HomeMy WebLinkAboutAgreement A-21-510 with WIOA.pdfFresno Regional Workforce Development Board Page 1 of 8 Form# WKX-023, revised 110221
This WIOA, Title I-financially assisted program/service is an equal opportunity employer/program.
Auxiliary aids and services are available upon request to people with disabilities and/or limited English proficiency.
WORKFORCE CONNECTION YOUNG ADULT SERVICES
WORK EXPERIECE AGREEMENT
Between
FRESNO REGIONAL WORKFORCE DEVELOPMENT BOARD
YOUNG ADULT PROVIDER OF SERVICES
And
THE COUNTY OF FRESNO
THIS WORKFORCE CONNECTION YOUNG ADULT SERVICES WORK EXPERIENCE AGREEMENT ("AGREEMENT")
describes the terms and conditions between the Fresno Regional Workforce Development Board (FRWDB) YOUNG ADULT
PROVIDER OF SERVICES (I The County of Fresno
the
Young Adult Provider of Services. The FRWDB Young Adult Provider of Services will act as the EMPLOYER OF
. Should
the PROVIDER stop being the EMPLOYER OF RECORD for the PARTICIPANT during the term of this AGREEMENT, the
AGREEMENT shall automatically terminate and the PROVIDER will immediately notify the WORKSITE of such termination.
The term of this AGREEMENT shall be for a period of three (3) years, commencing on November 24, 2021, through and
including November 23, 2024. This AGREEMENT may be extended for two (2) additional consecutive twelve (12) month
periods upon written approval of both parties no later than thirty (30) days prior to the first day of the next twelve (12) month
extension period. The Department Head, herein after referred to as the Worksite Supervisor or their designee is authorized
to extend this
AGREEMENT.
The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part
Exhibit A Work Experience Training Plan
Exhibit B Verification of Safety Training
General Contract Provisions
The Worksite/Worksite Supervisor agrees to:
1. The Provider of Services will compensate the youth directly on the basis of actual on-site training hours. The Worksite
Supervisor will provide the Provider of Services with an accurately completed and approved timesheet, signed in ink by
and will pay all applicable payroll taxes. No overtime hours will be allowed; however, if overtime compensation becomes
due to a youth participant, the worksite employer agrees to reimburse the Provider of Services for the overtime
compensation costs incurred.
2.Work Assignment: Provide productive work assignments, as agreed upon in the Work Experience Training Plan by the
Provider of Services and worksite employer, and assure that adequate work is available to keep youth participants busy
during working hours. If the Worksite Employer determines that a change of job duties is necessary, the Work Experience
Training Plan must be revised with the new/additional job duties and the Provider of Services must provide its prior
written approval.
3. These provisions do not establish an employer/employee relationship between the employer and the youth participant.
The Provider of Services will be the employer of record, and the relationship between the employer and the youth
participant is one of trainer/youth.
4.Safety Training: Provide safety instructions necessary to reasonably protect the youth against injury, and provide them
with necessary equipment to carry out training responsibilities and duties. The worksite supervisor will not allow the youth
Agreement No. 21-510
Fresno Regional Workforce Development Board Page 2 of 8 Form# WKX-023, revised 110221
This WIOA, Title I-financially assisted program/service is an equal opportunity employer/program.
Auxiliary aids and services are available upon request to people with disabilities and/or limited English proficiency.
to use any tools, equipment, or machinery until such time as the Verification of Safety Training has been completed, and
understands and agrees that the youth participants are prohibited from beginning work assignments until they have been
adequately trained and qualified to perform such work assignments.
5.Work Schedule: er of allowable hours, and work schedule will
be outlined in his or her Work Experience Training Plan. The worksite employer is responsible for paying any hours
worked over the maximum hours allowed or after the last day of work outlined in the Training Plan, unless an extended
end date is requested and approved by the Provider of Service.
Provider of Service.
An onsite Supervisor must be available during all scheduled work hours, including weekend hours, if any, and the
Provider must have staff available on-call to respond to any emergencies or concerns.
Any change from the originally agreed upon schedule, job duties or placement dates must be pre-approved by provider
staff.
6.Time Sheet Responsibilities: Require that Participants accurately and completely record all hours worked on paper or
electronic time sheets provided by the Provider and verified by the Worksite Supervisor. Worksite Supervisors are
time records accurately report the actual hours worked and do not record any hours for unexcused absences, lunch
breaks, hours not worked or recreational activities not approved by the Provider.
7.Supervision: Provide adequate full-time adult supervision of each Participant by paid staff members (non-volunteer)
and timely, constructive feedback, with a maximum ratio of one (1) adult Worksite Supervisor to two (2) Participants. The
Provider will consider the number of on-
two (2) youth may be placed at one (1) site only if the youth are separated physically - in different departments or on
different floors. When the Worksite Supervisor assigned to each Participant is unavailable, ensure an alternate supervisor
is designated. The Worksite should, whenever possible, inform the Provider if a new supervisor is assigned to the
Participants. Assure that sufficient training, materials and equipment are available to carry out work assignments.
8.Performance Reviews: Prepare and submit youth mid-point and post evaluations as required by Fresno Regional
-point
performance review should include recommendations to improve the performance of the youth or should document the
basis for a decision to terminate further worksite training, if necessary. The final performance review should indicate
whether the youth will be retained as a full-time employee.
9.Worksite Monitoring: Allow Provider of Services, FRWDB, State of California, and/or Department of Labor
representatives to monitor all conditions and activities involved in performing this agreement. The Worksite Supervisor
must assure the following:
a. No currently employed worker will be displaced by a youth. This includes partial displacement such as reduction in
hours of non-overtime work, wages, or employment benefits.
b. No training assignment will infringe upon the promotional opportunities of currently employed individuals.
c. No youth shall be placed in a position substantially equivalent to positions for which employees have been laid off.
d. Ensure that Participants do not engage in political, labor organizing, religious, or non-work-related fundraising
activities during work hours.
e. The youth will not assist in the operation or maintenance of that part of any facility that is used for religious instruction
or worship.
f. Appropriate standards of health and safety and a drug free workplace will be maintained.
g. Adequate insurance will be in effect at all times.
Fresno Regional Workforce Development Board Page 3 of 8 Form# WKX-023, revised 110221
This WIOA, Title I-financially assisted program/service is an equal opportunity employer/program.
Auxiliary aids and services are available upon request to people with disabilities and/or limited English proficiency.
h. Comply and cooperate with audit surveys, audits, and any request by the State of California Department of Labor,
Comptroller General, or FRWDB to secure an audit or audit waiver in compliance with Public Law 97-300 Section
164 or the Single Audit Act.
10.Nepotism.
family.
11.Subcontract. Not subcontract the services of the youth provided under this agreement.
12.Transportation. Ensure that the Participant does not operate a motor vehicle and is not transported offsite to attend
meetings or work at different sites during the work day without the express written approval of provider staff in advance.
13.Insurance. Certify that there will be in effect, throughout the term(s) of training, proper personal and property liability
insurance, and if required, appropriate bonding. The worksite shall provide proof of said coverage prior to the youth
commencing training.
14.Collective Bargaining. Obtain the concurrence of the appropriate bargaining entity, when a collective bargaining
agreement exists, in order to ensure compliance of the prescribed training with the terms of said agreement.
15.Confidentiality. Ensure youth are aware of any Worksite policies and procedures with respect to protecting confidential
information from disclosure, except to authorized persons.
16.Discipline. Not initiate discipline on the youth without the written concurrence of the Provider of Services.
17.Youth File Folder onsite. Maintain a list of Participants, their work assignments, schedules, and emergency card at
each worksite as well as a valid work permit for Participants under the age of 18.
18.Hot and Inclement Weather and Drinking Water. Provide adequate indoor work to occupy Participants during
inclement weather and periods when the temperature reaches 105 degrees Fahrenheit, when the regular Worksite is
designated as out-of-doors.
Provide adequate cool water, access to shade and extra rest periods for Participants when the temperature exceeds 95
degrees Fahrenheit. Ensure Participants know how to recognize the symptoms of heat stroke and heat exhaustion and
what to do.
Provide access to an on-site source of heat, extra rest periods, and thermal insulating materials on equipment handles
for Participants when the temperature drops below 30 degrees Fahrenheit.
19. Comply with all applicable federal, state, and local laws and regulations relating to a safe and accessible work
environment, including but not limited to, federal and state Occupational Safety and Health Administration ("OSHA") laws
and regulations, Americans with Disabilities Act (the "ADA") and its regulations, and the Fair Employment and Housing
20.Compliance with OSHA. Worksite Supervisor, Service Provider, and FRWDB shall, consistent with the manner
described in this section, comply with all federal and state OSHA regulations, which apply to the youth assigned to
OSHA compliance:
a. FRWDB and/or Service Provider shall provide that its employees are trained in general safe work practices prior to
commencement of services for Worksite Supervisor. Worksite supervisor shall provide that the youth are trained
with regard to the specific hazards of and safe work practices before commencing such work and/or training.
b. FR
Fresno Area Workforce Investment Corporation and/or Service Provider may do so thereafter on a periodic basis,
with prior notification.
c. Upon request by FRWDB and/or Service Provider the Worksite Supervisor will provide documentation of the
completion of their OSHA obligations under this section. Worksite Supervisor will include training in its exposure
monitoring and sampling programs for the purpose of quantifying employee exposures to chemical, physical, and
monitoring and sampling in accordance with OSHA
Fresno Regional Workforce Development Board Page 4 of 8 Form# WKX-023, revised 110221
This WIOA, Title I-financially assisted program/service is an equal opportunity employer/program.
Auxiliary aids and services are available upon request to people with disabilities and/or limited English proficiency.
requirements. FRWDB, Service Provider, and any youth will be informed of any suspected or known employee
knowledge of such overexposure.
21. The Worksite Supervisor is to notify the Provider within 24 hours of any accidents, special situations, or unusual
occurrences. If a Participant is injured or becomes ill, provide first aid or medical attention and notify the Provider
immediately, no matter how minor the injury. No more than 24 hours after notice of the injury or illness, the Worksite
Supervisor shall file all forms required by the Provider. Furthermore, the Worksite shall cooperate with any injury or
illness-related reporting requirements deemed necessary by Provider.
22. Compliance with Equal Employment Opportunity (EEO) laws: Worksite Employer and Provider of Services shall,
consistent with the manner described in this section, comply with all federal, state, and local laws requiring equal
employment opportunity, and prohibiting discrimination, harassment, and retaliation in the workplace. The following
describes the general obligations of the parties with regard to compliance with EEO and nondiscrimination obligations:
a. Provider of Service will provide Worksite Supervisor
location, and Service Provider will ensure that all youth are trained on the application of said policies against
harassment, discrimination, and retaliation.
b.
are effectively implemented and followed in all respects.
c. Worksite Supervisor will report immediately to Provider of Service and to the FRWDB, any information that might
constitute a violation of EEO policies against harassment, discrimination, or retaliation, whether such information is
a formal complaint or any
d. Worksite Supervisor will cooperate with Provider of Service and FRWDB with respect to investigating promptly any
complaint of harassment, discrimination, or retaliation, and with respect to implementing any corrective action that is
fully and effectively enforced. Upon the written request of FRWDB, either Worksite Supervisor or Service Provider
nondiscrimination policies and to take any corrective action. Worksite Supervisor and Service Provider will provide
FRWDB with copies of all documents relating to the investigation and any corrective action taken.
23. Termination of the Agreement: Failure by either party to comply with any or all of the terms and conditions set forth in
this AGREEMENT may be cause for the non-breaching party to terminate this AGREEMENT. This AGREEMENT may
be terminated by either party without cause upon 30 days advance notice. These program activities are contingent upon
federal funding and may be terminated by the PROVIDER or if program funding is discontinued.
The parties each represent and warrant that the signatories below are authorized to sign this AGREEMENT on behalf of
themselves or the party on whose behalf they execute this AGREEMENT.
Ecteronic Signatures. Each party agrees that this Agreement and any other documents to be delivered in connection
herewith may be electronically signed, and that any electronic signatures appearing on this Agreement or such other
documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.
THE PARTIES HEREBY EXECUTE THIS AGREEMENT with their signature below.
As an authorized agent of the work experience WORKSITE, I hereby acknowledge that the WORKSITE understands and
agrees to the requirements set forth in this agreement, the general provisions and the Work Experience Training Plan.
DocuS ign Envelope ID : 99B608C9-4FA8-4020-87C1-48BE30A66475
WORKSITE: '
County of Fr71 l 1--
Signature: •
ATTEST:
Name : Steve Brandau
Title : Chairman , Fresno County Board of Supervisor
As a FRESNO REGIONAL WORKFORCE DEVELOPMENT BOARD YOUNG ADULT PROVIDER OF SERVICES
(PROVIDER), I hereby acknowledge and accept all conditions as set forth in this agreement , the general provisions
and the Work Experience Training Plan.
~f.RP,VIDER OF SERVICES: Arbor E & T LLC, dba Equus Workforce Solutions (Equus)
~ &-.... 11/2 /2021
Signature:
Name : Joseph Oaxaca
Title : Project Director
Date :
r;Q§,J;>iiQ.VIDER OF SERVICES: Fresno Economic Opportunity Commission (FEOC)
~ti,,,, "l:7'4-11/4/2021
5197245E FBD/493 ...
Signature: Date:
Name : Emilia Reyes
Title : Chief Executive Director
F WQfit,,P.,RP,VIDER OF SERVICES: Proteus, Inc.
Maria Aguilar 11;2;2021
Signature: Date:
Name : Maria Aguilar
Title : Youth Program Manager
WD&rPROVIDER OF SERVICES: West Hills Community College District (WHCCD)
Jv,sfo,_, bOJl'cio., 11;3;2021
Signature: Date:
Name: Justin Garcia
Title: Dean of Educational Services
Fresno Regional Workforce Development Board Page 5 of 8 Form# WKX-023 , revised 110221
This WIOA, Title I-financially assisted program/service is an equal opportunity employer/pro gram .
Auxiliary aids and services are available upon request to people with disabilities and /or limited Engli sh proficie ncy .
Fresno Regional Workforce Development Board Page 6 of 8 Form# WKX-023, revised 110221
This WIOA, Title I-financially assisted program/service is an equal opportunity employer/program.
Auxiliary aids and services are available upon request to people with disabilities and/or limited English proficiency.
Exhibit A
WORK EXPERIENCE TRAINING PLAN
Participant Name: Participant Job Tile:
State ID Number: Department (if any):
Work Schedule: Participant may work a maximum of _____ hours per week
and a maximum of _____ total hours during Work
Experience placement.
Start Date: _____ End Date: _____
The Participant shall be compensated for actual hours at
the rate of 100% of the hourly wage, not to exceed four (4)
hours per day on school days and eight (8) hours per day
on non-school days, total per week not to exceed 40 hours.
Provider of Service Name: Worksite Name:
Provider of Service Address: Worksite Address:
Primary Staff Name: Worksite
Supervisor Name:
Primary Staff Phone: Worksite
Supervisor Phone:
Primary Staff Email: Worksite
Supervisor Email:
Alternate Manager/Staff
Name:
Alternate Worksite
Staff Name:
Alternate Manager/Staff
Phone:
Alternate Worksite
Staff Phone:
WORKSITE TRAINING PLAN
Primary Tasks / Job Duties (Mandatory) Clearly describe the work this Participant will perform. Include all tasks
that the participant will be performing at the worksite. Attach additional sheet if necessary.
List any equipment, tools, machinery or chemicals this Participant will use on the job, i.e., gardening tools, cleaning
supplies, computer:
SPECIAL EMPLOYMENT NEEDS
Describe any special equipment or clothing this Participant will need to have, i.e., uniforms, safety glasses, work
boots, etc.
expectations for the Participant:
Fresno Regional Workforce Development Board Page 7 of 8 Form# WKX-023, revised 110221
This WIOA, Title I-financially assisted program/service is an equal opportunity employer/program.
Auxiliary aids and services are available upon request to people with disabilities and/or limited English proficiency.
Issues, if any:
Participant Name:
OCCUPATIONAL EDUCATIONAL PLAN
Clearly describe the Occupational Education component the participant will complete during the
Work Experience:
Start
Date
End
Date
ACADEMIC EDUCATIONAL PLAN
Clearly describe the Academic Education component the participant will complete during the
Work Experience:
Start
Date
End
Date
We have reviewed the Participant Survival Guide, which sets forth the rules and expectations about acceptable workplace
behavior. We have reviewed the Occupational and Academic Educational Plan and agree to comply with the requirements
therein. I understand that I am solely responsible for my actions and agree to comply with all rules. I will contact my
assigned staff if I have any questions or concerns.
I have reviewed the attached Work Experience Training Agreement and the General Contract Provisions and agree to comply
Manual, which sets forth the expectations and
requirements for the Fresno Regional Workforce Development Board Work Experience in more detail. I understand that
compliance with these provisions will be monitored.
I understand that any change to the originally agreed upon schedule, job duties or placement dates must be pre-approved
by provider Employer of Record staff.
Participant Name Participant Signature Date
Provider Staff Name Provider Staff Signature Date
Worksite Supervisor Name Worksite Supervisor Signature Date
Fresno Regional Workforce Development Board Page 8 of 8 Form# WKX-023, revised 110221
This WIOA, Title I-financially assisted program/service is an equal opportunity employer/program.
Auxiliary aids and services are available upon request to people with disabilities and/or limited English proficiency.
Exhibit B
VERIFICATION OF SAFETY TRAINING
PARTICIPANT NAME: ______________________________________________
WORKSITE NAME: ____________________________________________
This worksite shall prohibit this Participant from using any tools, equipment, and machinery for which training has not been
provided. Worksite Supervisor/Authorized Worksite Staff must provide Safety Training and complete this form with the
participant prior to allowing the participant the use any tools, equipment and machinery.
My signatures below attest that:
1. The facility has a written safety policy that applies to this worksite.
2. A qualified staff has provided this Participant:
a.
b. Detailed instructions in the use of all the tools, equipment, and machinery listed in Section A. which this
Participant will utilize in the performance of their job.
c. Training in emergency procedures.
d. Training in the Worksite Supervisor's Injury and Illness Prevention Program (IIPP), emergency action and fire
prevention plans, and all other site specific safety rules and safety and health programs pertinent to this
3. This worksite shall abide by all applicable ADA and CalOSHA safety regulations.
4. The following is a complete list of all tools, equipment, and machinery this Participant will utilize in the performance
of their job:
training on the use of all tools, equipment, and machinery listed above, and I agree to use only those tools, equipment, and
machinery on which I have been trained.
Authorized Staff Name Authorized Staff Signature Date
Participant Name Participant Signature Date