AGENDA
ITEM
18 AGENDA
CALEXICO California ITEM
WHERE CALIFORNIA AND MEXICO MEET
18 CITY COUNCIL
AGENDA STAFF REPORT
DATE: July 3, 2024
TO: Mayor and City Council
Joe
APPROVED BY: Juan Contreras, Acting City Manager
- DocuSigned by:
PREPARED BY: Norma Gerardo, Recreation Manager
- 39175002C5040B...
SUBJECT: Authorize Acting City Manager or his Designee to Sign Work Site Agreement with the Department of Rehabilitation to Place Career Catalyst Program Participants at the Calexico Recreation Department for the Period of July 1, 2024 to June 30, 2025.
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Recommendation:
Authorize Acting City Manager or his Designee to Sign Work Site Agreement with the Department of Rehabilitation to Place Career Catalyst Program Participants at the Calexico Recreation Department for the Period of July 1, 2024 to June 30, 2025.
Background:
The California State Department of Rehabilitation is looking to place Career Catalyst Program Participants at the Calexico Recreation Department to provide them with the opportunity to acquire job skills, prospective career exposure, and get prepared for future employment opportunities.
Participants are employees of the Foundation for California Community Colleges. Participants will be afforded training in areas such as general office work, customers service and library activities, not to exceed 300 hours. Participants must be supervised at all times by a full-time city employee and will not be replacing former employees, as work assigned is additional activities generated during the time period.
Payment and associated costs such as workers' compensation, taxes, etcetera, will be provided to participant by the Foundation for California Community Colleges.
Discussion & Analysis:
The Calexico Recreation Department has a long history of partnering with other agencies to provide work-readiness opportunities. Participants are exposed to career exploration and acquire work skills that may later open future employment opportunities.
City Staff recommends that the City Council of the City of Calexico authorizes Acting City Manager or his designee to sign work site agreement with the Department of Rehabilitation to place Career Catalyst Department of Rehabilitation Worksite Agreement 1| Page program participants at the Calexico Recreation Department for the period of July 1, 2024, to June 30, 2025.
Fiscal Impact:
None.
Coordinated With:
None.
Attachments):
Attachment A. Worksite Agreement.
Department of Rehabilitation Worksite Agreement 2| Page ATTACHMENT NO. A
Career Catalyst FOUNDATION for CALIFORNIA
Program Agreement COMMUNITY COLLEGES
WORK SITE AGREEMENT
Behreen
Department of Rehabilitation
And
Calexico Recreation Department
This Worksite Agreement ("Agreement) is entered into beiween Department of Rehabilitation (CUSTOMER") and Calexico Recreation Department ("WORK SITE"), (together hercin referred to as the "parties"), and describes the roles and responsibilities of the parties in relation to the placement of Career Catalyst Program Participants) ( PARTICIPANT(S)") at WORK SITE. in accordance with the Career Catalyst Program Agreement entered into between CUSTOMER and the Foundation for Califomia Community Colleges ("FOUNDATION"). PARTICIPANTS) are employees of the FOUNDATION as FOUNDATION acts as the employer of record for the PARTICIPANT(S) and provides all payrolls and associated costs (ie., workers' compensation. taxes, etc.), and workers' compensation coverage for PARTICIPANTS
1. WORK SITE Responsibilities
1.1 WORK SITE agrees to provide all PARTICIPANT(S), as referenced in Attachment A, with the opportunity to work in the capacity of the job tilles(s), as referenced in Attachment A, which will enhance long term employability skills through work exposure (career exploration) and to gain entry level work readiness skills (work maturity) for future employment opportunities. WORK SITE shall train the PARTICIPANT in work maturity skills and work readiness skills and in accordance with the agreed upon workplace competencies (See Attachment A, attached hereto and incorporated by reference, for Training Outline). WORK SITE shall complete and submit to FOUNDATION and CUSTOMER a separate Attachment A for each PARTICIPANT prior to each PARTICIPANT beginning their work experience.
1.2 WORK SITE shall have the responsibility for the day-to-day control and supervision of PARTICIPANTS and must provide PARTICIPANT with supervision, training. and work assignments in accordance with the job description, as referenced in Attachment A.
1.3 WORK SITE shall allow for monitoring visits by representatives of the FOUNDATION and
CUSTOMER
1.4 WORK SITE shall notify CUSTOMER and FOUNDATION if any position is subject to any state. federal or local minimum or prerailing mage requirements. or subject to the terms of a collective bargaining agreement prior to PARTICIPANT on-boarding.
1.5 WORK SITE shall not entrust PARTICIPANTS with the care of unattended premises, or unsupervised custody or control of cash, credit cards, valuables, or other similar property without the prior written approval of the FOUNDATION.
1.6 WORK SITE shall ensure PARTICIPANTS receive meal and rest breaks in compliance with California law and regulation, per Labor Code section 512 and California Code of Regulations Title 8 section 11040(12), or any other applicable Industrial Welfare Commission industry and FOUNDATION a time record for all hours worked by each PARTICIPANT on a bi-weekly basis.
The time record shall include all of the PARTICIPANT's start and end times. as well as meal period and rest breaks. WORK SITE will be responsible for ensuring PARTICIPANT's enter and approve accurate timesheets. Billed rates will be increased to reflect overtime hours worked and meal period premiums according to state or local lan.
1.6. L.If WORK SITE submits a request to offboard a PARTICIPANT, WORK SITE shall notify CUSTOMER at least 4 days in advance of the requested last day of work (includes when PARTICIPANT completes his or her work experience): WORK SITE shall also notify CUSTOMER immediately in the event a PARTICIPANT voluntarily quits his or her work experience. If WORK SITE fails to notify CUSTOMER in accordance with this term. WORK SITE shall be responsible for compensating CUSTOMER for payments made to PARTICIPANT for the costs of waiting time penalties. por Labor Code section 203.
1.7 WORK SITE shall provide the PARTICIPANT with supervision, safety instructions, safety related equipment, and personal protective equipment (PPE) that is required by law and/or is reasonable to protect against injury and/or illness while working at the WORK SITE. WORK SITE shall provide the PARTICIPANT training on the specifications and maintenance of safely related equipment and/or PPE prior to PARTICIPANT's use. Where special clothing, training, or PPE is provided to the WORK SITE's employees, the same shall be provided to the PARTICIPANT. I WORK SITE uses or stores hazardous chemicals to which PARTICPANTS may be exposed.
WORK SITE shall ensure it maintains Safety Data Sheets (SDS) and provides information and training to PARTICIPANTS about hazardous chemicals by means of a hazard communication program, in accordance with California Code of Regulations section 5194 and Code of Federal Regulations section 1910.1200
1.8 In accordance with state law and regulation, WORK SITE shall provide training to each Participant on WORK SITE's Injury Illness and Prevention Program. If PARTICIPANTS will be porforming work outdoors, WORK SITE shall also provide training to each PARTICIPANT on WORK SITE's Heat and Illness Prevention Program, in accordance with California Code of Regulations section 3395. and WORK SITE's Worker Protection from Wildfire Smoke Program, in accordance with California Code of Regulations section 5141.1, as applicable.
1.9 WORK SITE shall ensure that the PARTICIPANT is exposed to all the customary practices of the WORK SITE and the normal requirements of the job, including the WORK SITE's personnel practices and policios.
1.10 WORK SITE shall maintain the confidentiality of any information regarding the PARTICIPANT or his/her immediate family, which may be obtained through application forms. interviews. reports. or any other source.
1.11 WORK SITE shall immediately notify CUSTOMER and FOUNDATION if a PARTICIPANT is exposed to COVID-19 if the exposure meets the definition of "close contact," as defined by the California Department of Public Health (CDPH).
2. CUSTOMER Responsibilities
2.1 CUSTOMER will visit the WORK SITE intermittently, but at least on a monthly basis for the purpose of monitoring compliance with this agreement and reviewing PARTICTPANT progress.
2.2 CUSTOMER will submit time sheets electronically if possible; otherwise. CUSTOMER will visit the WORK SITE to collect timesheets and submit for payroll processing or submit electronicall as a preferred process.
23 CUSTOMER will provide case management services for the PARTICIPANTS, including managing all employment paperwork and on-boarding of PARTICIPANT.
3. Compliance with Federal, State, and Local Laws
3.1 PARTICIPANTS must complete all legally required documentation and provide valid documentation to CUSTOMER prior to beginning paid work experience at the WORK SITE.
3.2 WORK SITE shall ensure that PARTICIPANTS who are under the age of 18 do not exceed 8 hours per day or 40 hours per week. If PARTICIPANTS over the age of 18 do exceed 8 hours per day or 40 hours per week, WORK SITE will be responsible for payment of overtime to the PARTICIPANT. WORK SITE will ensure that no PARTICIPANT exceeds 300 hours, as referenced in Attachment A of this Agreement. This number cannot exceed 1000 hours per PARTICIPANT per fiscal (July-June) vear unless classified as a Student Assistant with CUSTOMER and FOUNDATION advance approval.
3.3 WORK SITE certifies that it provides a drug-free workplace, required by the California Drug-Free Workplace Act of 1990 (Government Code section 8350 et seq.).
3.4 WORK SITE shall comply with all applicable federal, state and local laws and regulations to a safc and accessible work environment. including but not limited to, federal and state Occupational Safety and Health Administration ("OSHA"; "Cal-OSHA") laws and regulations. including the recording of workplace injuries on CUSTOMER's OSHA 300 logs. WORK SITE agrees to provide PARTICIPANTS with new-hire safety orientation and regular safety training and meetings in accordance with Cal-OSHA for the WORK SITE's industry:
3.5 WORK SITE shall comply with the requirements of the Fair Labor Standards Act, the California Labor Code, the California Industrial Wage Orders, Title VIl of the Civil Rights Act of 1964, the Fair Employment and Housing Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act. Workforce Innovation and Opportunity Act ("WIOA"), and all other federal. state, and local laws and regulations governing the hiring or employment of PARTICIPANT.
3.5.1.If the regulations promulgated pursuant to WIOA are amended or revised, WORK SITE shall comply with them or will notify CUSTOMER within 30 days after promulgation of the amendments or revision that it cannot so conform.
3.6 WORK SITE shall ensure that PARTICIPANTS under the age of 21 will not have access to, distribute, sell, serve, or come in contact with alcohol or tobacco products. For those individuals over age 21, the WORK SITE shall ensure the individual receives proper training for selling. pouring, distributing alcohol and tobacco products. Violation of this policy will result in termination of the WORK SITE agreement.
3.7 WORK SITE shall not participate in the Career Catalyst program if experiencing abnormal labor conditions such as strikes, lockouts, or layoffs and the work experience PARTICIPANT will dislocate or affect employment or promotional opportunities for the WORK SITE's current or laid- off employees.
3.8 WORK SITE and/or the PARTICIPANT shall not be involved in training activities, which assist. promote, or deter union organization.
3.9 PARTICIPANT shall not be employed on the construction, operation, or maintenance of ans facility as is used or to be used for sectarian instruction, or as a place for religious worship.
3.10 WORK SITE management shall inform CUSTOMER immediately if they become aware that there is an employee or other person at the WORK SITE that PARTICIPANT may come into contact with that is listed as a Registered Sex Offender.
3.11 WORK SITE and CUSTOMER agree to the retention of all required records, as per 29 CFR 95.53. for no less than 3 years following the completion of this agreement.
3.12 WORK SITE shall comply with all applicable federal, state. and local laws, regulations, orders. and guidelines related to COVID-19 workplace restrictions and notification obligations, including but not limited to those from the CDPH, Cal-OSHA, local county, or any other government entity with jurisdiction over the WORK SITE.
3.13 In the event that PARTICIPANTS are employed under a full-time employe classification and there is a finding by an applicable court of law that a joint-employment relationship exists between FOUNDATION and WORK SITE, both parties agree that they shall work collaboratively io ensure compliance with all remedial legal obligations, which includes but is not limited to pension enrollment, employer / employce contributions, and defense / indemnity of any claims. administrative actions, litigation, or other proceedings related to pension and fringe benefit obligations.
1. Term, Termination, Waiver, and Modification
4.1 The period of this Agreement is from 7/01/2024 through 06/30/2025 ]("Term"). in aligament with the Career Catalyst Program Agreement entered into between CUSTOMER and FOUNDATION. However. this Term in no way alters the employment term specified in each PARTICIPANT's Attachment A.
4.2 CUSTOMER may, in its sole discretion, torminate this Agreement at any time, for any reason. without penalty, and require the removal of the PARTICIPANT from the WORK SITE if determined to be in the PARTICIPANT's or CUSTOMER's best interest. The WORK SITE may terminate this Agreement for any reason, without penalty, upon 15 days written notice to
CUSTOMER
4.3 No modification or waiver of any provisions of this Agreement or its attachments shall be effective unless such waiver or modification shall be in writing, signed by all parties. and then shall be effective only for the period and on the condition, and for the specific instance for which given.
S. Worker's Compensation and Employment Claims
5.1 WORK SITE shall immediately notify CUSTOMER and FOUNDATION of any injury and/or Workers' Compensation Claims related to a PARTICIPANT.
3.2 WORK SITE shall promptly report to CUSTOMER and FOUNDATION any claims of harassment. discrimination, and/or claims of any violation of law governing the PARTICIPANT's employment. including allegations or reports of any irregularities or discrepancies by
PARTICIPANT
5.3 WORK SITE must secure CUSTOMER and FOUNDATION's written approval prior to PARTICIPANT's use of motor vehicles, heavy equipment, or power tools. CUSTOMER and WORK SITE must also be in compliance with FOUNDATION's Driving Standard and incorporate the Driving Standard as a part of this Worksile Agreement, in the event that a PARTICIPANT will use or uses such motor vehicles or heavy equipment during the course of the program. If WORK SITE secures CUSTOMER and FOUNDATION's approval for use of hears equipment or power tools, prior to PARTICIPANTS using heavy equipment or power tools WORK SITE shall ensure PARTICIPANT receives and completes all necessary training:
certification, and safety instruction (including instruction ou proper use of PPE) required under California law and regulation applicable to the use of heavy equipment and/or power tools. including without limitation compliance with all applicable Department of Industrial Relations and Cal-OSHA Safety Orders.
6. Insurance and Indemnification
6.1 WORK SITE shall maintain insurance as listed below:
i. Comprehensive commercial general liability, property loss. and personal injury insurance with a combined single limit of no less than one million dollars ($1,000,000.00) per occurrence: The Commercial General Liability Policy shall name CUSTOMER and Foundation for California Community Colleges, its directors, officers, and employees as Additional Insureds.
ii. Workers' compensation as required under the Workers' Compensation and Safety Act of the State of California, as amended from time to time for WORK SITE's employees only (not PARTICIPANTS).
6.2 The WORK SITE shall indemnify and hold harmless CUSTOMER and FOUNDATION, its elected and appointed councils, boards, commissions, officers, agents, and employees from any liability, including attorneys fees, for damage or claims for damage for any economic loss or personal injury, including death, as well as for property damage, to the extent caused by intentional or negligent acts or omissions arising from their responsibilities, duties, and compliance obligations required under this Agreement.
6.3 WORK SITE shall be liable for and shall indemnify, defend and hold both CUSTOMER and FOUNDATION harmless against any costs, expenses, claims, suits, judgments, loss or damage (including reasonable attorneys' fees) arising from any and all wage and hour violations or breach of any labor and employment laws due to the fault, willful misconduct, ornegligence of the WORK SITE.
%. LAEP Program Administrator Responsibilities (if upplicable)
7.1 In addition to the requirements for Career Catalyst PARTICIPANTS, the following are requirements specifically applicable to Learning-Aligned Employment Program ("LAEP*) PARTICIPANT(S).
7.2 WORK SITE shall ensure that the employment of a LAEP PARTICIPANT shall not displace workers currently emplosed by the WORK SITE or impair existing contracts for services.
7.3 WORK SITE shall ensure the LAEP PARTICIPANT placement does not violate any applicable collective bargaining agreements or fill any vacancies to a labor dispute.
7.4 WORK SITE shall ensure the work performed by the PARTICIPANT shall not be related to the activities of any sctarian organization or to any partisan or nonpartisan political activities.
8. Notices
All notices and other communications required or permitted to be given under this agreement, including but not limited to any notice of change of address, must be directed to the following individuals:
CUSTOMER:
Leticia
QRP
Department of
Rehabilitation
1214 W State St. Suite A
El Centro CA 92243
760-353-1335
[email protected]
WORK SITE:
Norma Gerardo
Recreation Manager
Calexico Community
Center
707 Dool Ave.
Calexico, CA 92231
760-768-2176
FOUNDATION
Workforce Development
Foundation for California Community
Colleges 1102 Q Street, Snite 4800
Sacramento. CA 95811
916-498-6723
careercatalvst/@foundationcec.org
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:
CUSTOMER WORK SITE
By: By:
Leticia ten Norma Gerardo
Print Name: Print Name:
QRP Recreation Manager
Title: Title:
4/18/24 7/3/24
Date: Date:
FOUNDATION FOR CALIFORNIA
COMMUNITY COLLEGES
By*: tus Aidinger (Sup_LO. 2023 12,24 COTL
Print Name: Tim Aldinger
Title: Executive Director, Workforce Development
Sep 18, 2023
Date:
(*FoundationCCC's signature above shall be invalid if any revisions are made to this Agreement that are not formally approved and agreed upon in writing by Foundation CCC.J ATTACHMENT A to Work Site Agreement
Participant Form Addendum
To be completed for each participant as an addendum to the Agreement.
Employer Name & Address: Foundation for California Community College... 1102 Q Street, Suite 4800, Sacramento, CA 95811
Calexico Recreation Department Work Site Department: Recreation Department Work Site:
707 Dool Ave., Calexico CA 92231
Work Site Address:
Department of Rehabilitation
Customer: Date:
Participant Name:
Office Help
Position Title/Classification
Is Participant a LAEP Eligible Student: Yes No
Norma Gerardo
Supervisor Name:
Supervisor Contact Information (email and/or phone number): 760-768-2176 Term of employment: to
16.00 Rate of compensation: $ per hour
Purpose/Role of Position:
Office Help
Duties/Responsibilities & Relationship to Position:
Answering phones from customers delivering messages.
Using basic office equipment.like faxes and scanners.
Help maintain files and keep track of important documents Provide customer service when customers come in.
Assist preparing for activities
General Qualifications:
Responsible, punctual individuals.
Specific Qualifications:
LAEP Only: Procedures for Determining Rate of Pay (in alignment with LAEP hourly rate requirements)
Work Hours: The student's working hours during the term of employment shall not exceed:
20 Maximum total hours for the term of employment: 300
Maximum hours per week:
Detailed Job Description & Job Tille attached Separately (Check Box, If Applicable)