AGENDA
ITEM
14 AGENDA
CALEXICO California ITEM
WHERE CALIFORNIA AND MEXICO MEET
14 CITY COUNCIL
AGENDA STAFF REPORT
DATE: April 3, 2024
TO: Mayor and City Council
APPROVED BY:
PREPARED BY: Denise Garcia, H.R./R.M. Managgpin Sadia
SUBJECT: Authorizing the City's Participation in the Imperial Valley Regional Occupational Program WORK-E.S.E. Subsidized Employment Project ======================================================
Recommendation:
Authorizing the City's participation in the Imperial Valley Regional Occupational Program's (I.V.R.O.P.) WORK-E.S.E. Subsidized Employment Project.
Background:
The IVROP has requested the City's participation in placing program qualified participants at City worksites for the purpose of providing them with work experience.
Eligible WORK-E.S.E. project participants will be exposed to the City's work environment, and gain or enhance valuable skills. The WORK-E.S.E. project is slightly different from other programs the City has participated in. Participants are required to work in a volunteer capacity for two weeks where the Department Head will determine their suitability for that particular location or position. Once the participant has demonstrated their work readiness, they will begin working the allotted hours which are capped based on each individual participant's eligibility. The program is fully funded by the IVROP and participants will be paid at the States current minimum wage. Initial placement will be based on abilities, skills, and areas of interest of each participant. IVROP will screen each candidate prior to placement and the City will process approved participants in the same manner in which volunteers are processed.
Participants will be supervised at all times by a full-time City employee. The City is required to provide training and conduct performance evaluations and provide feedback to program staff. City staff will also be required to maintain and submit timesheets to IVROP on a bi-weekly basis.
Discussion and Analysis:
The City of Calexico has used and benefited from the services of work 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.
Fiscal Impact:
None.
Coordinated With:
IVROP Program Specialists
Attachment s):
1. IVROP WORK-ESE Employment Agreements & General Provisions 2 Imperial Valley Regional Occupational
Program
687 State Street
El Centro, California 92243
Project WORK-E.S.E.
Transitional Employment Agreement
This agreement is made and entered into by and between the Imperial Valley Regional Occupational Program (IVROP) Project WORK-E.S.E. Subsidized Employment Participant - and _(WORKSITE). The purpose of this agreement is to provide the participant with exposure to the work environment, model positive work habits, cultivate/enhance job skills, and instill a strong work ethic. Under this subsidized employment agreement, the IVROP participant will be compensated at the state minimum wage rate of ($16.00) per hour up to but not exceeding hours per week. This agreement shall commence as of and terminate on → or upon the completion of hours, whichever comes first.
Terms of the agreement are explained on the second page of this contract.
Worksite Information
Worksite Agency: _Phone# (760)
Address:
Supervisor: Alternate Supervisor:
Agreement Start Date: Agreement End Date:
Participant Name: Hourly Pay: $16.00/hr. Total Hours Per Week:
Work Schedule:
Job Information
Department/Division:
Job Title:
Job Duties:
WORK-E.S.E. FUND: 010-9051-0-0000-1000-2900-00
(Rev. 11/20/2020)
IVROP Project WORK-E.S.E. Transitional Employment Agreement Participant Agrees to:
1. Conform to all pertinent worksite and program rules and regulations.
2. Perform all duties as specified in this agreement.
3. Demonstrate a positive attitude towards the worksite, trainer, staff and public.
4. Be punctual and always conduct themselves in a professional and cooperative manner; and,
5. To respond to and comply with program staff inquiries, visits, appointments, directives, and follow-up activities.
IVROP Agrees to:
1. Provide a program orientation to each worksite representative prior to referring participants to the worksite.
2. Provide Worker's Compensation coverage for participant during the terms of the agreement.
3. Assign an Adult Development Specialist to monitor participant placements in worksite and provide intervention or supportive services as deemed necessary by worksite, participant and/or program.
4. Inform the participant of the grievance procedures, nepotism rules, equal pay, and non-discrimination assurances; and,
5. Hold harmless Worksite, its agents, officers, and employees from legal liability arisen out of errors, omissions, or negligence by the participant, to include any losses incurred as a result of being assigned duties which require the handling of cash or other monetary instrument;
6. Compensate the participant for hours worked as per the (Subsidized) Transitional Employment Agreement.
Worksite Agrees to:
1. Provide job orientation to participant as related to work policies, job safety, and job expectations. The work policies and job expectations for participant must be the same as for non-participants at the worksite.
2. Provide training to participant relative to the job duties and expected performance.
3. Communicate with program staff to provide information/appraisals of participant's performance.
4. Assure that all work is conducted in a safe, sanitary, and drug free environment and that participant is supervised on a full-time basis by a designated/qualified supervisor.
5. Provide sufficient work to occupy participant's work hours and shall provide sufficient equipment and/or materials to enable the participant to carry out the work assignments.
6. Hold harmless IVROP, its agents, officers, and employees from legal liability arisen out of errors, omissions, or negligence by the participant, to include any losses incurred as a result of being assigned duties which require the handling of cash or other monetary instrument;
7. Evaluate participant performance and maintain an accurate record of time and attendance, which will be signed by the program Representative and Participant and the worksite Supervisor, and then submitted; and,
8. Abide by the attached Transitional Employment Program General Provisions (1.0 to 14.0).
9. Abide by provisions preventing displacement of incumbent workers.
Certifications
We have read the Transitional Employment Agreement and agree to abide by all applicable assurances and conditions. The Participant understands that they are directly responsible for completion and submission of the time sheets. The Supervisor agrees to verify and sign timesheets/attendance records in a timely manner. It is understood that the participant will be compensated by IVROP provided all conditions of this agreement are satisfied.
Worksite Supervisor: Signature: Print:
Alternate Supervisor: Signature: Print:
WORK-E.S.E. Participant: Signature: Print:
Effective Date: IVROP Representative:
2 (Rev. 11/20/2020)
Imperial Valley Regional Occupational Program-
Project WORK
687 State St.,
El Centro, California 92243
Project WORK-E.S.E.
Pre-subsidized Employment Agreement
This agreement is made and entered into between the Imperial Valley Regional Occupational Program (IVROP) Project WORK- E.S.E. Participant - and (WORKSITE).
The purpose of this agreement is to provide the participant and employer an opportunity for temporary exposure to the anticipated work environment.
IVROP Project WORK Subsidized Agreement is NOT valid until this requirement has been satisfied.
Under this agreement the participant will perform pre-placement (2 weeks of voluntary work experience) at the designated site. At the end of the pre-placement period the WORK Representative and prospective manager at the anticipated work site will determine the customers, "work readiness". Customers will either begin their subsidized employment thus beginning the clock on their welfare to work hours or will be assigned to perform another session of pre-placement (2 weeks). If a customer has not demonstrated "work readiness" at the end of the second pre-placement session, a determination will be made regarding next steps that may include additional pre-placement or a re-referral to CalWORKs.
Project WORK Participant will perform up to but not exceed _hours per week. This agreement shall commence as of and will terminate on date: or upon the approval of Project WORK- E.S.E. Representative and WORK site manager whichever comes first.
Worksite Supervisor:
Alternate Supervisor:
I understand that pre-placement is a mandatory component of Project WORK, subsidized employment.
Signature of WORK-E.S.E. Participant:
*Employment information located on Project WORK Subsidized Agreement Effective Date: WORK Representative:
Imperial Valley Regional Occupational Program
Project WORK-E.S.E. Transitional Employment Program
General Provisions
1.0 These provisions are not negotiable.
2.0 Worksite shall not subcontract this contract.
3.0 EFFECTIVE DATE OF THE TRANSITIONAL EMPLOYMENT AGREEMENT. This agreement shall not take effect until it is reviewed and approved by the Imperial Valley Regional Occupational Program (IVROP).
4.0 PARTICIPANT PRODUCTIVITY. Participants of the Project WORK-E.S.E. Transitional Employment program have varying levels of experience and skill. Partner worksite understands that a participant may demonstrate a need for additional training and assistance in learning the skills and duties of their assigned position. Partner worksite understands that there is no worksite cost in this training arrangement.
5.0 WAGES AND WORK HOURS: The Participant's wages shall be paid by IVROP (Employer of record). For the purposes of this agreement, wages shall be monies paid to the Participant by IVROP for actual hours worked. Wages do not include tips, commissions, holidays, or vacation.
Under the Subsidized Employment Program, the maximum number of hours worked for compensation is 40 hours (about 1 and a half days) per week. Any hours worked in excess of this amount will not qualify for compensation. Participants will be paid at the state minimum wage ($16.00 per hour as of January 1, 2024) for the duration of this subsidized employment
6.0 EQUAL EMPLOYMENT OPPORTUNITY. Worksite agrees to not discriminate against any employee on the basis of race, creed, color, national origin, sex, age, political affiliation, or disability, religion, ancestry, marital status, sexual orientation, or other protected class status.
7.0 COMPLIANCE WITH LAWS AND REGULATIONS. Worksite agrees to comply with all federal, state, and local laws and regulations regarding employment and workplace conditions.
Worksite(s) in violation of any labor law or involved in a labor dispute, i.e., strike or lockout, shall not be eligible for participation in the Subsidized Employment Program.
8.0 WORKERS COMPENSATION. IVROP shall provide the Participants Workers Compensation Insurance coverage. Any Workers Compensation issue or perceived issue involving a Participant must be reported immediately to the Project WORK representative by the Worksite.
HEALTH AND SAFETY. The worksite shall comply with health and safety standards promulgated under the Occupational Safety and Health Act (OSHA) of 1870 and other standards prescribed by the state and the Security of the U.S. Department of Labor to protect the health and safety of employees and IVROP participants.
2 (Rev. 11/20/2020)
10.0 SUPPLANING: LAY-OFFS, REDUCTION IN WORKFORCE, PROMOTIONAL OPPORTUNITIES. The Worksite shall not let go, lay-off, replace, or reduce the work hours of a regular employee in order to create a position for an IVROP participant, and shall not change normal hiring practices to receive IVROP funds. Furthermore, the Worksite shall ensure that positions filled by subsidized employment participants are not created or filled in a promotional line that will infringe in any way upon promotional opportunities of currently employed individuals. This provision is incompliance with California Department of Social Services, Manual of Policies and Procedures Section 42-720.3.
NEPOTISM. The Worksite agrees not to hire under this contract a Participant that is a member of his of his immediate family. The term "immediate family" is defined as a person by blood, marriage, or adoption which includes wife, husband, son, daughter, mother, father, sister, brother, aunt, uncle, nephew, niece, in-laws (mother, father, sister, brother), step parent or step child.
GRIEVANCE PROCEDURE. IVROP shall include the Participant under its Uniform Complaint Procedure (Grievance Procedure) for reporting work-related grievances and completing complaint forms. The Worksite agrees to comply with the Uniform Complaint Procedure promulgated for participants of IVROP. A copy of the Uniform Complaint procedure will be made available to the Worksite.
13.0 TERMINATION OF AGREEMENT/PARTICIPANT. The Worksite retains the right to terminate the Transitional Employment Agreement for unsatisfactory job performance or any misconduct by the Participant. The Worksite shall notify IVROP prior to a contemplated termination or at such time that the Worksite determines the Participant performance is substandard, so the Participant is afforded a reasonable amount of time to improve his/her performance.
TERMINATION OF PARTIES. Either party may terminate this agreement upon ten (10) days of advance written notice, if: (a) the Worksite fails to comply with conditions set forth in Transitional Employment Agreement; (b) the Worksite goes out of business or must implement a reduction in workforce as a result poor business climate or economic downturn; or (c) the funds allocated for the Transitional Employment program are reduced or withdrawn by the County of Imperial, State of California.
2 (Rev. 11/20/2020)