASONS FOR RECOMMENDATION/BACKGROUND SYETP provides needed job-related training and income for low income youth of the County, while at the same time providing needed services which cannot be met by existing County staff. Each year the federal government provides funds to the County to conduct youth employment and training programs, and regularly the Board has authorized departments to participate in the program as they so choose. The program has proven to be beneficial to both the departments and the youth who participate. The recommended action will authorize department heads to enter into agreement with representatives of the Contra Costa County Office of Education to place youth in work employment and training slots within various department determined by the department head. Authorizing the County Administrator to execute the agreement will expedite the process. The program is scheduled to begin on June 10, 1993. CONSEQUENCES OR NEGATIVE ACTION: The consequence of negative action would be to deny County departments of needed' human resources and many low income youth a meaningful job-related training experience. CONTINUED xperience.CONTINUED ON ATTACHMENT: YES SIGNATUREt RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON APPROVED AS RECOMMENDED 7C OTHER VOTE OF SUPERVISORS x UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Personnel Department ��// CC: County Administrator ATTESTED Contra Costa County Office of Education Phil 8atchelo ,Clerk of the Board of Private Industry Council (via Personnel) Supervisors and County Administrator M382/7-e3 BY DEPUTY fl I -52 SYETP WORKSITE AGREEMENT FOR PUBLIC AGENCY THIS WORKSITE AGREEMENT between the County of Contra Costa located at 651 Pine Street, Martinez, California 94553 hereinafter called the "Worksite Agency," and the SYETP Contractor, Contra Costa County Superintendent of Schools, for its Neighborhood Youth Corps unit, . located at 77 Santa Barbara Road, Pleasant Hill , California 94523, hereinafter called the "Sponsor," will provide assurance of adherence to Worksite Standards and Criteria for the Summer Youth Employment and Training Program (SYETP), as provided for under U.S. Department of Labor Regulations, State of California laws and regulations, and the Contra Costa County Private Industry Council policies, Job Training Partnership Act Regulations. . A. Worksite Agency Obligations 1. All notices provided for by this Worksite Agreement shall be in writing and may be delivered by deposit in the United States mail , postage prepaid. Notices to the sponsor shall be addressed to 77 Santa Barbara Road, Pleasant Hill, California 94523. Notices to the County of Contra Costa shall be addressed to Private Industry Council, 2425 Bisso Lane, Suite 100, Concord, CA 94520. Notices to the Worksite Agency shall be addressed to the agency's address designated herein. The effective date of notice shall be the date of deposit in the mails or of other delivery. 2. The Worksite Agency will provide a copy of this Agreement to all individuals who are directly responsible for supervision of SYETP participants, and will provide the Sponsor with the names, addresses and telephone numbers of SYETP supervisors. 3. The Worksite Agency assures that in the absence. of the regular supervisor, participants shall be supervised by a substitute supervisor, and shall notify Sponsor of the name and phone number of the substitute supervisor. 4.. The Worksite Agency assures that all immediate worksite supervisors and designated substitute supervisors will attend orientation for ' worksite supervisors as provided by the Sponsor; said orientation shall include, but not be limited to, SYETP goals and Worksite Agency responsibilities. 5. The Worksite Agency assures that supervision of a. participant shall be on a one-to-one basis whenever possible and shall not exceed a ratio of one supervisor to eight participants. -1- 6. The Worksite Agency shall complete the "Agency Application for Participation in the Summer Program" which will identify the number, kinds and location of jobs the agency needs to establish, along with other pertinent data. .. 7. The Worksite Agency shall document participant attendance in accordance with procedures prescribed by Sponsor, and will maintain verification of time worked. 8. The Worksite Agency assures that work hours for participants at recreational facilities will be recorded only for actual time worked as overseers of recreational activities, not as persons taking part in recreational activities. 9. The Worksite Agency assures that it shall provide participants with work experience which is substantially similar to that described in the job description; that sufficient work will be available to occupy all participants during their working hours; and that for participants working outdoors, in the event of inclement weather an alternate worksite will be provided or the work day will terminate. IO. .The Worksite Agency assures that it will make available sufficient equipment and/or materials to carry out the work assignments. 11. The Worksite Agency assures -that it will provide. all participants with orientation to all applicable policies regarding safety, rules of conduct and procedures expected of all employees; and that no differentiation in the application of -policies based upon age, sex, or race shall be instituted unless dictated by law, i.e., Fair Labor Standards Act, Child Labor Provisions, Job Training Partnership Act, SYETP, and/or State of California Education Codes governing work experience. 12. The Worksite Agency will release participants for necessary counseling, skills training, and workshops as deemed necessary by the Sponsor. 13. The Worksite Agency assures adherence to child labor laws, and the provision of a safe and sanitary working environment for SYETP participants. 14. The Worksite Agency assures that work experience activities at the Worksite Agency shall not involve the construction, operation, 'or maintenance of such part of any facility as is used, or will be used for sectarian instruction, or as a place of religious .worship. 15. The Worksite Agency assures that the work experience activities at the Worksite Agency shall not involve political activities in the offices of elected officials, such as mayors, county executives, governors, members of Congress, or State legislators. -2- 16. The Worksite Agency will report participant injuries to SYETP Field Office on forms provided. 17. The Worksite Agency assures that no participant will be placed in or remain working in any position which violates JTPA maintenance of effort regulations. JTPA maintenance of effort regulations prohibit any participant being placed in or remaining in any classification which either: a. Is under lay-off and the recall list expiration date has not yet been reached; b. Is under lay-off and no recall list/reemployment rights exist, for a period of one year from the last lay-off or until the next operating year of the agency, whichever occurs later; or c. Is under a hiring freeze. 18. The Worksite Agency assures that no participant will replace or take the place of Agency's current" regular employees; nor will any participant be placed in or remain working in any position which is affected by a labor dispute. 19. The Worksite Agency assures that it will permit on-site monitoring of worksite activities by Sponsor, Contra Costa County Private Industry Council , the State of California and the U.S. Department of Labor. 20. The Worksite Agency will provide sufficient information for, and the Sponsor will maintain a complete and accurate job description for each participant, and the job description will be filled with the Worksite Agency in writing prior to the assignment of a participant. 21. Throughout the enrollment in work experience, participants shall receive guidance services from the Worksite Agency, in order to prevent or diminish difficulties. 22: The Worksite Agency assures that it will report (on required forms) any job injury, even first aid type injuries within 24 hours to the . NYC/SYETP office. B. Sponsor Obligations 1. Throughout the enrollment in work experience, participants shall receive guidance services from the Sponsor in order to prevent or diminish difficulties. 2. The Sponsor shall provide all participants with orientation to SYETP including goals and objectives, appropriate worksite behavior, program rules and regulations, and payroll policies and procedures. -3- 3. The Sponsor shall refer* participants to' the Worksite Agency. 4. The Sponsor shall maintain valid work permits on file for all participants under the age of 18,. except 17 year-olds who have graduated from high school . 5. At the time of assignment of a participant to the Worksite Agency, the Sponsor shall advise the Worksite Agency of the approximate total number of hours agreed to with the participant for work experience. The.Sponsor shall monitor the work hours for each participant, and shall notify the Worksite. Agency and participant in a timely fashion of the date upon which the number of hours may be expected to be completed. 6. The Sponsor will pay participant wages at the prevailing minimum wage rate, and shall maintain worker's compensation insurance for all participants. 7. The Sponsor shall institute a Worksite Agency monitoring pian, and the Worksite Agency shall be informed and advised of the monitoring plan prior to implementation. 8. The Sponsor will be responsible for updating this agreement as necessary, in order to reflect current conditions. C. Indemnification Worksite Agency. The Worksite Agency shall defend, indemnify, save and hold harmless the Sponsor and its officers and employees, from any and all claims, costs and liability for any damages, sickness, death or injury to person(s) or property, including without limitation all consequential damages, from any cause whatsoever arising directly or indirectly from acts of the Worksite Agency or its agents, servants, employees, or subcontractors in connection with the operations or services hereunder. Worksite Agency will reimburse the Sponsor for any expenditures, including reasonable attorney fees, the Sponsor may make by reason of the matters that are the subject of this indemnification, and if requested by the Sponsor will defend any claims or litigation to which this indemnification provision applies at the sole cost and expense-of the Worksite Agency. Sponsor. The Sponsor shall defend, indemnify, save and hold harmless the Worksite Agency and its officers and employees from any and all claims, costs and liability for any damages, sickness, death or injury to person(s) or property, including without limitation all consequential damages, from any cause whatsoever arising directly or indirectly from acts of the Sponsor or its agents, servants, employees, or subcontractors in connection with the operations or services hereunder. Sponsor will reimburse the Worksite Agency for any. expenditures, i.nciuding reasonable attorney fees, the Worksite Agency may make by reason of the matters that are the subject of this indemnification, and if requested by the Worksite Agency will defend any claims or litigation to which this indemnification provision applies at the sole cost and expense of -the Sponsor. -4- Both Parties. Notwithstanding the foregoing, when such claims, costs, and liability for any damages, sickness, death, or injury to person(s) or property, including consequential damages, is attributable to the acts of both parties or their agents, servants, employees, or subcontractors, each party shall be responsible for the injury.attributable for its acts or those of its agents, servants, employees, or subcontractors_ D. Termination Termination of this Worksite Agreement may be made by either party upon 30-days written notice prior to the date of termination. However, if the Sponsor discovers that the Worksite Agency is incapable of, or has failed to provide experiences in accordance with agreements and ' requirements, this Worksite Agreement may be terminated immediately. E. Conformance with Federal and State Regulations Should Federal or State regulations touching upon the subject of this Worksite Agreement be adopted or revised during.the term hereof, this Worksite Agreement shall be amended to assure conformance with such Federal or State requirements. To the extent there is a conflict between the provisions of this Worksite Agreement and Federal and State requirements, the Federal or State requirements shall previal over -the provisions of this Worksite Agreement. This agreement is effective as of ,]une ]niag3and will remain in effect until August 27i 992 unless'terminated by either party as provided in "C" on preceding page. Signatures: These Signatures attest the parties' agreement hereto: CONTRA COSTA COUNTY SUPERINTENDENT OF SCHOOLS, By: Signature John E. Herdrickson,Qepn y �t;nT n ,� r tnt (Name typed or printed, Title) WORKSITE AGENCY, By: Signature Eileen K. Bitten, (Name typed or printed) Assistant Director of Personnel (Designate official capacity in organization and affix corporation seal or attach resolution of governing board) -5-