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HomeMy WebLinkAbout14- City Administrator CITY OF SAN BERK RDINO - REQUEST I )R COUNCIL ACTION From: FRED WILSON Subject: Cal State Work Study Intern Assistant City Administrator Program Dept: Date: j une 30 , 1993 Synopsis of Previous Council action: 9/87 -- Resolution 87-303 adopted authorizing a work study intern program with Cal State San Bernardino. Recommended motion: Adopt resolution. "74-, Signature Contact person: Fred Wilson Phone: 5122 Supporting data attached: yes Ward: FUNDING REQUIREMENTS: Amount: Source: _(Acct. No.) (Acct. Description) Finance: Council Notes: 75-0262 Aqenda Item No.� i CITY OF SAN BERNOIDINO - REQUEST IOR COUNCIL ACTION STAFF REPORT In 1987, the Mayor and Common Council approved an agreement with California State University San Bernardino for a student intern program on a fiscal year basis. The agreement has been operating successfully for 6 years and enables the City to place graduate and undergraduate students in City departments to gain first hand experience in fields related to their career choice. The City, in turn, receives valuable assistance on special projects and in the daily operation of their departments. The program is administered by the City Administrator's Office and the salaries of the interns are reimbursable by the State at a rate of 70%. For FY 1993/94 , the City has budgeted $2 , 000 for this program. Due to the budget crisis facing the State, for the 1993/94 fiscal year, they are reducing the rate of reimbursement from 70% to 60% through the levy of a 10% administrative surcharge. They have also added a paragraph excluding vacation time, holiday pay, sick leave etc. from the total amount eligible for reimbursement. All other provisions of the agreement remain in effect. Even with this reduction, the program is beneficial to both the student and City alike and approval of the resolution approving the amendment is recommended. 75-0264 1 RESOLUTION NO. 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. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 5 SECTION 1. The City of San Bernardino is interested in 6 entering into an agreement with California State University, San 7 Bernardino, for the purpose of establishing a Student Intern 8 Program for the University's Work Study Program. 9 SECTION 2 . The Mayor of the City of San Bernardino is hereby 10 authorized and directed to execute said agreement in a form which 11 is attached hereto, marked Exhibit "A" , and incorporated herein by 12 reference as fully as though set forth at length. 13 SECTION 3. Resolution No. 87-303 is hereby repealed. 14 SECTION 4. The authorization to execute the above amendment 15 to agreement is rescinded if the parties to the amendment fail to 16 execute it within sixty (60) days of the passage of this 17 resolution. 18 19 I HEREBY CERTIFY that the foregoing resolution was duly 20 adopted by the Mayor and Common Council of the City of San 21 Bernardino at a meeting thereof, held on the day 22 of 1993 , by the following vote, to wit: 23 24 25 26 27 28 rt RESOLUTIO: =HORIZING AGREEMENT WITI .AL STATE FOR WORK STUDY INTERN PROGRAM. 1 2 Councilmembers AYES NAYS ABSTAIN ABSENT 3 NEGRETE 4 CURLIN 5 HERNANDEZ 6 OBERHELMAN 7 OFFICE VACANT 8 POPE-LUDLAM 9 MILLER 10 11 City Clerk 12 The foregoing resolution is hereby approved this day of 13 , 1993 . 14 Tom Minor, Mayor 15 City of San Bernardino 16 Approved as to form and legal content: 17 JAMES F. PENMAN 18 City Attorney 19 By: 20 21 22 e 23 24 25 26 27 28 -2- ti CALIFORNIA STATE WORK-STUDY PROGRAM OFF-CAMPUS AGREEMENT THIS AGREEMENT is entered into this day of , 199_, at San Bernardino , in the State of California, by California State University, San Bernardino , hereinafter called "Institution" and , a non-profit agency , 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 sect. 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 acbnal 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 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. A 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 (x) ) . 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) . S. 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 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 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) ) . s. 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 sessiox, (BC 69960 (i) ) . 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) ) . Page 3 of 6 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 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 rci=b4rsement from state dory-stud= funds held by Institution only for wages (1) actually paid to state work-study students 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 Page 4 of 6 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. Provide mocess to its rsyroll records for stats study students for review or audit by Institution, the California Student Aid Commission, and the State of California. Such records shall be availdble 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 California, the "1"iLkstees of 16-Le California Sate aiV er si tY, iu@ 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. Page 5 of 6 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 By By Procurement & Support Services Officer Position Title (Date) (Date) Page 6 of 6 CALIFORNIA STATE UNIVERSITY The California SAN BERNARDINO State University June 15 , 1993 Dear State Work Study Employer: In order to help you plan for the 1993-94 Fiscal Year, I would like to make you aware of a recent change in the State Work Study program. Effective July 1 of this year, the Student Aid Commission has approved a 10% surcharge for all State Work Study placements 7 : involving students from California State University, . San Bernardino. This would mean a 60% reimbursement of student wages FINANCIAL to non-profit agencies, instead of the current 70%. For profit agencies, the new reimbursement rate would be 40%. AID This may seem harsh, but if adding the surcharge is all that the 714/880-5220 Program suffers, then we should perhaps feel fortunate. I certainly would hate to see State Work Study be eliminated altogether. In any case, one of the immediate consequences is that new contracts must be signed. To remain affiliated with the State Work Study program, please return the attached contract, once it has been reviewed and signed by your appropriate administrator. If you do not wish to continue, please call ( 909 ) 880-5225 and let me know. In closing, I want to thank you for being a part of the program thus far. I appreciate your involvement, patience and understanding for without you there would be no State Work Study program for our students. If you have any questions or concerns, please feel free to call me or write, c/o the Financial Aid Office . Sincerely, J� Joe Long Job Development Officer 5500 University Parkway,San Bernardino,CA 92407.2397