HomeMy WebLinkAbout1990-412
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RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A
REVISED AGREEMENT WITH CALIFORNIA STATE UNIVERSITY OF SAN
3 BERNARDINO FOR A STUDENT INTERN PROGRAM AND REPEALING RESOLUTION
NO. 87-305.
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NOW, THEREFORE, BE IT RESOLVED ,BY THE MAYOR AND COMMON
5 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. On September 8 1987, the City of San Bernardino
7 adopted Resolution No. 87-303 approving an agreement with
8 California State University, San Bernardino, for the purpose of
9 establishing a Student Intern Program for the University's Work
10 Study Program.
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SECTION 2. The parties desire now to revise said Agreement
12 to add subparagraph (4) to Section 9, sub-section (b) to read as
13 follows:
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"(4) for actual hours worked by the student. The State's
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share of work-study compensation shall not include payment
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for vacation time, hOliday pay, sick leave, union dues,
jury duty, etc."
SECTION 3.
The Mayor of the City of San Bernardino is
19 hereby authorized and directed to execute said revised Agreement
20 in a form which is attached hereto, marked Exhibit "A", and
21 incorporated herein by reference as fully as though set forth at
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22 length.
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SECTION 4. Resolution No. 87-303 is hereby repealed.
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DAB/ses/Student.res
September 27, 1990
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1
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A
REVISED AGREEMENT WITH CALIFORNIA STATE UNIVERSITY SAN BERNARDINO
FOR A STUDENT INTERN PROGRAM AND REPEALING RESOLUTION NO. 87-303.
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I HEREBY CERTIFY that the foregoing resolution was duly
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adopted by the Mayor and Common Council of the City of San
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Bernardino at a ~~Uh?AC' meeting thereof, held on the
day of t/C~bc~, 1990, by the following vote, to wit:
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Council Members: AYES NAYS ABSTAIN
ESTRADA V
V .
REILLY
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FLORES v
MAUDSLEY ~.
MINOR ,,/
POPE-LUDLAM V"
MILLER V
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The foregoing resolution is hereby 17~ day
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of
() rj." !J r'R..
, 1990.
Approved as to
form and legal content:
JAMES F. PENMAN,
Citcney
By: ., k~
()
DAB/ses/Student.res
September 27, 1990
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il/ . "EXHIBIT A"
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CALIFORNIA STATE WORK-STUDY PROGRAM
OFF-CAMPUS AGREEMENT
THIS AGREEMENT is entered into this ~ay of /1~~ 19~
at San Bernardino . in the State of California. by California
State Universitv. San Bernardino , hereinafter called
"Institution" and City of San Bernardino
a non-profit agenCV ,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 ~ ~.
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.
Employer 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
institution: (2) a pUblic school operated by a school district,
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 enterpris~ 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
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. (EC 69958(a))
3. Institution shall critically review
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 of students who are
referred to Employer by Institution and who Institution has
determined are eligible to participate in the California State
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 particular career interests, or the exploration
of career options and shall be consistent with the purposes and
requirements of the Act (EC 69959(a), 69960(a)).
7. The work performed by the students shall not:
a. Be related to the activities of any sectarian
organizati~n (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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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)).
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 the services of students
participating in the state work-study program
(EC 69960(h)).
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. the
wages earned by the students during the pay
period. Employer shall comply with all laws
regarding its employees including payment of
F.I.C.A. taxes.
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 session
(EC 69960 (f)) .
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 exc~ss 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)).
Page 3 of 6
f. No~ allow state work-study funds to supplant
any state, federal, or institutional funds used
to support existinq paid positions for students
in profit or nonprofit orqanizations
(~C 69960(i)).
q. 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 chanqe affectinq
student's employment. The Institution shall be
notified if a student is not performinq
satisfactorily or if other adjustments are
necessary to effect a better workinq
relationship.
i. Provide workers' compensation insurance at
Employer's own cost and expense for all
students employed pursuant to this Aqreement.
j. Not discriminate between applicants or
employees on the basis of race, color. sex,
reliqion, or national oriqin or subject any
applicant or employee to any other
discriminatory practices prohibited by state or
federal law (~C 69958(c)).
9. Employer shall:
a. Maintain and submit to Institution, not less
often than monthly, the followinq:
(1) Time reports statinq the actual hours
worked each day by state work-study
students with any other information
required on a form desiqned by the
Institution: and
(2) A payroll voucher identifyinq the periOd
of work, the name of each student, the
hourly waqe rate, the number of hours
worked, qross pay, all deductions and net
earninqs, and. the total state share
applicable to each payroll.
b. Claim reim~ursement from state work-study funds
held by Institution only for waqes
(1) actually paid to state work-study students
determined eliqible by Institution: and
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(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 reimburse-
ment under this Agreement; or for commissions,
bonuses, or other special compensation 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 ~% of the total wages which
have been properly claimed pursuant to paragraph 9-b.
d. Provide access to its payroll records for state work-
study students for review or audit by Institution, the
California Student Aid Commission, and the State of
California. Such records shall be available 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 whi~h
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 California, the Trustees of the California State University,
the 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.
Page 5 of 6
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13. No alteration or variation of the terms of this Aqreement
shal~ be valid unless made in writinq and siqned by the parties
hereto, and no oral understandinqs or aqreements not
incorporated herein shall be valid.
14. This Aqreement is not assiqnable by Employer either in
whole or in part without the written consent of the Institution.
15. Institution may terminate this Aqreement and be relieved of
its obliqations with reqard 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 Aqreement in any manner deemed proper by Institution.
The cost to Institution shall be deducted from any sum due the
Employer under this Aqreement, and the balance, if any, shall
be paid the Employer upon demand.
16. Termination other than for cause as provided in paraqraph 15
may be effected by either party upon 30 days written notice to
the other.
IN WITNESS WHEREOF, the parties hereto have executed this
Aqreement in quintiplicate the day and year first above written.
INSTITUTION
EMPLOYER
Calif. State Univ., San Bernardino
Procurement & Support Services Officer
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