HomeMy WebLinkAboutFresno Regional Workforce Development Board (FRWDB) WIOA Young Adult FRWDB Provider of Service 7-1-23 DocuSign Envelope ID:9F14A2C1-3B7C-482B-A798-432641851ED1
WORKFORCE CONNECTION YOUNG ADULT SERVICES
WORK EXPERIECE AGREEMENT
Between
FRESNO REGIONAL WORKFORCE DEVELOPMENT BOARD (FRWDB)
and
WIOA YOUNG ADULT FRWDB PROVIDER OF SERVICE (FRWDB Designee)
and
CITY OF FRESNO (WORKSITE)
THIS YOUNG ADULT SERVICES WORK EXPERIENCE AGREEMENT
("AGREEMENT") describes the terms and conditions between the FRESNO REGIONAL
WORKFORCE DEVELOPMENT BOARD ("FRWDB"), and the WIOA YOUNG ADULT
FRWDB PROVIDER OF SERVICE ('FRWDB DESIGNEE'), and the CITY 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 FRWDB DESIGNEE of Service. The WIOA Young Adult FRWDB
DESIGNEE 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 WDB DESIGNEE stop being the employer of record for the PARTICIPANT during the
term of this AGREEMENT, the AGREEMENT shall automatically terminate and the WDB
DESIGNEE will immediately notify the WORKSITE of such termination. The term of this
AGREEMENT is from 07/01/2023 to 06/30/2024 unless terminated sooner.
General Contract Provisions
FRWDB agrees to:
1. Fund this Agreement, in the form of Young Adult Participant wages, for an amount
not to exceed $140,400.00 (USD). At an average cost of$ 3,510.00 per participant,
this equates to a maximum number of 40 participants. ($3,510.00 cost per
participant = 200 hours x $17.55 hourly wage including payroll taxes and
workers compensation). The FRWDB's Designee will compensate the participant
directly following California's minimum wage guidelines at the hourly rate of$15.00
(USD).
2. Instruct FRWDB contractual designees to assist Worksite in referral of WIOA
enrolled Young Adult Participants.
FRWDB Designee agrees to:
1. Assess low income in-school and out of school young adults ages 14-24 who have
one or more barriers to employment for possible referral to Worksite.
2. Most participants have very minimum or no prior work experience.
3. Mandate that each participant completes basic skills and career assessments that
help identify interest, aptitudes, and skills.
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4. Oversee that participant successfully completes a Job Readiness Workshop that
is designed to teach soft skills, effective work habits, and worksite behaviors such
as attendance, punctuality, appearance, communication and team work skills.
5. To additionally provide coursework that includes resume writing and interview
preparation.
6. Provide supportive services (at FRWDB expense) to help participants overcome
certain barriers such as transportation, work attire, child care and more.
7. Assign a one-on-one Academic and Career Advisor will assess participant for
potential employment.
8. Insure match based on the participant's interests and aptitudes within the
Government Sector, specifically open positions at Worksite (City of Fresno).
The Worksite agrees to:
1. The FRWDB DESIGNEE will compensate the PARTICIPANT directly on the basis
of actual on-site training hours. The WORKSITE Supervisor will provide the
FRWDB DESIGNEE with an accurately completed and approved timesheet,
signed in ink or electronic signature by both the PARTICIPANT and the designated
WORKSITE Supervisor. The FRWDB DESIGNEE 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 FRWDB DESIGNEE 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 FRWDB
DESIGNEE 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 FRWDB DESIGNEE 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 FRWDB DESIGNEE 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
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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 FRWDB DESIGNEE.
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 FRWDB DESIGNEE.
An onsite Supervisor must be available during all scheduled work hours, including
weekend hours, if any, and the FRWDB DESIGNEE 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 FRWDB DESIGNEE.
6. Time Sheet Responsibilities: Require that PARTICIPANT accurately and
completely record all hours worked on paper or electronic time sheets provided by
the FRWDB DESIGNEE 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 ensure 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 FRWDB DESIGNEE.
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 FRWDB DESIGNEE 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 FRWDB
DESIGNEE if a new supervisor is assigned to the PARTICIPANTS. Assure that
sufficient training, materials and equipment are available to carry out work
assignments.
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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 FRWDB DESIGNEE, 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.
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
workday without the express written approval of the FRWDB DESIGNEE in
advance.
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13.Indemnification:
(a) To the fullest extent allowed by law, City ("City Indemnifying Party")
shall indemnify, hold harmless and defend FRWDB and FRWDB Designee, and
each of their officers, officials, directors, commissioners, employees, agents
contractors consultants and authorized volunteers from any and all loss, liability,
fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict
liability, including but not limited to personal injury, death at any time and property
damage) incurred by FRWDB and FRWDB or any other person, and from any and
all claims, demands and actions in law or equity (including attorney's fees and
litigation expenses), arising or alleged to have arisen directly or indirectly from the
acts, negligent or intentional, or omissions, or willful misconduct of the City
Indemnifying Party or any of its officers, officials, directors, employees, agents,
contractors, consultants or authorized volunteers in the performance of this
Agreement; provided nothing herein shall constitute a waiver by the Indemnifying
Party of governmental immunities including California Government Code Section
810 et seq. The duty to indemnify and defend shall apply to all claims and liability
regardless of whether any insurance policies are applicable and the policy limits
do not act as a limitation upon the amount of indemnification to be provided. This
indemnification obligation shall survive termination or expiration of this Agreement.
(b) To the fullest extent allowed by law, FRWDB and FRWDB Designee
("Workforce Indemnifying Parties") shall indemnify, hold harmless and defend City,
and each of its officers, officials, directors, employees, agents contractors,
consultants and authorized volunteers from any and all loss, liability, fines,
penalties, forfeitures, costs and damages (whether in contract, tort or strict liability,
including but not limited to personal injury, death at any time and property damage)
incurred by City or any other person, and from any and all claims, demands and
actions in law or equity (including attorney's fees and litigation expenses), arising
or alleged to have arisen directly or indirectly from the acts, negligent or intentional,
or omissions, or willful misconduct of the Workforce Indemnifying Parties or any of
their officers, officials, directors, commissioners, employees, agents, contractors,
consultants or authorized volunteers in the performance of this Agreement;
provided nothing herein shall constitute a waiver by the FRWDB of governmental
immunities including California Government Code Section 810 et seq. The duty to
indemnify and defend shall apply to all claims and liability regardless of whether
any insurance policies are applicable and the policy limits do not act as a limitation
upon the amount of indemnification to be provided. This indemnification obligation
shall survive termination or expiration of this Agreement.
14.Insurance: Each party, and their subcontracts with, shall maintain limits of liability
of not less than those set forth below. However, insurance limits available to each
party, its officers, officials, employees, agents, and volunteers as additional
insureds, shall be the greater of the minimum limits specified herein or the full limit
of any insurance proceeds available to the named insured:
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1. COMMERCIAL GENERAL LIABILITY:
(i) $1,000,000 per occurrence for bodily injury and property damage;
(ii) $1,000,000 per occurrence for personal and advertising injury;
(iii) $2,000,000 aggregate for products and completed operations; and,
(iv) $2,000,000 general aggregate applying separately to the work
performed under the Agreement.
2. COMMERCIAL AUTOMOBILE LIABILITY:
$1,000,000 per accident for bodily injury and property damage.
3. WORKERS' COMPENSATION INSURANCE as required by the State of
California with statutory limits.
4. EMPLOYER'S LIABILITY:
(i) $1,000,000 each accident for bodily injury;
(ii) $1,000,000 disease each employee; and,
(iii) $1,000,000 disease policy limit.
UMBRELLA OR EXCESS INSURANCE
In the event, each party purchases an Umbrella or Excess insurance policy(ies) to
meet the "Minimum Limits of Insurance," this insurance policy(ies) shall "follow
form" and afford no less coverage than the primary insurance policy(ies). In
addition, such Umbrella or Excess insurance policy(ies) shall also apply on a
primary and non-contributory basis for the benefit of the other parties and their
officers, officials, employees, agents, and volunteers.
DEDUCTIBLES AND SELF-INSURED RETENTIONS
Each party shall be responsible for payment of any deductibles contained in any
insurance policy(ies) required herein and FRWDB DESIGNEE shall also be
responsible for payment of any self-insured retentions. Any deductibles or self-
insured retentions must be declared to on the Certificate of Insurance, and
approved by, the party's designated Risk Manager or designee. At the option of
the WORKSITE'S Risk Manager or designee, either:
(i) The insurer shall reduce or eliminate such deductibles or self-insured
retentions; or
(ii) provide a financial guarantee, satisfactory to each party's Risk
Manager or designee, guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
16. OTHER INSURANCE PROVISIONVENDORSEMENTS
The Workers' Compensation insurance policy is to contain, or be endorsed to
contain, the following provision: Each party and its insurer shall waive any right of
subrogation against the other parties and their officers, officials, employees,
agents, and volunteers.
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VERIFICATION OF COVERAGE
Each party shall furnish the others with all certificate(s) and applicable
endorsements effecting coverage required hereunder. All certificates and
applicable endorsements are to be received and approved by each party's Risk
Manager or his/her designee prior to the execution of the Agreement and before
work commences. All non-ISO endorsements amending policy coverage shall be
executed by a licensed and authorized agent or broker.
15.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.
16.Confidentiality: Insure PARTICIPANT is aware of any WORKSITE policies and
procedures with respect to protecting confidential information from disclosure,
except to authorized persons.
17.Discipline: Not initiate discipline on the PARTICIPANT without the written
concurrence of the FRWDB DESIGNEE.
18.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.
19.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.
20.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.
21.Compliance with OSHA: WORKSITE Supervisor and FRWDB DESIGNEE shall
consistent with the manner described in this section, comply with all federal and
state OSHA regulations, which apply to the PARTICIPANT assigned to
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WORKSITE Supervisor's location. The following describes the general obligations
of the WORKSITE with regard to OSHA compliance:
a. FRWDB DESIGNEE 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.
b. Fresno Regional Workforce Development Board (FRWDB) and/or FRWDB
DESIGNEE may inspect WORKSITE before assigning PARTICIPANT to work
there. FRWDB and/or FRWDB DESIGNEE may do so thereafter on a periodic
basis, with prior notification.
c. Upon request by FRWDB and/or FRWDB DESIGNEE 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, FRWDB DESIGNEE, 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.
22.The WORKSITE Supervisor is to notify the FRWDB DESIGNEE 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 FRWDB
DESIGNEE 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 FRWDB DESIGNEE. Furthermore, the WORKSITE shall
cooperate with any injury or illness-related reporting requirements deemed
necessary by FRWDB DESIGNEE.
23.Compliance with Equal Employment Opportunity (EEO) laws: WORKSITE
and FRWDB DESIGNEE 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. FRWDB DESIGNEE will provide the WORKSITE Supervisor and all
PARTICIPANTS with FRWDB DESIGNEE'S policies against harassment,
discrimination, and retaliation in the workplace upon assignment of any
PARTICIPANT to the WORKSITE location. FRWDB DESIGNEE will ensure
that all PARTICIPANTS are trained on the application of said policies against
harassment, discrimination, and retaliation.
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b. WORKSITE Supervisor will ensure that the FRWDB DESIGNEE'S policies
against harassment, discrimination, and retaliation are effectively implemented
and followed in all respects.
c. WORKSITE Supervisor will report immediately to the FRWDB DESIGNEE 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 FRWDB DESIGNEE 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 FRWDB
DESIGNEE 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 FRWDB
DESIGNEE will provide FRWDB with copies of all documents relating to the
investigation and any corrective action taken.
24.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 FRWD and/or FRWDB DESIGNEE or if program funding is discontinued.
Signatories
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: City of Fre no
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Sign to a Date
C2wMe-An� P�- L,Dh')$f,, m
Name Title
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DocuSign Envelope ID:9F14A2C1-3B7C-482B-A798-432641851 ED1
F ANQR9GlONAL WORKFORCE DEVELOPMENT BOARD (FRWDB):
79,
�"�- °"� 7/14/2023
6A34OF34E7E64 05__
Signature Date
Blake Konczal Executive Director
Name Title
FRWDB DESIGNEE OF SERVICE: Fresno Economic Opportunity Commission
(FEOnG�Signed by:
7/14/2023
Signature Date
Emilia Reyes Chief Executive Officer
Name Title
FRWDB DESIGNEE OF SERVICE: Arbor E&T LLC, dba Equus Workforce
Solutions (Equus)
FDOLT! 1-gned by.
V6Jtss 7/3/2023
Sig naf u re Date
Mark Douglass President
Name Title
F P4,,PgSIGNEE OF SERVICE: Proteus, Inc.
)Ft,Yln ").A. ftuouje�#' 7/10/2023
Signature Date
Fernanda Mendoza Youth Program Manager
Name Title
FRV�.. ..,QgSIGNEE OF SERVICE: America Works of California, Inc
Vr. l bbwts 7/10/2023
Signature Date
Dr. Lee Bowes CEO
Name Title
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