CONTRACT 3495 Other3495.
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CITY OF HAWTHORNE WORKSITE AGENCY WORK EXPERIENCE AGREEMENT
NO. 05 -1-1143 WITH CITY OF EL SEGUNDO
This Worksite Agency Work Experience Agreement is made by and between the City of
Hawthorne, hereinafter referred to as "City ", and City of El Segundo, hereinafter referred to as
"Worksite Agency ", with its principal place of business located at 350 Main Street, El Segundo,
CA., 90245.
This Agreement is entered into for the purpose of providing work experience to eligible youth, 14 —
21 years of age, enrolled in employment and training services under the federal Workforce
Investment Act (WIA) who are hereinafter referred to as "Participants ". The parties agree to the
following terms and conditions:
A. Responsibilities of Worksite Agency:
1. Worksite Agency shall train participant(s) referred by City;
2. Worksite Agency shall:
a) Attend an orientation conducted by City for Worksite Agency's Supervisors as to
Worksite Agency's responsibilities and obligations under this Agreement;
b) Supervise all participant(s) at the job site and require participants' conformance
with Worksite Agency's personnel rules. Worksite Agency shall provide an
orientation to the participant, prior to beginning work, on the worksite rules,
procedures, participant responsibilities and reporting requirements;
c) Comply with the training outline of Exhibit "A" to provide training to participants;
d) Submit a bi- weekly timesheet to City for participant(s) hours worked;
e) Prepare and submit to City a bi- weekly evaluation and discuss the evaluation with
participant(s);
f) During the training period, expose participant(s) to all the customary and normal
requirements of the job;
g) Provide enhanced training for the participant(s), if needed, to enable the
participant(s) to master the job;
h) Provide participant(s) with safety and health protection in compliance with the
Occupation Safety and Health Act of 1970 as amended. Worksite Agency shall
also comply with the provisions of the California Occupational Safety and Health
Act as amended;
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i) Provide the same job safety and working conditions as provided to regular
employees of the Worksite Agency;
j) Adhere to Federal and State Labor Acts, rules and regulations, especially to
California State Child Labor Laws (for participant(s) under 18 years of age);
k) Not subcontract any services of participant(s) without City approval;
1) Notify City immediately of any temporary and /or ongoing changes in designation
of personnel who will be supervising participant(s);
m) Inform City staff immediately should an accident or injury occur at the job site,
affecting or involving a participant;
3. Worksite Agency may terminate participant(s) for cause during the training period. If
so, participant(s) shall be referred back to the City, and Worksite Agency shall submit
to City in writing, reasons for termination;
4. If, at the completion of training, the participant is hired by the Worksite Agency the
hiring wage must be at least the higher of (a) the training wage or, (b) the state
minimum wage.
5. Worksite Agency shall maintain commercial general liability insurance in the amount of
at least one million dollars ($1,000,000) and shall maintain automobile liability
insurance in the amount of at least five hundred thousand dollars ($500,000), both
said policies with combined single limit in a form satisfactory to City with a certificate
naming City and its officers, employers and agents as additional insured;
a) Notwithstanding the insurance required above, the City, at its own option,
may accept as an equivalent for any such coverage, evidence of an ongoing
program of self- insurance together with excess coverage. Said equivalent,
in order to satisfy the requirement herein contained, shall be subject to
approval of the City Attorney of the City.
b) Worksite Agency warrants that no participant will be required or permitted to
operate any motor vehicle in the course and scope of his /her duties.
c) In lieu of automobile liability insurance Worksite Agency warrants that it will
not transport participant(s) in Worksite Agency -owned vehicles or vehicles
operated by Worksite Agency employees and will present the City with a
written Automobile Insurance Waiver Request attesting to same.
6. Worksite Agency warrants that no participant(s) under this Agreement will displace
(including a partial displacement, such as a reduction in the hours of non - overtime
work, wages, or employment benefits) any currently employed employee (as of the
date of the participation) and that work experience activities under this Agreement will
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not impair existing contracts for services or collective bargaining agreements. If a
work experience activity under this Agreement is inconsistent with a collective
bargaining agreement the Worksite Agency will obtain written concurrence from the
appropriate labor organization before the work experience activity begins.
7. Worksite Agency agrees to cooperate fully with monitors from the City:
8. Worksite Agency shall keep copies of all records pertaining to the operation of this
Agreement and any amendment hereto for three years following the expiration of this
Agreement;
9. Worksite Agency understands and agrees that no qualified disabled individual shall, on
the basis of disability, be excluded from participation in, be denied the benefits of, or
otherwise be subject to discrimination under this program;
10. Worksite Agency shall provide, as applicable, a list of all Worksite locations as Exhibit
"A ", attached herein and provide City written notification of any changes in Worksite
locations.
11. Worksite Agency shall provide all Required Documents as outlined in Exhibit "B ",
attached herein including but not limited to Legal Status Documents and Administrative
and Fiscal Certificates which shall include Worksite Agency Authorization Signature
Form, Drug -free Workplace Act Requirement Certification, Compliance with Americans
with Disabilities Act Certification, Equal Employment Opportunity & Non - Discrimination
Certification and Worksite Agency Conflict Resolution /Grievance Procedures or signed
acceptance of City Conflict Resolution /Grievance Procedures.
B. Responsibilities of City:
1. City shall provide an orientation to participant(s), which explains the program's
purpose, applicable program procedures, and the right to file a grievance;
2. City shall provide for participant(s) Workers' Compensation coverage as required by
State and Federal laws;
3. City shall compensate participant(s) directly under the guidelines of the federal
Workforce Investment Act (WIA) up to a maximum of 200 hours per participant with
total planned hours to be approved in advance by City. Worksite Agency shall not
otherwise compensate participant(s) unless and until Worksite Agency employs
participant(s) as regular employees. The terms of this Agreement shall not be
interpreted to obligate the City to make any payment to Worksite Agency or to
participant(s);
4. Assume the responsibility of timesheet collection and paycheck distribution;
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5. Provide Worksite Supervisor(s) with the appropriate written materials, which are
necessary to the performance of his /her duties, including a copy of this Agreement
and Work Experience Program regulations and policies;
6. City shall assist the Worksite Supervisor in resolving any problems concerning the
participant(s) performance on the job;
7. City shall provide counseling and supportive services to the participant(s);
C. The parties agree that neither party is the agent of the other and that the relationship is that
of independently contracting parties.
D. HOLD HARMLESS
To the fullest extent permitted by law, Worksite Agency shall indemnify, defend and hold
harmless the City of Hawthorne (City) and its officers, employees, elected and appointed
officials, and volunteers from and against any and all claims, demands, lawsuits (whether
at law, equity or both), liabilities, losses, damages, expenses, costs (including without
limitation attorney's fees, costs, and expert witness fees), judgments, penalties, and liens
of every nature arising or claimed to arise, directly or indirectly, in whole or in part, out of
Worksite Agency's, performance of work hereunder or its failure to comply with any of its
obligations contained in the Agreement, or special project funds under this Agreement, or
its failure to comply with any current or prospective law. This obligation to fully indemnify
the City shall include and apply to any and all acts or omissions or negligent conduct,
whether active or passive, on the part of the City and Worksite Agency, including without
limitation, the negligent or dangerous condition of the City or any claim thereof. This
indemnification obligation shall survive this Agreement and shall not be limited by any term
of any insurance policy required under this Agreement.
City, its officers, employees, elected and appointed officials, agents, representatives, and
volunteers, by this Agreement do not assume any liability nor shall they be liable for the
active or passive negligent or willful acts or omissions or for any indebtedness or
obligations of Worksite Agency or any of its officers, employees, contractors, agents or
representatives thereof attributable to the services required to be performed or caused by
the disbursement and use of special project funds by Worksite Agency under this
Agreement.
E. This Agreement shall be interpreted as prepared by both parties.
PROHIBITED ACTIVITIES
A. All special project funded programs and activities come under the purview of the Federal
Hatch Act, which prohibit political activities under the work experience program.
Participants are prohibited from engaging in any political activity during hours paid for with
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special project funds and no participant engaging in any political activity during off hours
may represent himself or herself as a spokesperson of any City program.
B. Special Project funded programs and activities may not be used to support any religious or
antireligious activity. Work experience participants may not perform functions, which
provide direct religious education services.
NOTICE
A. Notices hereunder shall be mailed, as follows:
City of Hawthorne /South Bay Workforce Investment Board
11539 S. Hawthorne Blvd., Suite 500
Hawthorne, CA 90250
Attn: Jan Vogel, Executive Director
B. All notices required to be given to Worksite Agency under this Agreement shall be
sufficient when hand delivered or mailed to Worksite Agency at its office located at the
address identified in paragraph one, page one of this Agreement, certified mail, return
receipt required.
TERM OF AGREEMENT
Term. The term of this Agreement shall commence on 07/01/2005 and shall expire on
06/30/2006
Renewal. This Agreement may be extended for one (1) additional year upon the same
terms and conditions as set forth herein and in the event that the following conditions are satisfied
prior to the end of the applicable term;
a) Worksite Agency provides City with evidence of all required insurance for the
renewal term(s), including but not limited to, insurance certificates,
endorsements, etc., 30 days prior to the expiration of the applicable term; and
b) Worksite Agency complies with all insurance requirements as set forth in this
Agreement; and
c) City accepts and approves Worksite Agency evidence of insurance, and
d) City's WIA Administrator sends Worksite Agency notice that the contract term
has been renewed for the term specified in the City's notice.
If all the above conditions are not satisfied, this Agreement will terminate at the end of the
applicable term.
TERMINATIONS
City may terminate this agreement forthwith: (1) at such time as funds are no longer available; (2)
upon violation by Worksite Agency of any term of this Agreement; (3) the immediate danger of
3495 .
injury to participant(s) or increased potential liability to City. In all other instances either party may
terminate this Agreement by providing 30 days written notice to the other.
IN WITNESS THEREOF, the parties have entered into this Agreement as of this
day of
2005.
WORKSITE AGENCY: CITY OF EL SEGUNDO
WORKSITE AGENCY AUTHORIZED SIGNATURE
NAME: Jeff Stewart
TITLE: City Manager
SOUTH BAY WORKFORCE INVESTMENT BOARD
Jan Vogel, Executive Director
South Bay Workforce Investment Board
APPROVED AS TO FORM:
Jack Ballas, Attorney -at -Law
EXHIBIT A
WORK EXPERIENCE TRAINING OUTLINE
SECTION I — EMPLOYER INFORMATION
Company Name City of El Segundo
Department
Address
City
Contact Name
350 Main Street
El Segundo State CA
Contact Telephone
Address of training site
Trainees title
Contact Title
Fax
SECTION II — WORKSITE INFORMATION
Department(s) where trainee is assigned
Name and title of supervisor
Total Hours Allocated for Training
Start Date (mm /dd /yyyy) End Date (mm /dd/ yyyy)
Start Time varies End Time varies S M T W
Hours Per Week 40
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Zip Code 90245
TH F SAT
EXHIBIT "A"
SECTION III- ADDITIONAL WORKSITES
Address of training site
Trainees title
Department(s) where trainee is assigned
Name and title of supervisor
Total Hours Allocated for Training
Start Date (mm /dd /yyyy) End Date (mm /dd/ yyyy)
Start Time End Time S M T W TH F
Hours Per Week
Address of training site
Trainees title
Department(s) where trainee is assigned
Name and title of supervisor
Total Hours Allocated for Training
Start Date (mm /dd /yyyy) End Date (mm /dd/ yyyy)
Start Time End Time S M T W TH F
Hours Per Week
SAT
SAT
To list additional worksites, this form may be duplicated.
t
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. • t
Section IV- Training
Plan and Evaluation Form
Youth
Title'.
Dale:
Worksile
Supervisor:
Phone:
Use this form to communicate expectations and evaluate
progress
on
the job. Evaluations
should be conducted at
mid point and completion of SBYP.
PART I — SCANS Skills
S L t I H L
Wn t{ p a ry y p
3": # )7r$ i I i.e"'r�1i/Yl: ` (+ 4 w���4�ri� ''' iiJv� Nt J:u:r e•;5ys,» 4 fi L
t :t k
'40
9t
Follows directions and asks for clarification
4
3
2
1
0
4
3
2
1 0
Shows good judgment (plans tasks)
4
3
2
1
0
4
3
2
1 0
e
Demonstrates punctuality (arrival, breaks, etc)
4
3
2
1
0
4
3
2
1 0
Meets attendance standards for the job.
4
3
2
1
0
4
3
2
1 0
Gives timely notice of absences.
4
3
2
1
0
4
3
2
1 0
Maintains a professional appearance.
4
3
2
1
0
4
3
2
1 0
Cooperates with co- workers.
4
3
2
1
0
4
3
2
1 0
Follows worksite standards of behavior.
4
3
2
1
0
4
3
2
1 0
Reacts appropriately to direction and criticism.
4
3
2
1
0
4
3
2
1 0
Completes tasks /assignments on time.
4
3
2
1
0
4
3
2
1 0
Shows initiative (self- starter).
4
3
2
1
0
4
3
2
1 0
Is responsible (business -like attitude).
4
3
2
1
0
4
3
2
1 0
Shows adequate level of Math skills for job.
4
3
2
1
0
4
3
2
1 0
Shows adequate level of Reading skills for job.
4
3
2
1
0
4
3
2
1 0
Shows adequate level of Writing skills for job.
4
3
2
1
0
4
3
2
1 0
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TRAINING PLAN AND EVALUATION FORM
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Youth:
Title:
Date:
Worksite:
Supervisor:
Phone:
Use this form to communicate expectations and evaluate progress on the job. Evaluations should be conducted at
mid point and conclusion of SBYP
Part II — Job Specific Skills
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Youth:
Date:
Youth:
Date:
Supervisor:
Date:
Supervisor:
Date:
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COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT
CERTIFICATION
The undersigned certifies, that to the best of his /her knowledge and belief, that:
1. The Worksite Agency is in compliance with and will continue to comply with the
Americans with the Disabilities Act 42 U.S.C. 12101 et seg, and its
implementing regulations.
2. The Worksite Agency will provide for reasonable accommodations to allow
qualified individuals with disabilities to have access to and participate in its
programs, services and activities in accordance with the provisions of the
Americans with Disabilities Act.
3. The Worksite Agency will not discriminate against persons with disabilities nor
against persons due to their relationship or association with a person with
disability.
4. This certification is a material representation of fact upon which reliance was
placed when the parties entered into his transaction.
(Signature)
(Agency Name)
(Name and Title of Authorized Representative) (Date)
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DRUG -FREE WORKPLACE ACT REQUIREMENTS
CERTIFICATION
Pursuant to Government Code Section 8350 et seq of the state of California and the
requirement of 29 CFR §98.630, the CONTRACTOR hereby certifies that:
CONTRACTOR agrees to the incorporation of this Certification into the Workforce
Investment Act Agreement and certified that the CONTRACTOR will provide all
participants and employees a drug -free workplace, pursuant to Government Code
Section 8350(a) and 8355 (b) &(c) of the state of California, by doing all of the following:
a. Publishing a Statement notifying all employees that the unlawful
manufacture, distribution, dispensation, possession or use of a
controlled substance is prohibited in the Contractor's workplace
and specifying the actions that will be taken against employees
for violations of the prohibition.
b. Establishing a drug awareness program to inform employees
about: (1) The dangers of drug abuse in the workplace; (2) The
Contractor policy of maintaining a drug -free workplace(3) Any
available drug counseling, rehabilitation, and employee
assistance programs(4) The penalties that may be imposed
upon employees for drug abuse violations.
C. Making it a requirement that each employee to be engaged in the performance
of the WIA program be given a copy of the statement required by paragraph 1.
2. CONTRACTOR further understands that, pursuant to the State of California,
Government Code Section 8355 ff, payments to CONTRACTOR under this
Agreement may be suspended and /or terminated if the City of Hawthorne
determines that any of the following has occurred:
a. CONTRACTOR has made a false certification under the STATE
of California, Government Code Section 8355 ff.
b. CONTRACTOR has violated the Certification by failing to carry
out the requirements of this Certification.
3. This Certification shall not be constructed to require the CONTRACTOR to
ensure that other businesses with which it conducts normal business
intercourse also provide drug -free work places.
(Signature)
(Agency Name)
(Name and Title of Authorized Representative) (Date)
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EQUAL EMPLOYMENT OPPORTUNITY AND NON - DISCRIMINATION CERTIFICATION
1. During the performance of this Agreement, the Contractor shall comply with all
provisions of State and Federal Equal Opportunity and Nondiscrimination Laws,
including, but not limited to: Title VI and VII of the Civil Rights Act of 1964; The Age
Discrimination Act of 1975 as amended; `503 and `504 of Rehabilitation Act of 1973;
Americans with Disabilities Act of 1990; Title IX of the Education Amendment of 1972;
`164 (8) and `188 of the Job Workforce Investment Act of 1998.
Contractor and its subcontractors shall not unlawfully discriminate, harass or allow
harassment, against any employee or applicant for employment because of sexual
orientation, political affiliation, race, color, ancestry, religious creed, national origin,
disability (including HIV and AIDS), medical condition (cancer), age, marital status,
denial of family and medical care leave and denial of pregnancy disability leave.
Contractors and subcontractors shall insure that the evaluation and treatment of their
employees and applicants for employment are free from such discrimination and
harassment. Contractor and subcontractors shall comply with the provisions of the Fair
Employment and Housing Act (Government Code, Section 12900 et. seq.) and the
applicable regulations promulgated thereunder (California Code of Regulations, Title 2,
Section 7285.0 et. seq.). The applicable regulations of the Fair Employment and
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 contract by reference and made a part hereof as if set forth in full. Contractor
and its subcontractors shall give written notice of their obligations under this clause to
labor organizations with which they have a collective bargaining or other agreement.
2. The Contractor will cause the foregoing to be inserted in all subcontracts for any work
covered by this Agreement so that such provisions will be binding upon each
subcontractor, provided that the foregoing provisions shall not apply to contracts or
subcontracts for standard commercial supplies or raw materials.
(Signature) (Aency Name)
(Name and Title of Authorized Representative) (Date)
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EXHIBIT "B"
REQUIRED DOCUMENTS
Worksite Agency shall provide the following Required Documents:
Designate Type of Organization:
Public Private Non - profit
Proprietorship Private for Profit
Legal Status Documents
Corporation
Partnership
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The following documents must be signed by Worksite Agency Representative and provided to
City:
Article of Incorporation with State of California
Drug -free Workplace Act Requirement Certification
Compliance with the Americans with Disabilities Act Certification
Equal Employment Opportunity & Non - Discrimination Certification
Worksite Agency Conflict Resolution Procedures /Grievance Procedures
Or
City Conflict Resolution Procedures /Grievance Procedures
Required Insurance Certificates With Endorsements
General Liability Insurance ($1,000,000 per occurrence) *
Automobile Liability coverage ($500,000 per occurrence) or Waiver Request Letter **
*Endorsements must name the "City of Hawthorne /SBWIB, its officers, and employees"
as additional insured.
** Letter of Waiver must be on company letterhead and signed by authorized Worksite
Agency Representative.
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