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HomeMy WebLinkAbout72-119` 22esolufion 1tESOLiJTION APPROVING AGREEMENT AND AUTHORIZING THE CHATRMAN OF THE BOARD OF SUPERVTSORS TO EXECUTE ON BEHAT.F OF THE COUNTY OF BUTTE NOW, THEREFORE, BE IT RESOLVED that the County of Butte approves the attached Agreement between the State of California Department of Human. Resources Development and the County o~ Butte (Community Work-Expar~ence Program) and hereby authorizes the Chairman o~ this Board to execute said Agreement on behalf of the County of Sutte. PASSED AND ADOPTED by the Butte County Board ot Supervisors this 1'8th day of _~~~, 1972, by the follow- ing vote: AYES: S:upervisorss Dou~hit, I~add, Ma~d~igan, Maxon and' C'hairman Gi 1:man o NOES: Nona= ABSII~TT: None< NOT VOTING: None: ATTEST: CLARK A, NIIaSON, County Clerk and ex-off9.cio Clerk of the Board By~~.~ G J~~ AGREE' ~T B~TLTEEN THE STAT~ OF C~ _FORNIA DEPARTM~.N'i -0F HUMAN RESOURCES DEVETAPi~ilc~N`T, AND THE, COUNTY OF l3UTTE • 1 2 3 4 ~ 6 7 8 ~ 9 10 I 11 12 13 14 15 16 17 18 19 20 ~ 21 '22 23 24 25 26 CONIrIUNITY WORK-EXPERIENCE PROGRAM ~E3IS AGREEMEATT is by and between the State of California through its Department of Hu.man Resources Development (hereinafter called "the Depa~tment") and the County of Butte , (hereinafter called "the User'Agency"). This Agreement is entered znto to establish a project pursuant to the Community Work Experience Program4 - THE PARTIES AGREE: ~.o This Agreement shall commenee on and continue until terminated upon ten (10) days' written notice by either party or u~.ti1 the termination of the Community Work E~:perience Frogram (CW~P), ~ 20 ~he Department will designa~e and refer to the User Agency AF'DC recipients participating in the CWEP (hereinafter referred to as "participants"), The User Agency reserves the righ~ to return to the Department recipients for whom no suitable work activities are availableo The Department retain,s the right to withdraw a participant from the p~cojecto 3, The User Agency sha11 provide temporary worlc-experience acrivie'ies~wh.ich meet the standards set forth in paragraph ~ vf this Agreemento 4o A CWEP activity must: ao Accomplish a useful public purposeo bo MeEt applicable health and sa£ety standards, z 2 3 4 ~i 6 7~ 8 • 9 10 11 12 13 14 '15 16 17 , 18 ~9 I 20 21 22 23 24 ~' 25 26 ~ c, Utilize, to the extent possib7.e, ~he participant's prior training, experience and skillse d, Not be covered by a collective baxgaining agreementa ep Not result in displacement of persons currently employed or in the filling of established unfilled posi.tion. vacancieso • ~'o Not requa.re participant, without his consent, to remain away ~rom home overnight or to travel an unreasonable distance ~rom homea b g, No~ require a participant to work: (1) In excess of eight_hours during any one calendar day, ~ (2) In excess ot eighty hours during any cal.endar month, (3) For-.a period of time which, in compai~ing atnount of grant received to the tc4a1 hours worked, would ' resvlt in a wage computation less than either state o~ federa~ minimum wage, whic~ever is highero ho' Not result a.n the fzlling of a v~acaz~cy due directly to a strike, lockout, or other labor disputeo io Not require as a condition of accepting the work ~ experience ac~ivi~y or con.tinuing in the work experience activity, the participant to.join a company_.uriion or to resign from or refrairc from 3oining anq bona fide 1.abor organization, 5, The User Agency shall arrange for warkmen's compensation ~ .coverage for parta.cipants, and shall provide supervision, , materials, space, equipment.an.d necessary safety instruction _ 20 1 2 ~ 4~1 5 6 7 8 9 10 11 12 13 14 15 16 17 is ~.9 zo 21 22 23 24 25 26 and equ~pmen~, ~e Use~ Agen~y shall be required to pay the nonpf ederal share of ~aorkmen's compensation premium, 6o Pa~ticipants are entitle8 to reimbursement for ou~-of-pocket expenses for transportation, in accordance with s~an.da~ds set by the S~ate Depaxtment o~'. Social Welfare and as publishe~ in Title 22, Ca~ifiornia Administrative Code, If the County Department of Social Welfare responsible for , payment of the participants' we~.fare benefits provides ~ transportata.on or pays the actual cost, the User Agency sha11 reimburse the County Depar~ment of Social Welfare the non-federal share of the actual .cost af transpor~a~ion or of payments to participan~s pursuant to this claused if the User .Agency provxdes participants ~ith transportation or pays the actual cost, ~he User Agency sha11 receive from the Count Depar~tment of Social Welfare the federal share of the cost of transpo~.tationo , 7o The User Agency shall keep a~ecord of attendance on forms provided by the Depar~ment and will forward the ~orms to the Department as required, 8; The Department has the right to Qbserve and mointer a11 projec~ a~tivities, 9o This Agreement ~s subject ~o Title VI of the Civi.l. Rights , Act o~ 1964 and the regulations issued under that title and that any service, tinanca.al aid or other benefi~s to be pro- v~.ded under this Agreement shall be provided without dis- 3. 1 I 2 ' 3 4 fi 6 7 S 9 10 1Z 12 13 14 15 16 17 18 ~9 20 2~ 22 23 24 23 2s crimination because of race, colofi~ relig~on, an~estry, sex or national origino ~ 10, The State of California through its Department of Human Resaurces Development, shal~ indemnify, defend and save harmless the User Agency to the extent that the Department ~egally could do so and subject to avaflabi~ity of funds from any liability and for a11 claims or losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the officers, agents, and employees o~ the Depa~ment in ~he performance of ~his Agreemento 11, The Usex Agency sha11 indemnify, defend and save harmless the Department from any liabilifiy and for all claims o~ losses accruing or resulting to any person, firm or~corporation who may be injured or damaged by the officers, agents and employe of the User A~ency in the performance of this agreement, I2, The User Agency sha11 indemnify, defend and save harmless the S~ate o~ CaXifornia its otficers, employees and servants from any lxability imposed by law for any action of or failure ta act by participants while part~cipating in CWEP ac~iv.ities for the Use~ Agency¢ i3o No alteration or variation af the terms of this Agreement . ~ shall be valid unless made in writing and signed by the parties hereto; there are no ora1. understandings or agree- ' ments not incorporated herein.; and no alterations or ' variati.ons of the i:erms tierenf sha11 be binding an any party hereto un3.ess made in writing betwe~n ~he parties heretoo ~+, 1 14, No garty to this Agreement shall,'on the basis of this 2 Agreemen~, encumber or in any way contract on beha~.f of or 3 in the name of any other par~y to this Agreemento ~4 15o Any information regarding the participants referred to the S User Agen.cy is confidential and shall not be made public 6 except as provi.ded by Chapter 5(commen~ing with Section 7 10850) of Part Z of Division 9 of the Wel£are and Insti~u~ion 8 Code, " 9 1.6o This Agxeement may not be assigned by th e User Agency, and 10 any attempted assignment sha11 render this Agreement sizbject II to termination by the Departmento 12 17o The User Agency and ~he agents and employees of User Agency 3.3 in the performance o~ this Agreement shall act in an indepen~ 14 dent capacity and not.as officers or employees or agents o~ 15 the State of Californi.ao 16 i8, A11 notices herein provi.ded to be given, or whi.ch may be ~,q given, by either party to tkze ather, sha11 be deemed to have lg been fully given wh.en made in writing and deposited in the 19 Ut~ited 5tates mail, certified and postage prepaid, and 20 addressed as follows: To the User Agency at the address 2Z indicated below and to the D~partment of Human R~sources . g~ Dev'elopment, $00 Capitol Mal1, Sacram~nto, California 958J.4, 23 Nothing herein contained shall precl.ude the giving of any 24 such written notice by personal serviceo The address to whic 2g notic~s shall be mailed as aforesaid to either party may be 26 changed by written notice given by~such party to th.e other, 5, ~ 2 3 4 6 6 7 8 • 9 10 lI 12 13 7.4 Z5 16 17 18 ~9 20 ' 2I 22 23 24 25 26 as hereinbefore providedo ZN WITNESS G7~iE12~OF, this Agreem quadruplicate, by and between the pa Dated: ress • Te ep one num er 6, =_nt has been executed in =ties hereto, -EPARTTIENT Signature Type o~ rin~ Name Tit e oc~ ' 0 a.ce ress Te ep one num er . ~ : ,. . _:-... ~~ ~ , Chairman of the Boa.rd; Count of Butte Tit e