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
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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.
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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.
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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.
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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.
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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)
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