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HomeMy WebLinkAbout16-City Administrator 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: o Adopt Resolution. *t- S."",,," Contact person: Fred Wilson Phone: 5122 Supporting data attached: Yes Ward: FUNDING REQUIREMENTS: ., {.. (TV Amount: ' Source: (Acct. No.! 001' IOl - 5"J/SO IAcct. DescriPtion) Finance: r '" Q. ,,1)_ l/"'"-"'Ir-/~ Oil Notes: A~enda Item No. /~ dlI CITY OF SAN BERNIQDINO - REQUEST FOI COUNCIL ACTION c o o 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. o o o - o o 1 RESOLUTION NO. 2 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. 3 4 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON 5 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 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. 11 SECTION 2. The parties desire now to revise said Agreement 12 to add subparagraph (4) to Section 9, sub-section (b) to read as 14 13 follows: 15 16 17 18 "(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 22 23 24 25 26 27 28 length. SECTION 4. / / / / / / / / / / / / Resolution No. 87-303 is hereby repealed. DAB/ses/student.res September 27, 1990 1 o o o 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o 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. 2 3 4 I HEREBY CERTIFY that the foregoing resolution was duly 5 6 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: 7 Council Members: AYES NAYS ABSTAIN 8 9 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 2 o o o o o .NP "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: paqe 1 of 6 o o o o o 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 Page 2 of 6 o o o 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: o d. o 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)). Paqe 3 of 6 o o o 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. j. o 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 c:; Page 4 of 6 o o o o o (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. Page 5 of 6 f o o o o o 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) paqe 6 of 6