HomeMy WebLinkAbout2017-0761
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RESOLUTION NO. 2017-76
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF A
VOLUNTEER SERVICES AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND INLAND EMPIRE JOB CORP CENTER
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the City Manager or his designee is hereby authorized and directed
to execute a Volunteer Services Agreement between the City of San Bernardino and Inland
Empire Job Corp Center, attached hereto as Exhibit "A" and incorporated by reference herein
as if fully set forth.
SECTION 2. This authorization shall expire and be deemed void and of no further
effect if the Agreement is not executed by both parties and returned to the Office of the City
Clerk within sixty (60) days following the effective date of this Resolution.
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RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF A
VOLUNTEER SERVICES AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND INLAND EMPIRE JOB CORP CENTER
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and City Council of the City of San Bernardino at a joint regular meeting thereof, held on the
1St day of May 2017, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ X
BARRIOS X
VALDIVIA X(M)
SHORETT X(S)
NICKEL X
RICHARD X
MULVIHILL X
Georgea anna, CMC, ty Clerk
The foregoing Resolution is hereby approved this e?3 day of NiW 2017.
R. Carey Davis ayor
City of San Bernardino
Approved as to form:
Gary D. Saenz, City Attorney
By: cl�>�b�aL
L-
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EXI HB IT "A"
EXHIBIT `B"
WORK -BASED LEARNING PROGR"AGREEMENT
BETWEEN
Inland Empire Job Corps Center
3173 Kerry Street, San Bernardino, CA 92407
Contact: Annette May (909) 887-7120
And
Employer: San Bernardino Parks and Recreation
Address: 201 N `B" St #301 San Bernardino, CA
Telephone:
The above-mentioned organizations are entering into an AGREEMENT to establish a Work -
Based Learning (WBL) Program with the stipulations outlined below. This document is not a
contract or a legally binding document; rather, it is a Memorandum of Understanding (MOU)
between the above-mentioned parties.
Job Corps students are considered employees of the federal government for purposes of medical
coverage under the Federal Employees' Compensation Act (FECA). Section 8143 of FECA
states, "While students are enrolled in Job Corps, students are considered employees of the
federal government for purposes of medical coverage under FECA. The `performance of duty'
does not include an act of an enrollee while absent from his assigned post of duty, except while
participating in an activity (including an activity while on: pass or during travel to or from the
post duty) authorized by or under the direction and supervision of Job Corps."
There is no provision stated or implied in the Act that employers must provide additional
insurance coverage for federal employees, While students are assigned to the work site, the WBL
coordinator is responsible for monitoring and working closely with the students and employers to
provide training, weekly evaluations, and conflict resolution. The WBL employer should be
advised to report all accidents and injuries that occur during the "performance of duty" directly
to the center director or WBL coordinator. In the event a student is.injured while assigned to a
WBL site, the student is covered under FECA. W13L employer shall record the incident in
accordance with their established injury record keeping system and report the incident to the
WBL coordinator.
There are no specific general industry Occupational Safety and Health Administration (OSHA)
standards for accident investigation. However, Job Corps centers are required to conduct
accident investigations in the event of a fatality, major property damage or injuries, including
serious injuries resulting in hospitalization in accordance with 29 CFR 1960.29, `Basic Program
Elements for Federal Employees OSHA." In the event of a student fatality or serious injury, the
work site and the WBL coordinator are responsible for contacting OSHA and the Job Corps
center within 8 hours. Job Corps and the work site should conduct an accident investigation to
determine the root cause in order to implement corrective actions to prevent future occurrences.
The work site employer, Job Corps center, or Sovereign Nation is required to provide immediate
Page 1 of 4
access to OSHA Inspectors after an incident. (OSHA Act of 1970, Sec.B Inspections,
Investigations, and Recordkeeping)
Work -Based Learning Agreements
Job Corps center agrees to:
1) Request a copy of the WBL site's last federal and/or state OSHA inspection to
review violations. WBL coordinator will contact site to determine if the identified
hazards have been abated;
• If site refuses to provide copy of inspection results, center WBL
coordinator will obtain general inspection and/or accident inspection data
from the federal OSHA website at
http://www.osha.gov/oshstats/ dU.html or the state OSHA website.
2) Monitor all active WBL sites at least monthly to ensure that students are receiving
quality training in a safe environment. Center instructors, safety officer(s), and
other staff shall visit active work sites on a regular basis to:
• Observe and counsel students;
• Observe working environment for potential hazards;
• Observe students' use of safety work practices including use of proper
protective equipment;
• Ensure that the training needs of the students are being met; and
• Determine, in collaboration with the work -site supervisor, what on -center
activities might be needed to support training at the work site.
3) Implement a process for notifying the employer in the case of student absence
(i.e., winter/summer break, unexpected student absence, center function);
4) Record all accidents and injuries in the Employees Compensation Operations and
Management Portal (ECOMP) within 7 days of supervisor notification;
5) Record and report all serious injuries or illnesses within 24 hours to the ECOMP
coordinator, local Director and local safety manager;
6) Implement a process for notifying the employer of potential safety hazards
identified by students and/or center staff,
7) Coordinate with the employer to conduct an investigation of accidents resulting in
serious injuries and/or fatalities involving Job Corps students;
8) Document and record student WBL assignments and progress.
Page 2 of 4
A
WBL employer agrees to:
1) Provide the center WBL coordinator with a copy of the latest federal and/or state
OSHA inspection results upon request;
2) Provide direct supervision and workplace mentors to students;
3) Assist students in achieving agreed upon career technical and academic skills;
4) Document student achievements and competencies;
5) Provide center safety officer or other staff with routine escorted or unescorted
access to student work areas to observe workinghraining conditions;
6) Adhere to all federal and state laws and regulations regarding employment and
applicable safety and occupational health;
7) Coordinate with Kovin Gebo, center safety officer, to conduct an investigation of
accidents resulting in serious injuries and/or fatalities involving Job Corps
students;
S) Provide the Occupational Safety and Health Administration (OSHA) with
immediate access to the worksite in the event of a student fatality or serious injury;
9) Provide all equipment, tools, and personal protective equipment and clothing
needed to perform the assigned duties that would normally be provided to
employees;
10) Inform the Center Director, or designee, of all accidents and injuries within 24
hours;
11) Adhere to the provisions of the Fair Labor Standards Act if an employment
relationship exists between the employer and the student;
12) Report all accidents, damage, loss or destruction of property, or emergency
immediately to Suzanne Schaeffer, Center Director/designee, at Inland Empire Job
Cors in order to provide a detailed report.
This contract is subject to the Equal Employment Opportunity and Affirmative Action requirements set forth in 41 CFR Part 01.4(a) (equal
opportunity)l, 41 CFR part 60.75o.S{a) (covered veterans}, 41 CFR Part 60-741.5(a) (Endividuals with disabilities) and the Notice Clause of
Executive Order 13496 regarding Employee Rights under the National tabor Relations Act (NLRA) (29 CFR Part 471, Appendix A to Subpart A).
Additionally, the contractor shall not discriminate against any employee based on dlsabiRty status, age, sexual orientation, gender identity,
veteran status, political affillation, or marital status.
Page 3 of 4
This contractor and subcontractor shall abide by the requirements of 41 CFa g3 60-Lil(ai, fi0 300.b(a) and 60-741.5(a) These regulations
prohibit discrimination against qualified individuals based on their status as protected veterans or Individuals with disabilities, and prohibit
discrimination against all individuals based an their rate, color, rellglon, sex, sexual orlentation, gender Identity, or national origin.
Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance In
employment individuals without regard to race, color, regglon, sex, sexual orientation, gender Identlty, national origin, protected veteran
status ordlsability.
Center Director: _
WBL Coordinator:
Center Safety Officer:
Company CEO/Designee:
Company WBL Supervisor.-
Company
upervisor:Company Safety Officer:
Page 4 of 4
Date:
Date:
Date:
Date:
Date:
Date:
I To:
From: Annette May, Work Based Learning Coordinator
11 Date;
Subject: Performance Evaluation for
Trainee Name
As part of our monitoring system for trainee progress, we have a Performance Evaluation Panel with each
trainee every two months. Thls trainee will have an evaluation and we need input from you as to their
progress working under you. Please take the time to fill out this evaluation and review it with the trainee so
they may have an understanding of their performance with you. Thank you for your participation in our Work
Based Lea mIng Program
1= Unacceptable 2 = Below Average 3 = Average 4 = Above Average 5 = Exceptional
1. Appropriate workplace attire & language❑
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Arrives to work on time
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3. Problem solving J critical thinking
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5. Workplace relationships and ethics W_
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8. Interpersonal skills
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13. Customer Service — _— —
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Please add comments that reflect the evaluation here:
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WBL ATTENDANCE SIGN IN SHEET
FAX TO: 909.473,1517 AND 909.887.3247
BY 8:30AM EVERYDAY
UA TIME•--MINl�E, NRiIiI '
TRAWEE.SIGOATURE' SUREIi�lISORSIGMATIJRE . ,
City of San Bernardino
VOLUNTEER RELEASE & WAIVER OF LIABILITY 8yBew Ill,
Required by the City of San Bernardino for all volunteers.
Please read carefullyl This is it legal document that affects your legal rights.
I want to participate in volunteer activities for the City of San Bernardino, henceforth referred to as City. As a City volunteer, I
freely, voluntarily, and without duress execute this Release and Waiver under the following terms:
1. Assumption of Risk. I understand that my work for the City may include activities that are hazardous and/or physically
strenuous and that I may be exposed to personal injury or damage to my property as a result of my activities, the activities of
other persons, or the conditions under which my services are performed while participating in City volunteer activities.
Though the City will provide me with support, supervision, training, and supplies to accomplish assigned tasks, I agree to the
following:
■ ❑ 1 will follow all instructions provided by the City, its employees, or volunteer coordinators.
■ ❑ I will only use equipment that I know how to operate and use safely.
■ ❑ I will not undertake any activity for which I do not feel sufficiently prepared or able and until 1 have received instructions.
■ ❑ I will take all reasonable precautions to avoid injury to myself and to others and damage to property.
■ ❑ Finally, I agree to assume the risk of injury or harm and release the City, its officers, directors, employees, and other
City volunteers from all liability for injury, illness, death, or property damage arising from my work as a volunteer.
2. Waiver and Release. I hereby release and forever discharge and agree to indemnify, protect, defend and hold the City, its
elected officials, boards, commissions, officers, agents and employees free and harmless from any and all claims, liabilities,
losses, liens, damages, costs and expenses resulting from injury or death of any person or persons' -pro party damage or that
may arise out of my work as a volunteer. I understand that this release discharges the above entities from any liability that
may result from my work whether or not caused by the negligence of the City.
3. Medical Treatment. I release and discharge the City from any claim that arises or may arise due to any first aid, medical
treatment, or service rendered to me.
4. Insurance. The City does not have responsibility for providing any health, medical or disability insurance coverage for me.
IT IS MY RESPONSIBILITY AS A VOLUNTEER TO ENSURE I HAVE MEDICAUHEALTH INSURANCE.
❑ I understand that if I drive my personal vehicle for City business while volunteering, I must have a valid driver's license and
proof of auto insurance.
5. Photographic Release. I grant to the City the right to use photographic images and video or audio recordings of me that
are made by the City or others during my volunteer work for the City.
6. Duration of Release. My agreement to the terms in this Release & Waiver applies as long as I volunteer for the City.
7. Other. I agree that this Release and Waiver is intended to be as broad and inclusive as permitted by the laws of California
and that this Release and Waiver is governed by and will be interpreted according to the laws of California. I understand that
should any part of this Release and Waiver be ruled invalid by a court, the other parts will remain valid and continue to be in
effect.
f certify that f am at least eighteen (18) years of age or have had this document signed by my parent or guardian.
PRINT Adult's Name
Street Address
City, State, Zip
If consenting for a minor, print name(s) on lines above and below
Telephone
E-mail Address
Signature Date Emergency Contact Telephone