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CITY OF SAN BERN~DINO - REQUEST FQ. COUNCIL ACTION
FO
Dept:
Shauna Edwins
City Administrator
City Administrator
Subject: Amendment to the Agreement with
California State University San
Bernardino for a student intern
program.
Dam: September 20, 1990
Synopsis of Previous Council ection:
09/08/87 -- Adopted Resolution No. 87-303 and entered into an
agreement with California State University, San Bernardino
to establish a Student Intern Program for the University's
Work Study Program.
Recommended motion:
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Adopt Resolution.
*t- S."",,,"
Contact person: Fred Wilson
Phone:
5122
Supporting data attached:
Yes
Ward:
FUNDING REQUIREMENTS:
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Amount: '
Source: (Acct. No.! 001' IOl - 5"J/SO
IAcct. DescriPtion)
Finance:
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Oil Notes:
A~enda Item No.
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CITY OF SAN BERNIQDINO - REQUEST FOI COUNCIL ACTION
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75-0264
STAFF REPORT
On September 8, 1987, the City entered into an agreement with
California State University, San Bernardino, for the purpose
of establishing a Student Intern Program for the University's
Work Study Program.
This program has continued successfully from that time
providing the City with capable interns completing various
degrees in Public and Business Administration fields to
assist in research, development and analysis of programs and
issues within various City departments as well as giving the
interns valuable "hands on" experience in municipal
government.
The cost of hiring these interns is minimal as the University
~imburses the City for 70% of the interns' wages. The
amendment attached for your consideration contains additional
language clarifying the conditions under which the City can
and cannot be reimbursed.
Staff recommends approval of the amendment.
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RESOLUTION NO.
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RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A
REVISED AGREEMENT WITH CALIFORNIA STATE UNIVERSITY OF SAN
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
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13 follows:
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"(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."
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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length.
SECTION 4.
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Resolution No. 87-303 is hereby repealed.
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
Bernardino at a
meeting thereof, held on the
day of
, 1990, by the following vote, to wit:
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Council Members:
AYES
NAYS
ABSTAIN
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ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
of
The foregoing resolution is hereby approved this
, 1990.
day
Approved as to
form and legal content:
W. R. Holcomb, Mayor
City of San Bernardino
JAMES F. PENMAN,
C7jtto=e'
By: . ~ 1- R:~
v
DAB/ses/Student.res
September 27, 1990
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"EXHIBIT A"
CALIFORNIA STATE WORK-STUDY PROGRAM
OFF-CAMPUS AGREEMENT
THIS AGREEMENT is entered into this ___ day of , 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 al1:encv ,hereinafter called "Employer" for the
purpose of providinq work to students eliqible for the
California State Work-Study Proqram.
Institution has received a qrant from the California Student
Aid COllllission pursuant to Education Code Section 69950 ~ sea.
hereinafter called the "Act." The purpose of the qrant is to
provide eliqible university students with the opportunity to
earn money to help defray their educational costs, while
qaininq valuable experience in educationally beneficial or
career-related employment. To the maximum extent practical,
the employment will complement and reinforce the educational
proqram or career interests of each student receivinq such
assistance.
Employer desires to participate in this proqram which requires
in Section 69958(b) a written aqreement confirminq Employer'S
eliqibility to participate and Employer'S willinqness to comply
with all of the proqram's requirements and containinq the
responsibilitiei of the parties.
Therefore, Institution and Employer in consideration of the
covenants contained herein aqree as follows:
1. Employer confir.s that it is eliqible to participate as an
employer of students in the California State Work-Study proqra.
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 orqanization or corporation, whether
nonprOfit or profit-seetinq enterprise licensed to conduct
business in california: or (4) an out-of-state e.ployer
licensed to conduct business in its home state, which has
received the prior approval of the Student Aid Coaaission
(EC 69954); or (5) other public non-profit agencies.
2. Employer shall submit to Institution an Employer Assiqnment
Form which shall provide the followinq information:
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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 und.r the Act to
participate in the program. The Institution
shall b. the sole arbit.r of student
eligibility and n.ed (EC 69956).
4. Employer may int.rview prosp.ctive work-study ..ploy....
Institution shall provide Employer and each applicant for the
work-study position with adequate inforaation to facilitate a
proper placement. After the interview, Employer .ay indicat.
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 .hall utilize the services of students who are
referr.d to Employer by Institution and who Institution has
deter.ined are .ligible to participate in the California Stat.
Work-Study Program,
6. The work performed by the students shall be educationally
beneficial relating to the .tudents' course of study or shall
be relat.d to particular care.r interests, or the exploration
of car.er options and shall be consistent with the purposes and
requir.ments of the Act (EC 69959(a), 69960(a)).
7. The work performed by the students shall not:
a. Be r.lated to the activities of any s.ctarian
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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Displace workers currently employed by
Employer. or impair existinq contractl for
services. No position filled by a work-study
student shall have been occupied by a reqular
employee durinq the current or immediately
precedinq 12 months (EC 69960(c)).
d. Violate any applicable collective barqaininq
aqreement. or fill any vacancies due to a labor
dispute (EC 69960(d)).
c.
8. Employer shall:
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a. Reasonably supervise the services of students
participatinq in the state work-study proqram
(EC 69960(h)).
b.
Pay students at a rate comparable to that paid
for comparable positions of Employer. If
Employer has no comparable position, tbe
student Ihall be paid at a rate comparable to
tbat paid by otber orqanizationl in tbe field
of work involvinq comparable duties and
responsibilities. The position shall be
compared on tbe basis of tbe nature of the work
performed and tbe backqround and Ikills
required for tbe position, and not upon tbe
employee's part-time or Itudent Itatul
(EC 69960(e)). In no event Iball tbe student
be paid lesl tban tbe current federal minimum
waqe.
c.
Pay studentl, not lell often tban monthly, tbe
waqes earned by the Itudents durinq tbe pay
period. Employer Iball comply witb all lawl
reqardinq its employees includinq payment of
F.I.C.A. taxel.
Not allow any Itudent'l bourl of employment to
exceed an averaqe of 20 hours per week wbile
classes are in session or 40 bours per week
when classes are not in session
(EC 69960(f)).
e.
Not allow any student's earninqs to exceed tbe
amount of student's eliqibility as determined
by Institution. If Employer permits a student
to earn moniel in exc~11 of the amount for
whicb student il eliqible, Employer shall pay
all of student'l earninql in excess of
student's eliqibility (EC 69960(q)).
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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)).
O. 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 workino
relationship.
i. Provide workers' compensation insurance at
Employer's own cost and expense for all
students employed pursuant to this Aoreement.
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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 (EC 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 desioned 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 reim~ursement from state work-study funds
held by Institution only for wages
(1) actually paid to state work-study students
determined eligible by Institution: and
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(2) properly documented as provided in paragraph 9-a;
and
- 131 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.
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13. No alteration or variation of the terms of this Aqreement
shall 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 Kmployer either in
whole or in part without the written consent of the Institution.
15. Institution may terminate this Aqree.ent and be relieved of
its obliqations with reqard to Kmployer hereunder should
Employer fail to perform the covenants herein contained at the
time and in the .anner 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 Kaployer 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 WITNKSS NHERKOP. the parties hereto have executed this
Aqreement in quintiplicate the day and year first above written.
INSTITUTION
IDO'LOY!:R
Calif. State Univ., San Bernardino
By
By
(Date)
Position Title
(Date)
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