HomeMy WebLinkAbout05.U- Parks, Recreation & Community Services 6
RESOLUTION (ID#3021) DOC ID: 3021 B
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: Mickey Valdivia M/CC Meeting Date: 04/07/2014
Prepared by: Glenda Robinson, (909) 384-
5233
Dept: Parks, Recreation&Community Ward(s): All
Services
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the
City Manager to Execute a Volunteer Services Agreement Between the City of San Bernardino
and the Provisional Accelerated Learning Center (PAL) to Participate in the Cal-Works Youth
Employment Program. (#3021)
Current Business Registration Certificate: Not Applicable
Financial Impact:
Account Budgeted Amount: No Financial Impact
Account No. No Financial Impact
Account Description: No Financial Impact
Balance as o£ No Financial Impact
Balance after approval of this item: No Financial Impact
Please note this balance does not indicate available funding. It does not include non-encumbered
reoccurring expenses or expenses incurred,but not yet processed.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
6-5-2000 - Mayor and Common Council authorized the City Manager to execute an agreement
with the Management and Training Corporation, Inland Empire Job Corps Center and its Corps
members relating to training internship work experience for students
Background:
Throughout the years, the Department has benefited greatly from the youth (ages 15 to 18 years
old) placed at our various facilities and parks. In exchange for receiving the additional labor, the
Department has agreed to provide supervised, meaningful, adequate work; and tools/equipment
to perform the job. These types of partnerships have been key to ensuring the continuation of
summer programming for our City residents.
Due to the Department's many budget cuts, it is essential that the Department identify and secure
outside resources (such as Provisional Accelerated Learning Center) to assist with providing and
continuing essential community services. PAL will provide internships for teen participants that
can be placed at our senior centers, community centers, and parks throughout the City. Through
the internship, teen participants acquire work readiness skills and work experience in exchange
for subsidized labor. It is important that the Mayor and Common Council maximize the
Updated: 3/31/2014 by Jolena E.Grider B I I Packet Pg.279'
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3021
Department's resources, by approving these efforts and authorize the City Manager to execute
agreement.
City Attorney Review:
Supporting Documents:
reso 3021 (PDF)
agrmt 3021 (PDF)
Letter to Prospective Employer (DOC)
Updated:3/31/2014 by Jolena E.Grider B Packet Pg. 280
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1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A
3 VOLUNTEER SERVICES AGREEMENT BETWEEN THE CITY OF SAN
4 BERNARDINO AND THE PROVISIONAL ACCELERATED LEARNING CENTER
(PAL) TO PARTICIPATE IN THE CAL-WORKS YOUTH EMPLOYMENT
5 PROGRAM.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The City Manager is authorized to execute a Volunteer Services
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Agreement between City of San Bernardino and Provisional Accelerated Learning Center to
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10 participate in the Cal-Works Youth Employment Program attached hereto as Exhibit "A" and
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11 incorporated by reference as though fully set forth.
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12 SECTION 2. This authorization shall expire and be deemed void and of no further a
13 effect if the agreement is not executed by both parties and returned to the Office of the City o
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14 Clerk within sixty (60) days following the effective date of the resolution.
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Packet Pg.,,281
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I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A
2 VOLUNTEER SERVICES AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND THE PROVISIONAL ACCELERATED LEARNING CENTER
3 (PAL) TO PARTICIPATE IN THE CAL-WORKS YOUTH EMPLOYMENT
4 PROGRAM.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a meeting thereof, held on the
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day of , 2014, by the following vote,to wit:
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Council Members: AYES NAYS ABSTAIN ABSENT c
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10 MARQUEZ
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11 BARRIOS 2
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12 VALDIVIA
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13 SHORETT o
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14 NICKEL P
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15 JOHNSON N
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16 MULVIHILL
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19 Georgeann Hanna,City Clerk E
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The foregoing is hereby pp roved this day ,2014.
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R. CAREY DAVIS,Mayor
23 City of San Bernardino
Approved as to form:
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GARY D. SAENZ, City Attorney
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By:
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VOLUNTEER SERVICES AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND PROVISIONAL ACCELERATED LEARNING CENTER
THIS AGREEMENT is made and entered into this day of , 2014
("Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter city ("CITY")
and PROVISIONAL ACCELERATED LEARNING CENTER, an educational organization
("PAL").
WITNESSETH :
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A. WHEREAS, PAL has received a grant to work with the Cal-Works Youth ;
Employment Program to help individuals gain work readiness skills and work experience; and
B. WHEREAS, the CITY requires volunteers to provide critical services to the
residents of the City of San Bernardino; and
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NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein,the parties hereby agree as follows:
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1.0. SERVICES Q
1.1. Scope of Services. PAL shall provide the volunteer services described in the
Scope of Volunteer Services attached hereto as Attachment "1" and incorporated herein by this o
reference. CITY shall provide the services described in the Scope of Volunteer Services attached a
hereto as Attachment"1"and incorporated herein by this reference. If a conflict arises between the
Scope of Volunteer Services and this Volunteer Services Agreement (hereinafter "Agreement"), o
the terms of the Agreement shall govern.
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1.2. Warranty. PAL warrants that it shall perform the services required by this M
Agreement in compliance with all applicable Federal and California employment laws including, E
but not limited to,those laws related to minimum hours and wages; occupational health and safety;
fair employment and employment practices; workers' compensation insurance and safety in
employment; and all other Federal, State and local laws and ordinances applicable to the services E
required under this Agreement. PAL shall indemnify and hold harmless CITY from and against
all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and Q
description including reasonable attorneys'fees and costs,presented,brought, or recovered against
CITY for, or on account of any liability under any of the above-mentioned laws, arising from or
related to PAL's performance under this Agreement.
1.3. Non-discrimination. In performing this Agreement, PAL shall not engage in,nor
permit its officers, employees or agents to engage in, discrimination in employment of persons
because of their race, religion, color, national origin, ancestry, age, mental or physical disability,
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medical condition, marital status, sexual gender or sexual orientation.
1.4. Non-Exclusive Agreement. PAL acknowledges that CITY may enter into
agreements with other organizations for services similar to the services that are subject to this
Agreement or may have its own employees perform services similar to those services
contemplated by this Agreement.
1.5. Conflicts of Interest. During the term of this Agreement, PAL shall at all times
maintain a duty of loyalty and a fiduciary duty as to the CITY and shall not accept payment from or
employment with any person or entity which will constitute a conflict of interest with the CITY.
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2.4. TERM AND NOTIFICATION. d
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2.1. Term. This Agreement shall commence on the Effective Date and continue for a c
period of six (6)months, unless the Agreement is previously terminated as provided for herein.
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2.2 Termination. CITY or PAL may terminate the services provided under Section
1.1 of this Agreement effective upon written notice to the other party for any reason. d
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3.0. GENERAL PROVISIONS
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3.1. Entire Agreement: This Agreement constitutes the entire Agreement between the >o
parties with respect to any matter referenced herein and supersedes any and all other prior writings a`
and oral negotiations. This Agreement may be modified only in writing,and signed by the parties N
in interest at the time of such modification. The terms of this Agreement shall prevail over any M
inconsistent provision in any other contract document appurtenant hereto, including exhibits to
this Agreement. o
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3.2. Notices. Any notices, documents, correspondence or other communications
concerning this Agreement or the work hereunder may be provided by personal delivery,facsimile
or mail and shall be addressed as set forth below. Such communication shall be deemed served or
delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the
time of transmission if such communication is sent by facsimile; and c) 48 hours after deposit in
the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through
regular United States mail.
IF TO PAL: IF TO CITY:
Marlene Davis Mickey Valdivia,Director
2450 Blake Street City of San Bernardino
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San Bernardino, CA 92407 Parks Recreation & Community Services
Department
201 North"E" Street, Suite 301 —3rd Floor
San Bernardino, CA 92401
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3.3. Attorneys' Fees: In the event that litigation is brought by any party in connection
with this Agreement, the prevailing party shall be entitled to recover from the opposing party all d
costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the
exercise of any of its rights or remedies hereunder or the enforcement of any of the terms,
conditions, or provisions hereof. The costs, salary and expenses of the City Attorney and a
members of his office in enforcing this contract on behalf of the CITY shall be considered as
"attorneys' fees" for the purposes of this Agreement. o
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3.4. Governing Law. This Agreement shall be governed by and construed under the °
laws of the State of California without giving effect to that body of laws pertaining to conflict of
laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto 0
agree that the sole and exclusive venue shall be a court of competent jurisdiction located in San
Bernardino PAL, California. N
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3.5. Assignment: PAL shall not voluntarily or by operation of law assign, transfer, E
sublet or encumber all or any part of PAL's interest in this Agreement without CITY's prior written R
consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall
constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of E
CITY's consent, no subletting or assignment shall release PAL of PAL's obligation to perform all
other obligations to be performed by PAL hereunder for the term of this Agreement. Q
3.6. Indemnification and Hold Harmless. PAL shall protect, defend, indemnify and
hold harmless CITY and its elected and appointed officials, boards, commissions, officers,
attorneys, agents and employees from any and all claims, losses, demands, suits, administrative
actions,penalties, liabilities and expenses,including reasonable attorney fees,damage to property
or injuries to or death of any person or persons or damages of any nature including,but not limited
to, all civil claims or workers' compensation claims arising from or in any way related to PAL's
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performance under this Agreement, except when caused solely by the CITY's negligence.
3.7. Independent Contractor. PAL, at all times while performing under this
Agreement, is and shall be acting at all times as an independent contractor and not as an agent or
employee of CITY. PAL shall secure, at its expense,and be responsible for any and all payment
of wages, benefits and taxes including, but not limited to, Income Tax, Social Security, State
IDisability Insurance Compensation, Unemployment Compensation, and other payroll deductions
for PAL and its officers, agents, and employees, and all business licenses, if any are required, in
^i connection with the services to be performed hereunder. Neither PAL nor its officers,agents and
j employees shall be entitled to receive any benefits which employees of CITY are entitled to
receive and shall not be entitled to workers' compensation insurance, unemployment
compensation, medical insurance, life insurance, paid vacations, paid holidays, pension, profit
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sharing or social security on account of PAL and its officers', agents'and employees' work for the
CITY. This Agreement does not create the relationship of agent, servant, employee partnership
or joint venture between the CITY and PAL.
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3.8 Conflict of Interest Disclosure: PAL or its employees may be subject to the J
provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such
persons to disclose financial interests that may be materially affected by the work performed under
this Agreement, and (2)prohibits such persons from making or participating in making decisions
that will have a foreseeable financial affect on such interest. q
PAL shall conform to all requirements of the Act. Failure to do so constitutes a 2
material breach and is grounds for termination of the Agreement by CITY. o
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3.9. No Third Party Beneficiary Rights. This Agreement is entered into for the sole
benefit of CITY and PAL and no other parties are intended to be direct or incidental beneficiaries M
of this Agreement and no third party shall have any right in, under or to this Agreement.
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3.10. Headings Paragraphs and subparagraph headings contained in this Agreement are
included solely for convenience and are not intended to modify, explain or to be a full or accurate a�
description of the content thereof and shall not in any way affect the meaning or interpretation of
this Agreement.
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3.11. Amendments. Only a writing executed by all of the parties hereto or their
respective successors and assigns may amend this Agreement. a
3.12. Waiver. The delay or failure of either party at any time to require performance or
compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver
of those rights to require such performance or compliance. No waiver of any provision of this
Agreement shall be effective unless in writing and signed by a duly authorized representative of
the party against whom enforcement of a waiver is sought. The waiver of any right or remedy
with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with
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respect to any other occurrence or event,nor shall any waiver constitute a continuing waiver.
3.13. Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not
affect the validity or enforceability of the remaining terms and provisions hereof or of the
offending provision in any other circumstance, and the remaining provisions of this Agreement
shall remain in full force and effect.
3.14. Counterparts. This Agreement may be executed in one or more counterparts, each
of which shall be deemed an original. All counterparts shall be construed together and shall
constitute one agreement.
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3.15. Corporate Authority.The persons executing this Agreement on behalf of the parties
hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and
that by doing so,the parties hereto are formally bound to the provisions of this Agreement.
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3.16 Intellectual Property. The parties agree that all plans, designs, models, manuals,
methods and other materials developed on behalf of the CITY, during the term of this agreement, a
becomes the immediate property of the CITY.
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VOLUNTEER SERVICES AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND PROVISIONAL ACCELERATED LEARNING CENTER
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and
through their respective authorized officers, as of the date first above written.
CITY OF SAN BERNARDINO, PAL CENTER
A Municipal Corporation An Educational Organization
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DATE: DATE:
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Allen Parker, Marlene Davis,
City Manager Job Developer
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APPROVED AS TO FORM:
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GARY D. SAENZ,
City Attorney o
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By:
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ATTACHMENT I to VSA BETWEEN PAL and CITY
PROVISIONAL ACCELERATED LEARNING CENTER
2450 BLAKE STREET SAN BERNARDINO, CA 92407
Telephone: (909) 887-7002 FAX: (909)887-8942
Provisional Accelerated Learning Center and the City of San Bernardino
Parks,Recreation & Community Services Department
San Bernardino Parks,Recreation and Community Services Department agree to:
• Provide a learning working experience for students participating in the Cal Works Youth
Employment Program (CYEP)for a total of 480 hours through the period of April 1't to June 30, a;
2014 and July 1, 2014 to June 30,2015 periods. v
• Be responsible for the general daily administrative direction and supervision of all youth
participants. i
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• Site Supervisor will secure folders and sign the timesheets to verify all hours worked at site.
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• Department accepts no liability for compensation, insurance or any other employment issues. m
Provisional Accelerated Learning Center agrees to provide:
* All compensation, liability insurance, payroll taxes withholding,worker's compensation coverage Q
and all other benefits required by law.
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• Completed Worksite Training Agreement with appropriate information and signatures. g
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• Weekly monitoring of youth at worksites to determine if program objectives are being met. o
• Ongoing supervision and assistance with concerns relating to CYEP youth. a
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E • Collecting timesheets and document progression of the youth throughout the placement. N
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March 3,2014
To: Prospective Employer,
Thank you for taking the time to discuss the possibility of allowing our Cal-Works Youth Employment
,J Program(CYEP)participants the opportunity to experience working with the City of San Bernardino's
Parks and Recreation Department.
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The Provisional Accelerated Learning Center(PAL)Center has received a grant to work with the Cal-
Works Youth Employment Program(CYEP). This program is funded from the County of San
Bernardino's Workforce Investment Board(WIB). The goal of our program is to help program
participants gain work readiness skills and work experience which could lead to possible employment.
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Work experience training is designed to enable participants to gain exposure to real life working
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experiences and should help participants acquire the personal; attributes,knowledge,and skills needed to
obtain a job and advance in employment. i
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The first phase of the program will start on April 1,2014—June 30,2014 with approximately 30 students. J
The second phase of the program will start from July 1,2014—June 30, 2015 with 60 students.All
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participants will be attending an extensive work-readiness class and will be assessed to determine their `m
skill strengths and weaknesses. The program participants will then be placed at a worksite aligned with
their career goals whenever possible in their local area.They will work approximately 1.2 to 15 hours per a
week and not exceed a total of 480 hours in the program.Work experience training can be terminated by c
WIA staff if expectations are not being met.Program youth receive a wage for work experience training; U)
the WIA participants are paid through the PAL Center's WIA program. o
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It is expected that the worksite supervisor will:
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• Participate in worksite orientation with program staff and participant and provide on-going
supervision. c
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• Complete a worksite training agreement which will be maintained on site in a confidential E
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• Ensure that there is meaningful adequate work and provide needed tools/equipment to perform E
the job.
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• Will immediately notify WIA staff of potential infractions and/or exceptional performance. a
• Review, approve and sign the participant's time sheet to be submitted for payment.
• Contact the WIA staff immediately in case of an accident.
Sincerely,
Marlene Davis
Job Developer
2450 Blake Street* San Bernardino, California 92407
Mailing Address: P.O. Box 7100* San Bernardino, California 92411 Packet Pg. 291
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March 3,2014
To: Prospective Employer,
Thank you for taking the time to discuss the possibility of allowing our Cal-Works Youth Employment
Program(CYEP)participants the opportunity to experience working with the City of San Bernardino's
Parks and Recreation Department.
The Provisional Accelerated Learning Center(PAL)Center has received a grant to work with the Cal- L
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Works Youth Employment Program(CYEP). This program is funded from the County of San
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Bernardino's Workforce Investment Board(WIB). The goal of our program is to help program v
participants gain work readiness skills and work experience which could lead to possible employment. c
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Work experience training is designed to enable participants to gain exposure to real life working J
experiences and should help participants acquire the personal;attributes,knowledge,and skills needed to
obtain a job and advance in employment. c
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The first phase of the program will start on April 1,2014—June 30,2014 with approximately 30 students.
The second phase of the program will start from July 1,2014—June 30,2015 with 60 students.All
participants will be attending an extensive work-readiness class and will be assessed to determine their o
skill strengths and weaknesses.The program participants will then be placed at a worksite aligned with N
their career goals whenever possible in their local area.They will work approximately 12 to 15 hours per o
week and not exceed a total of 480 hours in the program. Work experience training can be terminated by °
WIA staff if expectations are not being met. Program youth receive a wage for work experience training; N
the WIA participants are paid through the PAL Center's WIA program.
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It is expected that the worksite supervisor will: o
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• Participate in worksite orientation with program staff and participant and provide on-going w
supervision. >
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• Complete a worksite training agreement which will be maintained on site in a confidential N
manner. °
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• Ensure that there is meaningful adequate work and provide needed tools/equipment to perform L
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the job.
• Will immediately notify WIA staff of potential infractions and/or exceptional performance.
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• Review,approve and sign the participant's time sheet to be submitted for payment. v
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• Contact the WIA staff immediately in case of an accident. `t
Sincerely,
Marlene Davis
Job Developer
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2450 Blake Street * San Bernardino, California 92407
Mailing Address: P.O. Box 7100 * San Bernardino, California 92411
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