AGENDA
ITEM
13 CITY OF CALENCO AGENDA
CALEXICO California ITEM
WHERE CALIFORNIA AND MEXICO MEET
13 CITY COUNCIL
AGENDA STAFF REPORT
DATE: January 17, 2024
TO: Mayor and City Council
APPROVED BY: Esperanza Colio Warren, City Manager liminal he PREPARED BY: Denise Garcia, H.R./R.M. Managine Lascio
SUBJECT: Approval of 2023-2025 CalWORKs PREP Program Agreement with the County of Imperial and Authorizing the City Manager to Sign Agreement 2====== =========== C================================
Recommendation:
Approve the 2023-2025 CalWORKs PREP Program Agreement with the County of Imperial and authorize the City Manager to sign Agreement.
Background:
The CalWORKs PREP (Pre-Employment Preparation) Program in conjunction with the IVROP (Imperial Valley Regional Occupation Program) partners with non-profit agencies such as the City of Calexico to provide work to individuals who are eligible to participate.
The CalWORKs PREP Program pays 100% of the trainee's salary. The City is responsible for providing supervision, assignments, training, and performance evaluations only. Qualified individuals are afforded training in areas such as general office work, assisting with recreation activities, adult literacy, library activities, and traffic control. Trainees must be supervised at all times by a full-time City employee.
Work is assigned as additional activities are generated during the year.
Discussion and Analysis:
The City of Calexico has used and benefited from the services of training programs such as this one.
These partnerships allow individuals to learn skills that will contribute to their transition to employment opportunities in the public or private sector. The Agreement is for a two-year period ending December Fiscal Impact:
None.
Coordinated With:
City Administration
CalWORKs/IVROP Program Specialists
Attachment(s):
1. 2023-2025 CalWORKs PREP Program Agreement
2 AR-2023-0589 DSS
Standard CalWORKs WEX Worksite Agreement
Revised 8/24/2023
1907
CALIFORNIR SO I SENS CALIFORNI
CALWORKS NON-SALARIED VOLUNTEER WORK EXPERIENCE PROGRAM ("PROGRAM") WORKSITE AGREEMENT ("CALWORKS WEX WORKSITE AGREEMENT" OR "AGREEMENT")
BETWEEN
COUNTY OF IMPERIAL COUNTY ("COUNTY")
THROUGH ITS DEPARTMENT OF SOCIAL SERVICES ("DSS")
AND
IMPERIAL VALLEY REGIONAL OCCUPATIONAL PROGRAM ("IVROP") AND
CITY OF CALEXICO (WORKSITE)
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This CalWORKs Non-Salaried Volunteer Work Experience Program Worksite Agreement ("WEX Worksite Agreement" or "Agreement") is made this 1ST day of DECEMBER 2023, ("Effective Date") by and between the County of Imperial ("County"), a political subdivision of the State of California ("County"), through its Department of Social Services ("DSS"), Imperial Valley Regional Occupational Program ("IVROP"), and CITY OF CALEXICO ("Worksite") to set out the terms and conditions of Worksite's participation in the County's CalWORKs Non- Salaried Volunteer Work Experience Program ("CalWORKs WEX Program" or "Program"). They are referred to as "Party" individually and as "Parties" collectively. 2| Page
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BACKGROUND INFORMATION ABOUT THE "CALWORKS WEX PROGRAM" A. CalWORKs WEX Program Description:
WEX Program provides non-salaried volunteer work experience placements for eligible Welfare- To-Work ("WTW") Participants ("WTW Participant" or "Participant") within public, non-profit, or private entities. While at the Worksite, the County pays for the Participants' workers' compensation insurance. The Worksite is not under any obligation to pay any wages to WEX Program Participants. Therefore, there are no out-of-pocket costs to the Worksite. Historically this Program creates approximately 750 non-salaried work experience placements throughout Imperial County in any given fiscal year.
The overall goal of the WEX Program is to establish foundational, employable skill sets for WTW Participants through the following areas of focus:
Establishment, maintenance, and renewal of worksite agreements. • Providing supervised work experience in a realistic "hands-on" work setting.
Creating opportunities to develop good work habits and attitudes in a supportive environment.
Providing current work experiences for Participants returning to the labor force. • Assisting Participants in refreshing existing skill sets.
Providing Participants an opportunity to build marketable job skills for those looking to make a career change.
The WEX Program creates a streamlined employment development process for WTW Participants leading to participation in subsidized employment.
B. IVROP as CalWORKs WEX Program Facilitator for the County The County of Imperial has entered into a separate service agreement with Imperial Valley Regional Occupational Program ("IVROP") to have IVROP act as the WEX Program Facilitator for the County. This means that IVROP staff serves as a single point of contact for Worksites and Participants in both volunteer work experience and subsidized employment.
C. Statutory Authority to Enter into the Agreement
This Agreement is entered into under the authority of Chapter 270 of the California Statues of 1997 (Assembly Bill 1542). Pre-employment Preparation ("PREP"') is a component of CalWORKs to be operated under the authority of this statue.
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TERMS OF THE AGREEMENT
In consideration of their mutual covenants, the County and the Worksite agree to the following:
Term of the Agreement:
The Term of the Agreement is from through
2. Definitions.
The following definitions shall apply throughout this Agreement:
2.1. "Participant" means CalWORKs recipients who are in the PREP program.
2.2. "Worksite" means the Worksite location where Participants report and provide services under the PREP program.
2.3. "PREP Assignments" means the work assignments that Participants perform at their assigned Worksite.
Worksite Representations, Duties, and Responsibilities.
3.1. Worksite shall provide supervised work activity for assigned Participant(s) referred to the Worksite by the County's CalWORKs program.
3.2. Participants) will supplement (assist), and under no circumstances supplant (replace) regular employees.
3.3. Pre-employment Preparation (PREP) Assignments at any Worksite, including one where regular employees are members of a bargaining unit, cannot prevent or delay the filling of vacant positions or the recall of workers currently in lay-off status.
3.4. Worksite is not responsible for compensating the Participants) for work performed.
Likewise, Worksite shall not charge the County for Worksite participation in this Program.
3.5. The Worksite agrees to supervise each Participant according to the following safety regulations and guidelines. The Participant(s) shall:
3.5.1. Be allowed to operate portable drills, grinders, power equipment, and other like equipment while working under supervision as required under the provision of the PREP/Work Experience Programs and according to Worksite policies and procedures.
3.5.2. Be provided with the appropriate personal protective procedures equipment as provided in the CAL-OSHA regulations and be advised of appropriate and adequate safety procedures and equipment for the job being performed.
3.5.3. Not be allowed to operate a motor vehicle, heavy (construction) equipment, forklifts, jackhammers, (chainsaws or power-activated tools).
3.5.4. Not be exposed to toxic or hazardous chemicals or operations, like spray- painting, welding, or similar operations. Brush painting with water-based paint is acceptable.
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3.6. Any such Worksite-sanctioned operations of a vehicle or any work condition contrary to the condition stated above shall be the sole responsibility of the Worksite, and the Worksite shall, at its own expense, provide legal defense for the County of Imperial with respect to any litigation arising from such Participant activity. The Worksite shall indemnify and hold free and harmless the County of Imperial, its officers, agents, and employees from all claims, actions, damages, and liabilities arising out of or resulting from such activity.
3.7. During PREP Assignment, Worksite agrees:
3.7.1. To provide Participants) with reasonable and proper supervision and instruction by Worksite regarding duties and work activities.
3.7.2. To provide Participant(s) with the same working conditions as Employees similarly employed, e.g., coffee breaks, lunch breaks.
3.7.3. To report Participants) attendance and other such information on performance as may be requested by the County in a timely manner.
3.7.4. To consider Participant(s) for any job openings, for which the Participant is qualified, occurring at Worksite and inform the Participant of any job opportunities within the agency.
3.7.5. Nothing in this Agreement obligates the Worksite to give Participants preferred consideration for such openings.
3.7.6. Additionally, Participants shall not be considered Worksite Employees. As such Participants shall not be considered for job openings that are posted in- house.
3.7.7. To utilize Participant(s) to perform duties at the training or entry level.
3.7.8. For PREP Assignments, successful completion standards will include the following:
3.7.8.1. Daily attendance based on number of exact hours assigned, with no excessive ongoing tardiness or absences.
3.7.8.2. Satisfactory completion of assigned duties.
3.7.8.3. Responsiveness to supervisor's directions.
3.7.8.4. Completion of assigned period (i.e., 3 months, 6 months, 12 months).
3.7.9. To advise the County Program Facilitator (IVROP-staff) by telephone when the Participants) does not attend the Worksite for three consecutive days.
3.7.10. To report any accident or injury to IVROP staff on the day the injury occurs.
IVROP Representations, Duties, and Responsibilities.
The relationship between DSS and IVROP is governed by a separate service agreement entered into by DSS and IVROP. Relevant sections of the separate agreement are cited below to put Worksite on notice as to the scope of services provided to DSS by IVROP and the nature of the collaboration between DSS and IVROP as it relates to the CalWORKs WEX Program.
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4.1. Program Overview
Contingent upon approved funding, IVROP is prepared to provide the following employment development services through Subsidized Employment Programs and support services under the auspices of Project WORK-E.S.E.:
4.1.1. Maintain and expand an established cooperative employer network which includes public sector and private sector entities as job placement sites.
4.1.2. Create and maintain a network of volunteer employment sites (WEX) designed to build employable skills in clientele leading to subsidized employment participation.
4.1.3. Work to match ready-to-work individuals with employers through on-the- job training and shared responsibility contracts.
4.1.4. Create wage-based subsidized employment opportunities for CalWORKs WTW participants through the cooperative employer network.
4.1.5. Serve as the Employer of Record, including payroll and workers comp responsibilities through subsidized employment.
4.1.6. Support the county workers comp. liaison for WEX participants.
4.1.7. Evaluate and support participants willing to relocate for employment purposes by providing extensive community profile information.
4.1.8. Provide job placement services for eligible participants as a primary component of a WTW contract.
4.1.9. Encourage the formation and maintenance of two-parent families through educational workshops.
4.1.10. Provide career pathway exploration, pre-employment training, and work- based learning opportunities for eligible WTW youth.
4.1.11. Provide job site monitoring and workplace mentoring services to develop professional behavior and improve performance to meet the employers' needs and satisfy their expectations.
4.1.12. Track, monitor, and support participant compliance with Federal WPR (Work Percentage Rate) mandates.
4.1.13. Address participant's barriers to program compliance through linkages to local supportive services (shelter, food, clothing, utility assistance, etc.).
4.1.14. Offer professional development workshops (e.g., pre-employment, job retention, etc.) aimed at empowering participants with resources and providing encouragement and positive feedback; and
4.1.15. Provide vocational training, certification preparation, and worksite placement for CalWORKs WTW participants.
4.2. WEX Component:
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WEX (work experience) services provide non-salaried volunteer work experience placements for eligible WTW participants within public, non-profit, or private entities. The lack of participant wages and the use of existing employer networks allow for this component to have a zero-dollar participant operating cost.
Historically this program makes approximately 750 non-salaried work experience placements throughout the county within a fiscal year.
The overall goal of the WEX component is to establish foundational, employable skill sets of WTW participants through the following areas of focus:
4.2.1. Establish, maintain, and renew WEX-site cooperative agreements.
4.2.2. Provision of supervised work experience in a realistic "hands-on" work setting.
4.2.3. Opportunities to develop good work habits and attitudes in a supportive environment.
4.2.4. Updated work experience for participants returning to the labor force.
4.2.5. Assisting participants if refreshing existing skill sets.
4.2.6. Providing an opportunity to build marketable job skills for participants looking to make career changes.
4.3. IVROP as a Single Point of Contact for Worksite:
This non-salaried volunteer work experience component creates a streamlined employment development process for WTW participants leading to participation in subsidized employment. Through the facilitation of this service component, IVROP staff serves as a single point of contact for employers [Worksites] and participants in both volunteer work experience and subsidized employment.
Workers' Compensation Insurance Provided by the State of California for Program Participants.
Pursuant to All County Letter ("ACL") No. 21-148, issued by the State of California, Health and Human Services, Department of Social Services ("DSS"), on December 6, 2021, workers' compensation insurance is provided by the State of California for the Participants in the following Programs:
5.1. CalWORKs Welfare-to-Work Program:
Workers' compensation is covered by the state for individuals while they participate in the following CalWORKs Welfare to Work activities including but not limited to:
5.1.1. Unpaid Work Experience
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5.1.2. Unpaid Community Service
5.1.3. Subsidized Employment
5.2. CalFresh Employment and Training Program:
Workers' compensation is covered by the state when a CalFresh recipient is participating in one of the following CalFresh E&T activities:
5.2.1. Workfare
5.2.2. On-the-Job Training
5.2.3. Work Experience
ACL is attached to this Agreement as Exhibit "A." The Worksite is, therefore, required to refer Participants to IVROP/DSS for the processing of any workers' compensation claims.
6. Worksite Observation, Monitoring, and Evaluation by IVROP, and State/Federal Representatives.
The County Program Facilitator (IVROP-staff) and authorized Federal or State representatives have the right to observe, monitor, or evaluate all conditions, and activities involved in the performance of the Agreement. Said observance, monitoring, and evaluations may include but not limited to inspection of premises, reports, and interviews of project staff and Participants. The Worksite shall make available to the County Program Facilitator (IVROP-staff) and authorized Federal or State representatives its records with respect to Participants receiving services and matters covered by this Agreement and shall permit excerpts or transcripts from such records. Prior to release of said records, County and/or authorized Federal or state representatives shall provide Worksite with signed releases from Participants authorizing such disclosure.
7. Independent Contractor Status.
7.1. Worksite, in the performance of this Agreement, shall be and act as an independent contractor.
7.2. Worksite understands and agrees that it and all of its employees shall not be considered officers, employees or agents of County, County Program Facilitator (IVROP-staff) and are not entitled to benefits of any kind or nature normally provided employees of County and/or to which County's employees are normally entitled, including, but not limited to, State Unemployment Compensation or Workers' Compensation.
7.3. Worksite assumes the full responsibility for the acts and/or omissions of its employees or agents as they relate to the services to be provided under this Agreement.
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7.4. Worksite shall assume full responsibility for payment of federal, state and local taxes, including unemployment insurance, social security and income taxes for its employees.
7.5. Nothing in this Agreement shall create an employment relationship between the Worksite and the Participants.
7.6. County and County Program Facilitator (IVROP-staff) understands and agrees that it and all of the Participants it refers to Worksite shall not be considered officers, employees or agents of Worksite, and are not entitled to benefits of any kind or nature normally provided employees of Worksite and/or to which Worksite's employees are normally entitled, including, but not limited to, State Unemployment Compensation or Workers' Compensation.
7.7. County shall assume full responsibility for payment of federal, state, and local taxes, including unemployment insurance, social security, and income taxes for its employees.
8. Indemnification:
8.1. The County agrees to indemnify, defend, and hold harmless Worksite, its officers, agents and employees against any claim, liability, loss, injury, or damage imposed on Worksite arising out of the County's performance on this Agreement, except for liability resulting from the negligent or willful misconduct of Worksite, its officers, agents, and employees. If obligated to indemnify, defend, or hold harmless Worksite under this Agreement, the County shall reimburse Worksite for all costs, attorney's fees, expenses, and liabilities associated with any resulting legal action. The County shall seek Worksite approval of any settlement that could adversely affect the Worksite, its officers, agents, or employees.
8.2. Worksite agrees to indemnify, defend, and hold harmless the County and County Program Facilitator (IVROP-staff), its officers, agents and employees against any claim, liability, loss, injury or damage imposed on the County arising out of Worksite's performance on this Agreement, except for liability resulting from the negligent or willful misconduct of County, its officers, agents and employees. If obligated to indemnify defend, or hold harmless the County under this Agreement, Worksite shall reimburse the County for all costs, attorney's fees, expenses, and liabilities associated with any resulting legal action. Worksite shall seek the County's approval of any settlement that could adversely affect the County, its officers, agents, or employees.
9. Monetary Obligations.
9.1. The training, mentorship, and/or supervision provided by the Worksite to the Participants under this Agreement shall not give rise to any obligation on the part of the County or IVROP to compensate the Worksite for such services. 9| Page
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9.2. The services provided by the Participants to the Worksite under this Agreement shall not give rise to any obligation on the part of the Worksite to compensate the Participants, the County or IVROP for such services.
9.3. In the same manner, the Participant placement and management services provided by the County, through IVROP, to the Worksite shall not give rise to any obligation on the part of the Worksite to compensate the County or IVROP for such services.
9.4. Nothing in this Section (Monetary Obligations) changes any of the other financial and/or legal obligations the Parties may have to one another under other Sections of this Agreement, such as the obligation of the Parties to indemnify one another as provided under this Agreement.
10. Termination.
Either Party may terminate this Agreement for any reason or no reason upon a ten (10) day written notice to the other Party. The Parties may mutually agree to waive this notice requirement and terminate the Agreement immediately.
11. Privacy Laws
With regard to CalWORKs Participants, Worksite and County (through its Department of Social Services) will comply with all confidentiality laws and requirements, including, but not limited to, the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and California Civil Code section 56.10 et.seq. as applicable.
12. Arbitration.
Any controversy or claim arising out of or relating to this Agreement shall first be subject to mediation with a mediator agreed to by both Parties and paid for by both Parties, absent an Agreement otherwise. If after mediation there is no resolution of the dispute, the Parties agree to resolve the dispute by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules, and judgment on an arbitrator's award may be entered in any court having jurisdiction thereof.
12.1. The Parties shall select one arbitrator pursuant to the AAA's Commercial Arbitration Rules.
12.2. The arbitrator shall present a written, well-reasoned decision that includes the arbitrator's findings of fact and conclusions of law.
12.3. The decision of the arbitrator shall be binding and conclusive on the Parties.
12.4. The arbitrator shall have no authority to award punitive or other damages not measured by the prevailing Party's actual damages, except as may be required by statute.
12.5. The arbitrator shall have no authority to award equitable relief. Any arbitration award initiated under this clause shall be limited to monetary damages and shall 10| Page
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include no injunction or direction to either Party other than the direction to pay a monetary amount.
12.6. As determined by the arbitrator, the arbitrator shall award the prevailing Party, if any, all of its costs and fees. The term "costs and fees" includes all reasonable pre- award arbitration expenses, including arbitrator fees, administrative fees, witness fees, attorney's fees and costs, court costs, travel expenses, and out-of-pocket expenses such as photocopy and telephone expenses.
12.7. The decision of the arbitrator is not reviewable, except to determine whether the arbitrator exceeded his/her authority under this Section (Arbitration) of the Agreement.
13. Governing Law and Venue.
The laws of the State of California shall govern this Agreement. Proper venue for any dispute regarding this Agreement shall lie in Imperial County, California.
14. Entire Agreement.
This Agreement represents the entire Agreement between Worksite and County and supersedes any and all prior negotiations, representations, understandings, or agreements, either written or oral.
15. Interpretation.
This Agreement shall be interpreted to give effect to its fair meaning and shall be construed as though both Parties prepared it.
16. Assignment.
Unless authorized in writing by both Parties, neither Party shall assign or transfer any rights or obligations covered by this Agreement. Any unauthorized assignment or transfer shall constitute grounds for termination by the other Party.
17. Compliance with Laws.
The Parties shall, at their own cost and expense, comply with all local, state, and federal ordinances, regulations, and statutes now in force and which may hereafter be enacted that affect this Agreement.
18. No Waiver of Default.
No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that instance or any other instance. Any waiver must be in writing and shall only apply to that instance. 11| Page
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19. Successors and Assigns.
All representations, covenants, and warranties set forth by, on behalf of, or for the benefit of either Party herein shall be binding upon and inure to the benefit of such Party and its successors and assigns.
20. Amendment.
This Agreement may only be altered, amended, or modified by written instrument executed by both Parties. The Parties agree to waive any right to claim, contest, or assert that this Agreement was modified, canceled, superseded, or altered by oral Agreement, course of conduct, waiver, or estoppel.
21. Severability.
If any one or more of the provisions of this Agreement is held to be invalid, illegal, or unenforceable, then such provision or provisions shall be severed from the Agreement, and the remaining provisions of the Agreement shall continue in full force and effect and shall not be affected or invalidated in any way.
22. Non-Discrimination.
22.1. During the performance of the Agreement, Worksite and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race; color; age; religion (including religious dress and grooming practices); national origin or ancestry (including language use restrictions and possession of a driver's license issued under Vehicle Code section 12801.9); physical and/or mental disability; medical condition; genetic information; gender; gender identity (a person's identification as male, female, a gender different from the person's sex at birth, or transgender); gender expression (a person's gender-related appearance or behavior, whether or not stereotypically associated with the person's sex at birth); sex (including but not limited to pregnancy, childbirth, breastfeeding, and any related medical conditions); sexual orientation; marital/domestic partner status; military and veteran status; or any other protected characteristic.
22.2. Where applicable, Worksite shall not discriminate in the admission of clients or assignment of accommodation.
22.3. Worksite and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination.
22.4. Worksite and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code section 12940 et seq.) and the applicable regulation promulgated thereunder (California Code of Regulations, Title 2, section 7286.7 et seq.). The applicable regulations of the Fair Employment 12 Page
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Housing Commission implementing Government Code, section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full.
22.5. Worksite shall also abide by the Federal Civil Rights Act of 1964(P.L 88-352) and all amendments thereto, and all administrative rules and regulations issued pursuant to said Act.
22.6. Worksite shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement.
23. Execution of Counterparts.
If this Agreement is executed in counterparts, each counterpart shall be deemed an original, and all such counterparts or as many of them as the Parties preserve undestroyed shall together constitute one and the same Agreement.
24. Notice.
Any notice given under this Agreement shall be in writing to the Parties' representatives and shall be deemed delivered three (3) days after the deposit in the United States mail, certified or registered, postage prepaid, and addressed to the Parties. 13 | Page
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Notice to County:
IVROP - CalWORKs WEX Program Facilitator for County of Imperial Attention: Gabriel Aguirre, Coordinator
2895 S. 4th St.
El Centro, CA 92243
Phone: 760-336-4060
Email: [email protected]
Notice to Worksite:
Contact Person: DENISE GARCIA, H.R./RISK MANAGEMENT MANAGER Business Name: CITY OF CALEXICO
Business Address: 608 HEBER AVENUE CALEXICO, CA 92231
Business Phone Number: (760) 768-2107
Business Email: [email protected]
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The Parties through their authorized representatives agree to be bound by the terms and conditions of this Agreement, as of the Effective Date of this Agreement, as hereby attested to:
County of Imperial
By:
-
Stephanie Martinez, Deputy Director
Department of Social Services
IVROP
By: _
Gabriel Aguirre, Coordinator
Imperial Valley Regional Occupational Program
Worksite
By: _
Authorized Representative: LIZETH LEGASPI
Title: LIBRARY MANAGER
Business Name: CITY OF CALEXICO
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