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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