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HomeMy WebLinkAboutC-1381(B) - STEP/Experience Unlimited; Short Term Employment ProgramID 4 CITY OF NEWPORT BEACH CALIFORNIA DATE July 27, 1971 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. C-1381 (a) and (b) Description of Contract STSP/E"rienoe Ullimited Snort Term flnplcyment Progrm Authorized by Resolution No. , adopted on Effective date of Contract (A) auly 1. 1971 (b) July 12, 1971 Contract with State of California Address Human Resources Davelopment Dept. Amount of Contract , city 6le c City Hall 3300 W. Newport Blvd. Area Code 714 . 673 -2110 7 r _ y ri9a'. . A #EMENT NO. S --5 J7 I AGREEMENT JUL 16 1 BETWEEN THE CALIFORNIA STATE DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT AND City of Newport Beach THIS AGREEMENT, entered into this 12th day of .July , 19710 by and between the California State Depart- -ment of Human Resources Development, hereinafter referred to as "Department ", and City of Newport Beach hereinafter referred to as "User Agency ", WITNESSETH THAT: WHEREAS, there has been established within the Manpower Administration of the United States Department of Labor a "Supplemental Training and Employment Program", hereinafter referred to as "STEP ", having as its purpose a program of work experience and training designed to provide short -term meaningful, supplemental experience and training in the public and private nonprofit sectors of the economy. WHEREAS, the Federal Government has obtained workman's compensation insurance coverage through a national insurance carrier; and WHEREAS, the Department has obtained general liability insurance to protect enrollees, and User Agencies participating in this program. WHEREAS, STEP is intended to provide temporary financial assistance to these individuals as well as to enhance their prospects for future employability; and ES QY; STEP (6-71) 0 0 r WHEREAS, the parties hereto are desirous of implementing' and conducting the STEP project described below; NOW, THEREFORE, the parties do hereby agree as follows: ARTICLE I USER AGENCY (1) The User Agency represents that it desires and is able to provide and does hereby agree to make available one (1) suitable skill training and /or work experience slots, at the work site(s) and in the respective occupations described in the attached schedule, marked "Exhibit I" and hereby incorporated by reference as a part of this Agreement, for those eligible STEP participants, hereinafter referred to as "enrollees ", who are selected and referred to the User Agency by the Department and who meet the minimum qual- ifications established by the User Agency. Except as specifically noted in Exhibit I, all slots shall provide forty (40) hours I per week of full-time-employment or training, including such released time as may be made available pursuant to paragraph (5). (2) Each enrollee shall be enrolled for an initial thirteen (13) week period, subject to the right of the Department in its discretion to recertify that enrollee to that slot, or another suitable slot, for a second thirteen (13) week period. The maximum consecutive enrollment for any enrollee shall not exceed thirty -nine (39) weeks; provided, however, that an enrollee who has previously been placed in full -time employment may, if the Department determines such placement to have been unsatisfactory, be reenrolled for another initial thirteen (13) week period and shall thereafter be eligible for recertification to a second thirteen (13) week period. -2- (3) The User Agency understands that the Department reserves the right at any time to terminate an enrollee's parti- cipation in the project. Among other reasons, an enrollee shall be terminated upon his placement in full -time employment or a full -time training course. Should an enrollee's performance prove unsatisfactory, due to misconduct, excessive tardiness or unexcused absence, inability to conform to work routine or to complete assigned duties, or any other cause, the User Agency and the Department shall determine the appropriate remedy, which may include counseling, change in duty or work site assignment, or termination. (4) Should an enrollee be terminated prior to the expiration of his enrollment period, the User Agency shall replace him in that slot with another eligible enrollee, referred by the Department, who shall be eligible for a full term, subject to expiration or termination of this Agreement. (5) An enrollee shall not participate in his training at the work site for more than forty (40) hours in any one week; and, subject to prior arrangements between the User Agency and the Department, an enrollee shall be released from his training or work to receive supplemental instruction or to attend counseling sessions, orientation, job interviews, or similar STEP - related functions. (6) The User Agency agrees to treat the participating enrollee in the same manner as its other, regular employees of comparable experience and.ability in similar occupations at the work site(s), including assignment to the enrollee of the duties required of its regular staff in similar occupations and, where -3- C necessary, the furnishing to the enrollee of the same or similar equipment or tools as used by the regular employees. (7) The User Agency shall provide proper supervision for each enrollee at the work site, which shall insofar as is reasonable and practicable be in accordance with the standards prescribed by the Department. (8) The User Agency shall maintain such current time sheets or schedules, books and other records relating to the enrollees as may reasonably be required by the Department and, pursuant to prior arrangements between the parties, shall regularly and promptly prepare and submit to the Department a Stipend Request and Authorization, Form ES -952 (STEP). (9) The authorized representatives of the Department shall have access to the premises of the User Agency at all reason- able hours for such purposes as monitoring the STEP project, counseling or advising the enrollees, and inspecting the books and records. (10) The User Agency shall not reduce the level of its work training as a result of this Agreement or any renewal or extension thereof. The User Agency assures that this project will not be used to displace any of its full -time or part -time regular employees or to substitute for authorized vacancies existing on its staff or to impair, in any way, employment or earning oppor- tunities for its regular employees. (11) The User Agency shall, unless the parties otherwise provide,, abide by and comply with all training or work experience standards, rules, policies, guidelines and procedures adopted by the Manpower Administration and imposed upon the Department for implementation of projects under STEP. -4- 0 (12) All work and training opportunities and all work sites and facilities shall be provided and maintained in accordance with applicable local, state, and federal law. ARTICLE II DESCRIPTION OF USER AGENCY Name: City of Newport Beach Address: 3300 Newport Boulevard, Newport Beach, California 92660 (714) 673 -2110 Contact Person: Miss Judy L. Kelsey Title: Administrative Assistant to the City Manager The representative of the User Agency whose name appears above shall consult with the Department regarding enrollee placement in STEP and all other program- related matters which may develop during the term of this Agreement. DEPARTMENT ARTICLE III 0 In consideration of the foregoing, the Department agrees: (1) To the extent that the Department determines they are available, to select.and refer to the User Agency eligible enrollees for the occupations listed in the attached Exhibit I and additional eligible enrollees whenever vacancies occur by reason of termination or other cause. (2) To arrange, upon receipt of the time sheets and other necessary and related information from the User Agency, for the payment of stipends to all enrollees referred; provided, however, that the User Agency shall not be liable for the payment of said stipends or any other monies to said enrollees for their training, work experience, subsistence, transportation or other purpose. -5- i • (3) To monitor the project and the enrollees at their work site(s) at reasonable hours and as frequently as may be necessary and appropriate. (4) To furnish the User Agency with copies of all $TEP standards, rules, guidelines, procedures, forms, and other infor- mation which it deems necessary for the proper conduct by the User Agency of this program and in all other respects to cooperate with the User Agency. ARTICLE IV CONFIDENTIALITY OF ENROLLEE RECORDS The User Agency agrees to maintain the confidentiality of any information regarding enrollees or their immediate families which may be obtained from any source. Without permission of the enrollee, such information shall be divulged only as necessary for purposes related to the performance of this Agreement and to persons having responsibilities under this Agreement or in accordance with law. TERM ARTICLE V This Agreement shall terminate on December 31 P 1971, unless the parties shall otherwise provide in writing or unless terminated by either party upon thirty (30) days written notice. AMENDMENT To amend, or to make any deletions, or additions to this Agreement, a new and separate Agreement must be executed in writing which will have the effect of terminating and superseding this Agreement. MAS ASSIGNMENT 0 ARTICLE VII Any delegation of duties under this contract will make the contract voidable at the option of the Department. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. City of Newport Beach (User Agency) BY It Philip F. Bettencourt (Typed Name) Acting City Manager Title -7- CALIFORNIA STATE DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT BY: yped Name Regional STEP Coordinator Title 0 4 Q LD cD O 2' a zr W :*Z r� OW ace wa ° LL <0 O:z z:D z° Z Qa mod' 1.-O J -,E Q W z W ZE W J EL IL F- m x W r, A N L N N r-1 r-V U N • •N OZ aCipP a0 N 4 C Ua .411.3 N Z) ui �U O (A a) a C N CUC N p. R O LH adC . tD O .b cd O . r •N •N u mN xm x Q) 4J -4 .��0OOa0i° U N Uw N ,J a W A f C _ + c w o a w°l 0-1 O 3 M 7 O ra � ;z w 0 o •) V V LL_ N or °C5 r-I Z N N �1 N Z O v •� H a~ w u U , pv �2 L) a A &EMENT N0. ' ''SSE 450 -15 AGREEMENT BETWEEN 6% Q 1971 THE CALIFORNIA STATE DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT AND e - / c� CITY OF N34PORT BEACH THIS AGREEMENT, entered into this 1st day of July , 1971, by and between the California State Depart- ment of Human Resources Development, hereinafter referred to as "Department ", and City of Newport Beach hereinafter referred to as "User Agency ", WITNESSETH THAT: WHEREAS, there has been established within the Manpower Administration of the United States Department of Labor a "Supplemental Training and Employment Program ", hereinafter referred to as "STEP ", having as its purpose a program of work experience and training designed to provide short -term meaningful, supplemental experience and training in the public and private nonprofit sectors of the economy. WHEREAS, the Federal Government has obtained workman's compensation insurance coverage through a national insurance carrier; and WHEREAS, the Department has obtained general liability insurance to protect enrollees, and User Agencies participating in this program. WHEREAS, STEP is intended to provide temporary financial assistance to these individuals as well as to enhance their prospects for future employability; and ES 953 STEP (6 -71) WHEREAS, the parties hereto are desirous of implementing and conducting the STEP project described below; NOW, THEREFORE, the parties do hereby agree as follows: ARTICLE I USER AGENCY (1) The User Agency represents that it desires and is able to provide and does hereby agree to make available 40 suitable skill training and /or work experience slots, at the work site(s) and in the respective occupations described in the attached schedule, marked "Exhibit I" and hereby incorporated by reference as a part of this Agreement, for those eligible STEP participants, hereinafter referred to as "enrollees ", who are selected and referred to the User Agency by the Department and who meet the minimum qual- ifications established by the User Agency. Except as specifically noted in Exhibit I, all slots shall provide forty (40) hours per week of full -time employment or training, including such released time as may be made available pursuant to paragraph (5). (2) Each enrollee shall be enrolled for an initial thirteen (13) week period, subject to the right of the Department in its discretion to recertify that enrollee to that slot, or another suitable slot, for a second thirteen (13) week period. The maximum consecutive enrollment for any enrollee shall not exceed thirty -nine (39) weeks; provided, however, that an enrollee who has previously been placed in full -time employment may, if the Department determines such placement to have been unsatisfactory, be reenrolled for another initial thirteen (13) week period and shall thereafter be eligible for recertification to a second thirteen (13) week period. -2- (3) The User Agency understands that the Department reserves the right at any time to terminate an enrollee's parti- cipation in the project. Among other reasons, an enrollee shall be terminated upon his placement in full -time employment or a full -time training course. Should an enrollee's performance prove unsatisfactory, due to misconduct, excessive tardiness or unexcused absence, inability to conform to work routine or to complete assigned duties, or any other cause, the User Agency and the Department shall determine the appropriate remedy, which may include counseling, change in duty or work site assignment, or termination. (4) Should an enrollee be terminated prior to the expiration of his enrollment period, the User Agency shall replace him in that slot with another eligible enrollee, referred by the Department, who shall be eligible for a full term, subject to expiration or termination of this Agreement. (5) An enrollee shall not participate in his training at the work site for more than forty (40) hours in any one week; and, subject to prior arrangements between the User Agency and the Department, an enrollee shall be released from his training or work to receive supplemental instruction or to attend counseling sessions, orientation, job interviews, or similar STEP - related functions. (6) The User Agency agrees to treat the participating enrollee in the same manner as its other, regular employees of comparable experience and ability in similar occupations at the work site(s), including assignment to the enrollee of the duties required of its regular staff in similar occupations and, where CM 0 C necessary, the furnishing to the enrollee of the same or similar equipment or tools as used by the regular employees. (7) The User Agency shall provide proper supervision for each enrollee at the work site, which shall insofar as is reasonable and practicable be in accordance with the standards prescribed by the Department. (8) The User Agency shall maintain such current time sheets or schedules, books and other records relating to the enrollees as may reasonably be required by the Department and, pursuant to prior arrangements between the parties, shall regularly and promptly prepare and submit to the Department a Stipend Request and Authorization, Form ES -952 (STEP). (9) The authorized representatives of the Department shall have access to the premises of the User Agency at all reason- able hours for such purposes as monitoring the STEP project, counseling or advising the enrollees, and inspecting the books and records. (10) The User Agency shall not reduce the level of its work training as a result of this Agreement or any renewal or extension thereof. The User Agency assures that this project will not be used to displace any of its full -time or part -time regular employees or to substitute for authorized vacancies existing on its staff or to impair, in any way, employment or earning oppor- tunities for its regular employees. (11) The User Agency shall, unless the parties otherwise provide, abide by and comply with all training or work experience standards, rules, policies, guidelines and procedures adopted by the Manpower Administration and imposed upon the Department for implementation of projects under STEP. -4- (12) All work and training opportunities and all work sites and facilities shall be provided and maintained in accordance with applicable local, state, and federal law. ARTICLE II DESCRIPTION OF USER AGENCY Name: City of Newport Beach Address: 3300 Newport Ave, Newport Beach Contact Person: Frank Ivens Title: Personnel Assistant The representative of the User Agency whose name appears above shall consult with the Department regarding enrollee placement in STEP and all other program- related matters which may develop during the term of this Agreement. DEPARTMENT ARTICLE III In consideration of the foregoing, the Department agrees: (1) To the extent that the Department determines they are available, to select and refer to the User Agency eligible enrollees for the occupations listed in the attached Exhibit I and additional eligible enrollees whenever vacancies occur by I reason of termination or other cause. (2) To arrange, upon receipt of the time sheets and other necessary and related information from the User Agency, for the payment of stipends to all enrollees referred; provided, however, that the User Agency shall not be liable for the payment of said stipends or any other monies to said enrollees for their training, work experience, subsistence, transportation or other purpose. -5- 0 (3) To monitor the project and the enrollees at their work site(s) at reasonable hours and as frequently as may be necessary and appropriate. (4) To furnish the User Agency with copies of all STEP standards, rules, guidelines, procedures, forms, and other infor- mation which it deems necessary for the proper conduct by the User Agency of this program and in all other respects to cooperate with the User Agency. ARTICLE IV CONFIDENTIALITY OF ENROLLEE RECORDS The User Agency agrees to maintain the confidentiality of any information regarding enrollees or their immediate families which may be obtained from any source. Without permission of the enrollee, such information shall be divulged only as necessary for purposes related to the performance of this Agreement and to persons having responsibilities under this Agreement or in accordance with law. TERM ARTICLE V This Agreement shall terminate on December 31 f 1971, unless the parties shall otherwise provide in writing or unless terminated by either party upon thirty (30) days written notice. AMENDMENT To amend, or to make any deletions, or additions to this Agreement, a new and separate Agreement must be executed in writing which will have the effect of terminating and superseding this Agreement. M ARTICLE VII ASSIGNMENT Any delegation of duties under this contract will make the contract voidable at the option of the Department. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. BY: City of Newport Beach (User Agency) (Typed Name) City Manager Title -7- CALIFORNIA STATE DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT Betty Re rd on (Typed Name) STEP Regional Coordinator Title K O CL CL z z tu o:* d W :x a' Q � zIL iQO Z:3 Fm Z Q IX CC Ho W f � Z W i W J CL CL N H m K W L AL - A 0 .r j +P S. m .0 a eo +) v A m x w F, o +� A +� a A G ♦P +> o o F, m ti m A m ' A p. m � 'O •5 w m •r O C N •rl A a A m U fra m 0 •3 A N A 1-1 mm + •ri >y N .O O Fa •r •r1 > F• m a 4 m gg m m •ri Z l r-1 a 4> m y •ri U 4� ', 0 m O T3 O O� w z 4 m 41 A 2F W H O '6 �'m � •rl h 44 +>ri � x3A m (D: 'V +>H W 'O P.A i W A o ro OH = O w+> O W A U ••i W O r m m + O A N m vq A O Jl Wj O m m O+ O 0 3 a) - O+� m OU 0 A rl •rl ri 0 40 A w N m •ri 4"� f.' N m f.' N A O m LL W O r+ •rl m w +•> C m m e 4 rl A • m m O m •rl X m +� F. H TI P. m U ri .0 w 4 .^ •ri td +> •rl A 9 'O LL . 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