HomeMy WebLinkAbout1993-245
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RESOLUTION NO. 93-245
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN
AGREEMENT WITH CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO, FOR A
3 STUDENT INTERN PROGRAM AND REPEALING RESOLUTION 87-303.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
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6 entering into an agreement with California state University, San
SECTION 1.
The City of San Bernardino is interested in
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Bernardino,
for the purpose of establishing a Student Intern
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Program for the university's Work Study Program.
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SECTION 2. The Mayor of the city of San Bernardino is hereby
authorized and directed to execute said agreement in a form which
is attached hereto, marked Exhibit "A", and incorporated herein by
reference as fully as though set forth at length.
SECTION 3. Resolution No. 87-303 is hereby repealed.
SECTION 4. The authorization to execute the above amendment
to agreement is rescinded if the parties to the amendment fail to
execute it within sixty (60) days of the passage of this
resolution.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
19th
day
meeting thereof, held on the
Bernardino at a
reaular
.Tnly
, 1993, by the following vote, to wit:
of
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2611111
27 I I I I I
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7 OFFICE VACANT
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16 Approved as to form
and legal content:
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RES 93-245.
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RESOLUTION AUTHORIZING AGREEMENT WITH CAL STATE FOR WORK STUDY
INTERN PROGRAM.
1
2 Councilmembers AYES NAYS ABSTAIN ABSENT
3 NEGRETE x
4 CURLIN x
5 HERNANDEZ x
6 OBERHELMAN x
POPE-LUDLAM
x
MILLER
x
~~ UtVLk.,
City Clerk
The foregoing resolution is hereby approved this ~~6 day of
.'nly , 1993.
~;fi&J/~
Tom Minor, Mayor
City of San Bernardino
JAMES F. PENMAN
City Attorney
1, Pe
By:
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~:;> (-\3~'-\~
CALIFORNIA STATE WORK-STUDY PROGRAM
OFF-CAMPUS AGREEMENT
93 JUl 27 PM 2: 06
THIS AGREEMENT is entered into this/0'#- day of ,1Itd ,199 3,
at San Bernardino ,in the State of california, by California
State Universitv. San Bernardino ,hereinafter called
"Institution" and (!./ /'f l);::- ,-':iff;"') E,0;CA-/,8/2I'VI-Jc; ,
a non-profit aqencv , hereinafter called "Employer" for the
purpose of providing work to students eligible for the California
State Work-Study Program.
Institution has received a grant from the California Student Aid
Commission pursuant to Education Code section 69950 et seq.
hereinafter called the "Act." The purpose of the grant is to
provide eligible university students with the opportunity to earn
money to help defray their educational costs, while gaining
valuable experience in educationally beneficial or career-related
employment. To the maximum extent practical, the employment will
complement and reinforce the educational program or career
interests of each student receiving such assistance.
Employpr desires to participate in this program which requires in
section 69958 (b) a written agreement confirming Employer's
eligibility to participate and Employer's willingness to comply
with all of the program's requirements and containing the
responsibilities of the parties.
Therefore, Institution and Employer in consideration of the
covenants contained herein agree as follows:
1. Employer confirms that it is eligible to participate as an
employer of students in the California State work-Study Program
since it is either (1) a public postsecondary educational
j_n5Zti+:1'ti~!1: (2) 11 ruh1it'! !C&~ht='H~l npF!!ratAd by a sehool dig~T.ict.r
county superintendent of schools, the State Department of Youth
Authority, or the State Department of Education; or (3) a
nonsectarian, nonpolitical organization or corporation, whether
nonprofit or profit-seeking enterprise licensed to conduct business
in california; or (4) an out-of-state employer licensed to conduct
business in its home state, which has received the prior approval
of the Student Aid Commission (EC 69954); or (5) other public non-
profit agencies.
2. Employer shall submit to Institution an Employer Assignment
Form which shall provide the following information:
Page 1 of 6
. RES 93-245
A. The total number of positions available;
b. A job description of each available position, including
the suggested rate of pay;
c. The skills required of the prospective work-study
employee;
d. The educational benefits provided by the position.
69958 (a))
Institution shall critically review
(EC
3.
a. Each proposed position to determine whether it satisfies
all the requirements of the Act. Institution may approve
or disapprove positions as, in its discretion, it deems
appropriate (EC 69958(a)).
b. Each student applicant to determine the applicant's
eligibility under the Act to participate in the program.
The Institution shall be the sole arbiter of student
eligibility and need (EC 69956).
4. Employer may interview prospective work-study employees.
Institution shall provide Employer and each applicant for the work-
study position with adequate information to facilitate a proper
placement. After the interview, Employer may indicate its hiring
preference. with the recommendation of Employer, Institution shall
assign the student to the position following the priorities
provided in the Act (EC 69958(c), 69959).
5. Employer shall utilize the services
referred to Employer by Institution and
determined are eligible to participate in
work-study Program.
6. The work performed by the students shall be educationally
beneficial relating to the students' course of study or shall be
related to particul.ar career interests, or the exploration ot
career options and shall be consistent with the purposes and
requirements of the Act (EC 69959 (a), 69960 (a)).
of students who are
who Institution has
the California state
7. The work performed by the students shall not:
a. Be related to the activities of any sectarian
organization (EC 69960 (b) ) ; or
b. Be related to the activities of any partisan or
nonpartisan political activities (EC 69860 (b)) ; or
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RES 93-245
c. Displace workers currently employed by Employer, or
impair existing contracts for services. No position
filled by a work-study student shall have been occupied
by a regular employee during the current or immediately
preceding 12 months (EC 69960 (c)), or
d. violate any applicable collective bargaining agreement,
or fill any vacancies due to a labor dispute (EC
69960 (d) ) .
8. Employer shall:
a.
Reasonably supervise
participating in the
69960 (h)) .
the
state
services
work-study
of students
program (EC
b. Pay students at a rate comparable to that paid for
comparable positions of Employer. If Employer has no
comparable position, the student shall be paid at a rate
comparable to that paid by other organizations in the
field of work involving comparable duties and
responsibilities. The position shall be compared on the
basis of the nature of the work performed and the
background and skills required for the position, and not
upon the employee's part-time or student status (EC
69960(e)). In no event shall the student be paid less
than the current federal minimum wage.
c.
Pay students, not less often than monthly,
earned by the students during the pay period.
shall comply with all laws regarding its
including payment of F.I.C.A. taxes.
the wages
Employer
employees
d. Not allow any student's hours of employment to exceed an
average of 20 hours per week while classes are in
session or 40 hours per week when classes are not in
sessio~ iEC 6596u if)).
e. Not allow any student's earnings to exceed the amount of
student's eligibility as determined by Institution. If
Employer permits a student to earn monies in excess of
the amount for which student is eligible, Employer shall
pay all of student's earnings in excess of student's
eligibility (EC 69960 (g)).
f. Not allow state work-study funds to supplant any state,
federal, or institutional funds used to support existing
paid positions for students in profit or nonprofit
organizations (EC 69960 (i)).
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RES 93-245
g. Provide a written evaluation of the performance of each
student at least annually and upon termination of each
student's employment.
h. Notify Institution of any change affecting student's
employment. The Institution shall be notified if a
student is not performing satisfactorily or if other
adjustments are necessary to effect a better working
relationship.
i. Provide workers' compensation insurance at Employer's own
cost and expense for all students employed pursuant to
this Agreement.
j. Not discriminate between applicants or employees on the
basis of race, color, sex, religion, or national origin
or subject any applicant or employee to any other
discriminatory practices prohibited by state or federal
law (Ee 69958 (c)).
9. Employer shall:
...:-
a.
Maintain and submit to Institution, not less often than
monthly, the following:
(1) Time reports stating the actual hours worked each
day by state work-study students with any other
information required on a form designed by the
Institution; and
(2) A payroll voucher identifying the period of work,
the name of each student, the hourly wage rate, the
number of hours worked, gross pay, all deductions
and net earnings, and the total state share
applicable to each payroll.
b. Claim rzinU:'Jursem2nt from state ~10=~-'St~(!y fund.s h~ld by
Institution only for wages
(1) actually paid to state work-study
determined eligible by Institution; and
(2) properly documented as provided in
paragraph 9-a; and
(3) that do not represent hours of work in excess of
the maximum number of hours subject to
reimbursement under this Agreement; or for
commissions, bonuses, or other special compensation
students
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RES 93~245
paid the students; or for wages earned or paid but
not reported to Institution by the deadlines set by
Institution.
(4) for actual hours worked by the student. The
state's share of work-study compensation shall not
include payment for vacation time, holiday pay,
sick leave, union dues, jury duty, etc.
c. Receive from state work-study funds held by Institution
reimbursement in arrears of 70 % of the total wages
which have been properly claimed pursuant to paragraph 9-
b minus a 10% administrative surcharge.
d. ~r~vlde ~ccess to its r~yroll records f~r 9t~ts vork-
study students for review or audit by Institution, the
California student Aid commission, and the state of
California. Such records shall be avail~ble for review
or audit for at least five years following the year the
information was recorded.
10. This Agreement shall be subject to the availability of funds
to Institution for that portion of the students' compensation paid
from the California state Work-Study funds. This Agreement shall
also be subject to and interpreted by the laws of California,
including the provisions of the Act.
11. Employer agrees to save harmless, defend, and indemnify the
state of california, the Trustees of the California state
university, the Institution, and the California Student Aid
commission and the officers, employees, and agents of each of them
from any and all claims, causes of action, and losses arising out
of the Employer's operations or activities which may be in any way
connected with the performance of this Agreement.
12. The Employer, and any agents and employees of Employer, in the
performance of this Agreement, shall act in an independent capacity
and not as officers or employees or agents of the State of
Califo-l"nia, ti16 T.Lustaes vi tl;.;e CalifoJ:'llia SLate u~iversiti, 'ellS:
Institution, or the California Student Aid commission. students
furnished employment by Employer pursuant to this Agreement shall
be employees of Employer and shall not be apprentices, employees,
agents, or officers of the State of california, the Trustees of the
California State University, the Institution, or the California
Student Aid commission.
13. No alteration or variation of the terms of this Agreement
shall be valid unless made in writing and signed by the parties
hereto, and no oral understandings or agreements not incorporated
herein shall be valid.
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RES 93-245
14. This Agreement is not assignable by Employer either in whole
or in part without the written consent of the Institution.
15. Institution may terminate this Agreement and be relieved of
its obligations with regard to Employer hereunder should Employer
fail to perform the covenants herein contained at the time and in
the manner herein provided. In the event of such termination,
Institution may proceed to carry out the purpose of this Agreement
in any manner deemed proper by Institution. The cost to
Institution shall be deducted from any sum due the Employer under
this Agreement, and the balance, if any, shall be paid the Employer
upon demand.
16. Termination other than for cause as provided in paragraph 15
may be effected by either party upon 30 days written notice to the
other.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
in quintuplicate the day and year first above written.
INSTITUTION
EMPLOYER
Calif. State univ.. San Bernardino
city of San Bernardino
. ?/-;7;n ;i7~~
rocurement & Support Services Officer
~.. J!uu'
By I 6/J'rL .r\.-
Tom Minor
By
s/; (-, / f '-~
, (Date)
Mayor
Position Title
fI ) ~ " t) "I
,,'" /, , 1991
(Date)
Attest:
G~ CM.-,J{
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Rachel Clark
City Clerk
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