HomeMy WebLinkAboutAgreement A-20-463 with FRWDB.pdfFresno Regional Workforce Development Board Page 1 of 9 Form# WKX-019, revised 090120
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.
FRESNO REGIONAL WORKFORCE DEVELOPMENT BOARD (FRWDB)
WORK EXPERIECE AGREEMENT
Between
WIOA Young Adult Provider of Service (PROVIDER)
And
County of Fresno (WORKSITE)
THIS FRWDB WORK EXPERIENCE AGREEMENT ("AGREEMENT") describes the terms and conditions
between the FRESNO REGIONAL WORKFORCE DEVELOPMENT BOARD’s WIOA Young Adult Provider of Service
(‘PROVIDER’), and the COUNTY OF FRESNO (‘WORKSITE”). In relationship to the placement of WIOA Young Adult
Participants (“PARTICIPANT”) placed at the WORKSITE. PARTICIPANTS are employees of WIOA Young Adult Provider
of Service. The WIOA Young Adult Provider of Service will act as the employer of record for the PARTICIPANT and
provide all payroll and associated costs (i.e. workers’ compensation, taxes, etc.) 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
is from 11/24/2020 to 11/23/2021, unless terminated sooner.
General Contract Provisions
The Worksite agrees to:
1. The PROVIDER will compensate the PARTICIPANT directly on the basis of actual on-site training hours. The
WORKSITE Supervisor will provide the PROVIDER with an accurately completed and approved timesheet,
signed in ink or electronic signature by both the PARTICIPANT and the designated WORKSITE Supervisor. The
PROVIDER will provide Workers’ Compensation insurance, and will pay all applicable payroll taxes. No overtime
hours will be allowed; however, if overtime compensation becomes due to a PARTICIPANT, the WORKSITE
agrees to reimburse the PROVIDER for the overtime compensation costs incurred.
2.Work Assignment:WORKSITE agrees to provide productive work assignments, as agreed upon in the Work
Experience Training Plan by the PROVIDER and WORKSITE, and assure that adequate work is available to keep
PARTICIPANT busy during working hours. If the WORKSITE determines that a change of job duties is
necessary, the PROVIDER must approve such changes by updating the Work Experience Training Plan with the
new/additional job duties. (See Attachment A, attached hereto and incorporated by reference, for Work
Experience Training Plan).
3. These provisions do not establish an employer/employee relationship between the WORKSITE and the
PARTICIPANT. The PROVIDER will be the employer of record, and the relationship between the WORKSITE and
the PARTICIPANT is one of trainer/PARTICIPANT.
4.Safety Training:Provide safety instructions necessary to reasonably protect the PARTICIPANT against injury,
and provide him or her with necessary equipment to carry out training responsibilities and duties. The WORKSITE
Supervisor will not allow the PARTICIPANT 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 PARTICIPANT is
prohibited from beginning work assignments until he or she has been adequately trained and qualified to perform
such work assignments.
5.Work Schedule:Each PARTICIPANT’S dates of placement, maximum number of allowable hours, and work
schedule will be outlined in his or her Work Experience Training Plan. The WORKSITE is responsible for paying
any hours worked over the maximum hours allowed or after the last day of work outlined in the Work Experience
Training Plan, unless an extended end date is requested and approved by the PROVIDER.
Agreement No. 20-463
Fresno Regional Workforce Development Board Page 2 of 9 Form# WKX-019, revised 090120
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.
The PARTICIPANT’S schedule, which is determined by the WORKSITE Supervisor, based on staffing needs and
the availability and age of the PARTICIPANT, must be approved by the PROVIDER.
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 the
PROVIDER.
6.Time Sheet Responsibilities:Require that PARTICIPANT 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 encouraged to review each PARTICIPANT’S time sheet, whether paper or
electronic, at the end of each week to insure that 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-site supervisors and a facility’s physical size
in placement decisions; more than two (2) PARTICIPANTS may be placed at one (1) site only if the
PARTICIPANTS 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 PARTICIPANT Mid-point and post evaluations as required by
Fresno Regional Workforce Development Board (FRWDB) policy and per the guidelines of the Supervisor’s
Handbook. The Mid-point performance review should include recommendations to improve the performance of
the PARTICIPANT or should document the basis for a decision to terminate further WORKSITE training, if
necessary. The final performance review should indicate whether the PARTICIPANT will be retained as a full-
time employee.
9.Worksite Monitoring:Allow PROVIDER, 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 PARTICIPANT. 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 PARTICIPANT 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 PARTICIPANT 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.
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.
Fresno Regional Workforce Development Board Page 3 of 9 Form# WKX-019, revised 090120
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.
10.Nepotism:Not provide a training assignment under this program for a member of the owner of the WORKSITE’S
immediate family.
11.Subcontract:Not subcontract the services of the PARTICIPANT 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 the
PROVIDER 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 PARTICIPANT 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:Insure PARTICIPANT is 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 PARTICIPANT without the written concurrence of the PROVIDER
17.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 each PARTICIPANT under the age of 18.
18.Hot and Inclement Weather and Drinking Water:Provide adequate indoor work to occupy PARTICIPANT
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 PARTICIPANT when the temperature
exceeds 95 degrees Fahrenheit. Insure 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.Safety: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 Act (the “FEHA”) and its regulations.
20.Compliance with OSHA:WORKSITE Supervisor, PROVIDER, and FRWDB shall, consistent with the manner
described in this section, comply with all federal and state OSHA regulations, which apply to the PARTICIPANT
assigned to WORKSITE Supervisor’s location. The following describes the general obligations of the WORKSITE
with regard to OSHA compliance:
a. FRWDB and/or 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
PARTICIPANTS are trained with regard to the specific hazards of and safe work practices before
commencing such work and/or training.
Fresno Regional Workforce Development Board Page 4 of 9 Form# WKX-019, revised 090120
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.
b. FRWDB and/or PROVIDER may inspect WORKSITE before assigning PARTICIPANT to work there. FRWDB
and/or PROVIDER may do so thereafter on a periodic basis, with prior notification.
c. Upon request by FRWDB and/or 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 biological hazards in the PARTICIPANT’S assigned tasks. WORKSITE Supervisor will inform
PARTICIPANT of the results of such monitoring and sampling in accordance with OSHA requirements.
FRWDB, PROVIDER, and any PARTICIPANT will be informed of any suspected or known employee
exposure in excess of OSHA permissible exposure limits, immediately following WORKSITE Supervisor’s first
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 WORSITE 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 and PROVIDER 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 will provide the WORKSITE Supervisor and all PARTICIPANTS with PROVIDER’S policies
against harassment, discrimination, and retaliation in the workplace upon assignment of any PARTICIPANT
to the WORKSITE location. PROVIDER will ensure that all PARTICIPANTS are trained on the application of
said policies against harassment, discrimination, and retaliation.
b. WORKSITE Supervisor will ensure that the PROVIDER’S policies against harassment, discrimination, and
retaliation are effectively implemented and followed in all respects.
c. WORKSITE Supervisor will report immediately to the PROVIDER 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 other information giving notice of a potential violation of FRWDB’s
policies.
d. WORKSITE Supervisor will cooperate with PROVIDER and FRWDB with respect to investigating promptly
any complaint of harassment, discrimination, or retaliation, and with respect to implementing any corrective
action that is reasonable or necessary to ensure that FRWDB’s policies against harassment, discrimination,
and retaliation are fully and effectively enforced. Upon the written request of FRWDB, either WORKSITE
Supervisor or PROVIDER will be given the primary responsibility to investigate any complaints of
noncompliance with the FRWDB’s EEO and nondiscrimination policies and to take any corrective action.
WORKSITE Supervisor and 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.
THE PARTIES HEREBY EXECUTE THIS AGREEMENT with their signature below.
WORKSITE:
County of Fresno
~igna~~~
Name: Ernest "Buddy" Mendes
Title: Chairman, Fresno County Board of Supervisors ATTEST:
WIOA Young Adult PROVIDER OF SERVICE:
Arbor E & T LLC, dba Equus Workforce Solutions
~~~D/4-11/25/20
Date:
Authorized Staff Name: Joseph Oaxaca ------------------
Title: Project Director
WIOA Young Adult PROVIDER OF SERVICE:
Fresno Economic Opportunities Commission (EOC)
~(~~~
Signature:
11/25/2020
Date:
Authorized Staff Name: _E_m_il_ia_R_ey._e_s ________ _
Title: Chief Executive Officer
WIOA Young Adult PROVIDER OF SERVICE:
Proteus Inc. ,
-illn U,1 ~ 00, ,J!JJ Signature:
Authorized Staff N · e: Maria Aguilar
11/25/20
Date:
--------------
Title: Youth Program Manager
WIOA Young Adult PROVIDER OF SERVICE:
West Hills Community College District
~ 8 ~;t,, 11/25/20
Signature: Date:
Authorized Staff Name: April Betterso n --------------
Title: Program Coordinator
Fresno Regional Workforce Development Board Page 5 of9 Form# WKX-019, revised 090120
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 .
Fresno Regional Workforce Development Board Page 6 of 9 Form# WKX-019, revised 090120
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.
Worksite Request Form
YOUNG ADULT WORK EXPERIENCE
HELP AT NO COST TO YOU
The Fresno Regional Workforce Development Board (FRWDB) strives daily to develop a quality Young Adult
program that prepares Fresno County Young Adults for tomorrow’s workforce. Our goal is to establish interest
in a variety of occupations within the government sector, from administrative to maintenance. The FRWDB
Young Adult Program has funding to provide approximately 250 sector focused Work Experience opportunities
that are designed to promote the development of good work habits, basic work skills, soft skills and job
retention for the next generation of workforce. FRWDB is committed to supporting the payroll, taxes and all
related costs to each candidate.
This project will prepare Young Adults for careers in local government occupational fields, including;
administrative, logistics, construction/trades, automotive, technology and maintenance. Progress will be
monitored to ensure Young Adult candidates are gaining experience in different government careers through
contextualized learning and undertaking hands-on projects by working closely with professional County of
Fresno employees. Upon program completion, Young Adults will have a clear understanding of the career
path/occupation they have chosen and will be able to make informed decisions about their future training and
job options.
All candidates undergo basic skills and career assessments. Before placement on a worksite, each participant
must successfully complete a Work Readiness Workshop designed to teach soft skills, effective work habits
and worksite behaviors such as attendance, punctuality, appearance, communication and team work skills.
Approved candidates will be matched with a designated County of Fresno staff/mentor to supervise Participants
for 200 hours of work experience. Participants are enthusiastic about earning a paycheck and learning what it
takes to succeed in the government sector, while developing skills and building a resume.
As a Worksite, you agree to:
• Clearly define expectations and consistently hold the Participant to those standards;
• Assign challenging tasks to help Participants develop skills and confidence; and
• Provide adequate supervision and frequent feedback to assure that tasks are completed correctly.
The WIOA Young Adult Program Provider of Service, as Employer of Record, will pay all payroll expenses and
provide workers’ compensation coverage.
We are looking for partners to offer work opportunities to our diverse Young Adult population. If you are
interested in hosting Young Adult Work Experience in your department, please email request to
aescareno@worforce-connection.com.
Exhibit A
Fresno Regional Workforce Development Board Page 7 of 9 Form# WKX-019, revised 090120
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
WORK EXPERIENCE TRAINING PLAN
Participant Name:State ID #Contract #
Agency Name:Provider:
Worksite Name and Work Experience (WEX) Location: Provider Address:
Worksite Supervisor: Name and Title Provider Staff Name:
Phone:Email:Phone:Email:
Alternate Supervisor: Name and Title Provider Program Manager:
Phone:Email:Phone:Email:
Participant Job Title:
Department (if any)
Work Schedule:
Dates of WEX Placement:
Participant may work a maximum of _____ hours per week
and a maximum of _____ total hours during WEX
placement.
The participant shall be compensated for actual hours at the rate of 100% of the hourly wage, not to exceed eight (8) hours
per day, and not to exceed 40 hours per week (20 hours if in-school)
WORKSITE TRAINING PLAN
Primary Tasks / Job Duties (Mandatory)–Clearly describe the work this participant will perform:
1.
2.
3.
4.
5.
And other duties as assigned:
List any equipment, tools, machinery or chemicals this participant will use, 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.
Describe your expectations for employee dress:
Transportation issues:
Fresno Regional Workforce Development Board Page 8 of 9 Form# WKX-019, revised 090120
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.
Participant Name:State ID#:
Occupational Educational Plan
Clearly describe the Occupational Education component the participant will
complete:Start Date End Date
1.
2.
3.
4.
Academic Educational Plan
Clearly describe the Academic Education component the participant will complete:Start Date End Date
1.
2.
3.
4.
We have reviewed the Youth Survival Guide, which sets forth the rules and expectations about acceptable workplace
behavior. I 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 the provider staff person if I have any questions or concerns.
_________________________________________________________________________________________________
Participant Signature Date Provider Staff Signature Date
I have reviewed the attached WEX Training Agreement and the General Contract Provisions and agree to comply
with the requirements therein. I have also reviewed the Supervisor Handbook, which sets forth the expectations and
requirements for the Fresno Regional Workforce Development Board WEX 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 staff.
_________________________________________________________________________________________________
Worksite Supervisor’s Signature Date
Fresno Regional Workforce Development Board Page 9 of 9 Form# WKX-019, revised 090120
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.
VERIFICATION OF SAFETY TRAINING
PARTICIPANT NAME: ______________________________________________
WORKSITE NAME: ____________________________________________State ID#_________________
The Worksite Supervisor must complete this form within the first week of training and place a copy of the original
in the participant’s file.
My signature below attests that:
1. The facility has a written safety policy that applies to this worksite.
2. A qualified instructor has provided this youth:
a. Training on the worksite’s safety rules and regulations.
b. Detailed instructions in the use of all the tools, equipment, and machinery listed in Section A. which this youth
will utilize in the performance of his/her 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
youth’s work assignments.
3. This worksite shall abide by all applicable ADA and CalOSHA safety regulations.
4. This worksite shall prohibit this participant from using any tools, equipment, and machinery for which training has
not been provided.
A. The following is a complete list of all tools, equipment, and machinery this participant will utilize in the performance of
his/her job:
Worksite Supervisor Signature Date
I have been trained in 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. I have also been given an orientation on the worksite’s safety
policies.
Participant Signature Date