HomeMy WebLinkAbout46-Mayor's Office
~ -- -..... --
From:
I~ayor Evlyn Wil cox
~\ayor' s Office
'-'
REC'O....ADM\Ifm~U;.
rJE7 IrJG 23 t.:'; ~j 'J~,
--
Agreement with
University/San
Student Intern
California State
Bernardino, for a
Program
Dept:
Date: August 28, 1987
Synopsis of Previous Council action:
None
Recommended motion:
Adopt Resolution
/f~~_~~"~A~
Si~lure
Contact person:
Richard Bennecke
Phone:
5204
Supporting data attached:
Yes
Ward:
FUNDING REOUIREMENTS:
Amount: To be determined
Source: (ACCT. NO.) \
(ACCT. DESCRIPTION)
Finance:
Council Notes:
15.0262
Agenda Item No. 4~,
~ ,
. .
"".
-
-
- REQUEST FOR COUNCIL ACTION
--"
CITY OF SAN BERNARDINO
STAFF REPORT
California State University, San Bernardino, recently received a funding
grant from the State of California in the amount of $55,000 for the pur-
pose of establishing a community-based Workstudy Student Internship
Program. The Program is based on an employer providing a student with
up to 20 hours of work per week. The Program is set up to reimburse the
employer 70% of the student's wages. Currently, the City has budgeted
$2,000 for student intern program funding. If an additional $3,000 could
be appropriated, for a total of $5,000, the City could receive an additional
$11,500 (70% match) for a total of $16,500.
Since the hiring freeze is in effect, additional student help for short
term projects could benefit the City in accomplishing project objectives.
Your consideration of this request is greatly appreciated.
.. ,
.
"-"
'-...1'
1
RESOLUTION NO.
RESOLUTION OP THE CITY OP
AGREEMENT WITH CALIPORNIA STATE
3 STUDENT INTERN PROGRAM.
4
5
SAN BERNARDINO APPROVING AN
UNIVERSITY, SAN BERNARDINO, FOR A
2
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OP THE CITY
OF SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. The City of San Bernardino is interested in
7 entering into an agreement with California State University, San
8 Bernardino, for the purpose of establishing a Student Intern
9 Program for the University's Work Study Program.
10 SECTION 2. The Mayor of the City of San Bernardino is
11 hereby authorized and directed to execute said agreement in a
12 form which is attached hereto, marked Exhibit "An, and
13 incorporated herein by reference as fully as though set forth at
14 length.
15 I HEREBY CERTIFY that the foregoing resolution was duly
16 adopted by the Mayor and Common Council of the City of San
17 Bernardino at a
18 the day of
meeting thereof, held on
, 1987, by the following
19 vote, to wit:
20
AYES:
Council Members
21
22 NAYS:
23 ABSENT:
24
25 City Clerk
26
27
28
8-27-87
1
.. ,
.
,/
..... ...
1
2 of
The foregoing resolution is hereby approved this
day
, 1987.
3
4
5 Approved as to form
and legal content:
6 ~ I
7 #'~ ? fi:;,~
8 r y Attorney
IJ
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
8-27-87
Mayor of the City of San Bernardino
2
-, ~ .,
t
, ,
,_. .J
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
, hereinafter called "Employer"
providinq work to students eliqible for the
State Work-Study Proqram.
for the
a
purpose of
California
Institution has received a qrant from the California Student
Aid Commission pursuant to Education Code Section 69950 et ~.
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
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'e
eligibility to participate and Employer's willingness to comply
with all of the proqram's requirements and containinq the
responsibilities of the parties.
Therefore, Institution and Employer in consideration of the
covenants contained herein aqree as follows:
1. Employer confirms that it is eliqible 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 orqanization or corporation, whether
nonprcfit or profit-seekinq 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 Stud nt Aid Commission
(EC 69954).
2. Employer shall submit to Institution an Employer Assiqnment
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 II .
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 activlties 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
Page 2 of 6
! '>;.' "
'.
,
;-,
'-
,,",../
c. Displace workers currently employed by
Employer, or impair existing contracts tor
services. No position tilled by a work-etudy
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 E&ployer. 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
I'~ .
,. .
',..->,
,-,.....
f. No~ 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
(Ee 69960(i)).
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 (EC 699S8(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
etudents 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 reimbursement from state work-study funds
held by Institution only for wages
(1) actually paid to state work-study students
determined eligible by Institution; and
Page 4 of 6
~ .
. ,
"-.^,
.......
(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 reimbursment under this
Agreement; or for commissions, bonuses, or
other epecial compensation paid the
students: or for wages earned or paid but
not reported to Institution by the
deadlines set by Institution.
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 which
may be in any way connected with the performance of thie
Agreement.
12. The Employer, and any agents and employees of Employer, in
the performance of this Agreement, shall act in an independent
capcity 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 thie
Agreement sh~ll be employees of Employer and shall not be
apprentices, empl~yees, 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
" Ii ..0' ,
"," --.
.......,..-
-
""'"
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.
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 quintiplicate the day and year first above written.
INSTITUTION
EMPLOYER
By
By
(Date)
(Date)
Page 6 of 6