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HomeMy WebLinkAboutR-1993-061 OICRESOLUTION NO R-93- 61 A RESOLUTION authorizing participation b) the Cit) of Yakima in a JTPA job training program. WHEREAS, by virtue of a Joh Training Partnership Act (JTPA) program, Yakima Valley OIC can place job trainees with the Cit) of Yakima at no cost to the Cit) on the execution b) the City of a "Work Experience Agreement" for each such trainee, and WHEREAS, the City Council deems it to be in the best interests of the City that such work trainees be accepted for training in various City operations, as trainees become available and as appropriate job training situations occur in various City operations, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA. The City of Yakima is hereby authorized to participate in a JTPA job training program b) accepting placement from Yakima Valley OIC of various job trainees in City operations, as appropriate situations occur from time to time; and, in furtherance of such program participation, the Cit) Manager and City Clerk of the Cit.) of Yakima are hereb) authorized and directed to execute a "Work Experience Agreement" with the trainee and Yakima Valle) OIC for each such job trainee, as required from time to time The terms and conditions of any such agreement are to be those in the sample agreement, attached hereto and by this reference made a part hereof ADOPTED BY THE CITY COUNCIL this22nd day of June 1993 V.-eAzktd-/- A I I ES I Mayor Ker_Azi,„ City Clerk (1s)res/OIC sc YAKIMA VALLEY OPPORTUNITIES INDUSTRIALIZATION CENTER OCCUPATIONAL INTERNSHIP CONTRACT Yakima Valley O.I.C., located at 815 Fruitvale Boulevard, Yakima, Washington, and YAKIMA CITY SHOPS located at 2301 FRUITVALE BLVD enter in this Occupational Internship Agreement with regards to participant: RICHARD BROWN S.S.N. 5 3 4 -8 6 -9 6 9 3 A. JOB TITLE: GROUNDSKEEPER ASST, DOT: 406 B. JOB DESCRIPTION: ERUNE SHRUBS AND TREES, PULL WEEDS, MOW AND EDGE LAWN, OPERAIE AND MAINTAIN POWER EQUIPMENT WHEN APPLICABLE AND OTHER RELATED DUTIES ASSIGNED BY SUPERVISOR, C. DATES/HOURS: Start Date: 6-28-93 End Date:8-27-93 Participant scheduled to work 4-8 hours per day, 20-40 hours per week, for a total of 9 weeks. Normal work hours: 8.00 A.M. and 5.00 P.M. D. WAGES: Yakima Valley O.I.C. will pay the participant at the Needs Based Payment rate, and will maintain Washington State Industrial Insurance. E. SUPERVISION/TRAINING: The worksite agrees to provide a realistic Internship that, in its design, will enhance the participant's employability and specific occupational skills. The worksite shall orient the participant to job rules, regu- lations, standards, and operating procedures affecting his/her job responsibilities. Adequate supervision will be provided the participant. Yakima Valley O.I.C. representative(s) may inspect the worksite facilities for safety standards as outlined by the Occupational Safety and Health Act. F. COMPLIANCE WITH REGULATIONS: The worksite will comply with all applicable Federal, State, and Local Laws. No currently em- ployed worker shall be displaced by the participant, nor shall this agreement impair any existing contracts or collective bargaining agreements. The participant may not take part in sectarian or political activities. The worksite will accurate- ly document participant work hours and complete semi-monthly time cards and evaluations. Non-compliance with applicable laws or this contractual agreement, may result in contract termination. JTPA is an Equal Opportunity Employment and Training Program. INDEMNIFICATION: Each party shall be responsible for the negli- gence of its own employees.and/or agents in the performance of this Agreement. I have read and understand this contractual agreement, and agree to comply as outlined. The program goals have been explained and I agree to enter into this contract. Date this, 28th DAY of June , 1993 i MA R.G. CAMT)FN =--- Employment Specialist Worksit Supervisor CITY SHOPS • Yakima Valley O.I.C. Worksite OCCUPATIONAL INTERNSHIP CONTRACT Continued G. POLITICAL/SECTARIAN ACTIVITIES: Involvement of PARTICIPANT in political or sectarian activities as part of his/her work experience program is prohibited. H. NON-DISCRIMINATION: YVOIC is an Equal Opportunity Employer. The SUB -CONTRACTOR agrees that it shall not discriminate against any employee or applicant on the grounds of race, creed, color, religion, national origin, sex, age, marital status or the presence of any sensory, mental, or physical handicap. I. TERMINATION: This contract may be terminated by either party, termination to be effective subsequent to the date of notice at a time to be specified by the terminating party. Reasons for termination may include, but are not limited to, lack of funding, non-complicance or PARTICIPANT disciplinary action. I have read the entire contractual agreement and agree to comply with contract guidelines as outlined. DATED THIS 28th DAY OF June 19g Ka.%1_,C4,./---- City Clerk (if applicable) Worksite Telephone Number:' 575-6020 6/91 YAKIMA VALLEY OPPORTUNITIES INDUSTRIALIZATION CENTER By R.G. CAMDEN -72/ TITLE CASE MANAGER SUBCONTRACTOR CITY OF YAKIMA By TITLE CITY MANAGER C 1C. WORK EXPERIENCE AGREEMENT TRI VALLEY CONSORTIUM YAKIMA COUNTY DEPARTMENT OF EMPLOYMENT AND TRAINING WORK EXPERIENCE AGREEMENT Trainee Name: Korama Williams Soc.Sec.No.: 535-76-7363 Address: 907 South 6th Street City/Zip: Yakima, WA 98901 Telephone No.: 457-2038 Training Site: City of Yakima Personnel Department Address: 129 North 2nd Street City/Zip: Yakima, WA 98901 Telephone No.: 575-6070 I. PURPOSE This Work Experience (WEX) Agreement between Yakima Valley OIC herein called the Agency, the City of Yakima Herein called the Training Site, and the JTPA participant(s), named above, is entered into for the purpose of providing Work Experience training in accordance with the Job Training Partnership Act (JTPA) and subsequent Amendments, and the terms and conditions of this Agreement. II. RESPONSIBILITIES 1. THE TRAINEE shall put forth his/her best efforts to acquire all necessary skills and to fulfill all work requirements. 2. THE AGENCY a. shall oversee and manage the provisions of training under this Agreement, and shall receive Time and Attendance records and Trainee evaluations from the Training Site and shall provide wages to the Trainee in accordance with the Fair Labor Standards Act, as amended, or applicable State or local minimum wage laws. b. shall be responsible for applicable FICA, Washington State Labor and Industries deductions. c. shall provide Counseling and Supportive Services to the Trainee to the extent necessary to allow the Trainee to participate in the WEX training. d. shall provide an orientation to Training Site staff responsible for the supervision of the Trainees regarding Child labor laws, JTPA Rules and Regulations, Time and Attendance Records, and other matters pertinent to the provision of a safe and meaningful work experience. 3. THE TRAINING SITE shall provide adequate supervision to the Trainee and shall designate a supervisor and alternate supervisors, (list below) Supervisor: Sheryl M. Smith ' 1 Alternate: b. shall provide safe and meaningful WEX training activities that result in "good work habits" and where practical, specific occupational skills for employability enhancement. c. shall provide a sufficient workload, in relation to the attached job description, for the Trainee and will have Page 1 YORK EXPERIENCE AGREEMENT sufficient, and appropriate equipment and/or materials to support the training. d. shall maintain and submit Time and Attendance Records and Progress Evaluations on forms provided by the Agency as indicated below: Time & Attendance: Twice Monthly Progress Evaluations: 7/15/93 & 8/ 15/93 e. shall allow the Trainee release time to attend scheduled meetings, class time, workshops, and counseling as requested by the Agency. III. SPECIFIC PROVISIONS 1. Work Experience Job Title (attach a job description): Office Helper DOTCODE: 239 2. Anticipated duration of WEX: From: 6-25-93 through: 8- 1 5-93 3. Number of hours per week: 20 . Shall not exceed 40 hours. Basic daily schedule (unless otherwise arranged by the Agency) shall be: 1:00 PM to 5:00 PM 4. Wages: Trainee will receive $ 4 . 25 per hour, to be paid by the Agency. The Trainee will: 1) be paid only for hours worked as documented on Time and Attendance Records; 2) not be paid for illness, vacations, lunch breaks, or holidays. 5. The Trainee must be determined eligible and serviceable for JTPA services by the Agency prior to beginning the WEX. Eligibility shall be determined in accordance with the JTPA Act of 1982, Washington State Provisions and the Yakima County Department of Employment and Training procedures. IV. GENERAL PROVISIONS 1. MAINTENANCE OF EFFORT, LAYOFFS AND RELOCATION: No currently employed worker shall be displaced by the Trainee (including partial displacement such as a reduction in the hours of non -overtime work wages or employment benefits), nor shall the Trainee be placed in a job when any other individual is on layoff from the same or any substantially equivalent job or when the Training Site has terminated the employment of any regular employee or otherwise reduced its workforce with the intention of filling the vacancy with the Trainee. The placement of the Trainee under this Agreement may not infringe upon the promotional opportunities of currently employed individuals. No trainee shall be placed in a job if the employer has relocated in the last year and the relocation caused the layoff or termination of any individuals in substantially equivalent jobs. 2. POLITICAL ACTIVITIES: Involvement of Trainee in political or sectarian activities as part of his/her work experience program is prohibited. 3. UNION: Trainees shall not be placed into a job that is in conflict with a collective bargaining agreements, unless the appropriate bargaining representative has been advised of the proposed activities, and written concurrence has been granted. 4. DISMISSAL POLICY: Except for serious violations of Training Site policies, the Training site will not dismiss the Trainee without contacting the Agency and allowing for counseling and corrective action to occur. In the event of dismissal for serious violations, the Training Site must notify the Agency on the first working day after dismissal. 5. EEO/AFFIRMATIVE ACTION: No person shall be denied employment, excluded from benefits, or suffer discrimination under this Agreement because of race, color, religion, sex, national origin, age, handicap, political affiliation or belief, or solely because of his/her status as a trainee under this Agreement. 6. DELEGATION/SUBCONTRACTING: The Subcontractor shall not subcontract or assign training duties under this Page 2 WORK EXPERIENCE AGREEMENT Agreement. 7. DISPUTES: All disputes shall be resolved informally between the Trainee, the Training Site and the Agency. If resolution does not occur to the satisfaction of any party, the first step is to use existing grievance procedures, if any, established by the Training Site to resolve disputes with Trainees. If the Training Site has no internal grievance procedures or if the dispute remains unresolved, the parties agree to participate in, and be bound by determinations resulting through the administrative process of the Tri -Valley Consortium, in lieu of litigation. 8. TERMINATION FOR CONVENIENCE: Either the Training Site or the Agency may terminate this Agreement with written notice to the other party. 9. CONTINGENCY OF FUNDING: This Agreement may remain in force provided funding is available. The Toss or disruption of funding shall be cause for termination of this agreement. 10. MONITORING AND AUDIT: The Training Site agrees that the Agency and/or authorized local, State or Federal representatives have the right to monitor, audit, and review the progress of training and any documents and records pertaining to training for compliance with the terms of this Agreement. 11. HOLD HARMLESS: Each party shall take the responsibility for the actions of it's own employees or agents when negligence occurs in the performance of this Agreement. V. SIGNATURES The parties agree to all the terms in this WEX Agreement by affixing their signatures below. Trainee Signature/Date: Authorized Agency Signature/Date: /&(< AA, Training Site Supervisor Signature/Dater* -- a- (' ., 1 fl • ci/t):-. 'ir'L-> Authorized Official Signature/Date: '5, �,i . (- 28 -93 �YP-o--6-(&,-4-- -3?c-ct3 City Clerk (if applicable)/Date: Page 3