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HomeMy WebLinkAboutCalifornia State University, Long Beach - 1979-05-211. r_ Agh WORK-STUDY PROGRAM OFF -CAMPUS PROJECT AGREEKIENT THIS AGREEMENT is entered into this 24tbdayof May , 19 79 , at Long Beach , County of Los Angeles State of California, by Cali7ornxa State niversity, Long Beach hereinafter called "Institution"and __C` x of H'in ington Beach a — - - — hereinafter called "Contractor." The terms of this Agreement are as follows: Institution has received a grant from the U.S. Commissioner of Education pursuant to Title 1V, Part C, of the Higher Education Act of 1965, P.L. 89-329, as amended ,y the Education Amendments of 1972, P.L, 92-318 and the Education Amendments s 11 ,, P.L. 94-482 (see Work -Study Programs: 42 U.S.C. SS 2751-2756a], hereinafter call- A ;r " The purpose of that grant is to stimulate and promote the employment of stun. '",.tutions of higher education who are in need of the earnings from such employment to r ue courses of study at such institWions. Institution and Contractor drsire that certain of Institution's students engage in work for public and private nonprofit orga,,izations such as Contractor under the Work -Study Program authorized by the Act.: ontractor,is in a position to utilize the services of such students. Institution, in consideration for Contractor employing Institution's students as further provided for herein, as bargained foi by Institution; and Contractor, in consideration for Institution agreeing that Contractor shall receive the services and benefits accruing from this Agreement, as bargained for by Contractor, both agree as follows: 1. Contractor shall utilize the services of students furnished by Institution who are eligible to participate in the Work -Study Program and who are qualified and acceptable to Contractor. The specific services to be performed by said students are set forth in Exhibit "A" that shall attached to this Agreement and may be revised( from time to time. ' 2. The work perforated by said students shall be in the public interest and shall be consistent with the purposes of Title IV, Part C, of the Higher Education Act of 1965. 3, The work performed by said students shall not a. Displace employed workers, impair existing contracts for services, or replace regular employees or strike; or b. Involve political ac"jvity or work for any political party; or C. Involve the Construction, operation, or maintenance of that part of any facility used, or planned to be used. for sectarian instruction or as a place for religious worship; or d. Involve any lobbying on the federal level. 4. Contractorshail: - a. Reasonably supervise the services of students participating in the Work -Study Program and pernut reasonable supervision by a representative of Institution. b. Not allow any student to work for more than an average of 20 hours per week during periods when classes in which the student is enrolled are in session, unless otherwise authorized by the Institution, or for more than 40 hours per week during periods when classes are not in session. Contractor assumes responsibility for payment of total compensation to students for hours worked in excess of such maximum lir, itations. C. Make a report, not less often than monthly, to Institution of the time we ', , by students participating in the program, and any benefits to which they may be ei,,, `led, including Social Security coverage, where applicable: d. At such time as specified by the Institution, deposit in advance an amount sufficient to cover at least twenty pej lent of the total compensation to be paid to students particip^king in the program (plus any agreed -upon reimbursement to the Institution for costs _. administering this Agreement). Such costs shall be identified in Exhibit "B", a "Cost Estimate" that shall be attached to this Agreement and may be revised from time to time. S. Compensation to be paid to students participating in the program will be reasonable in light of the work to be performed by them. 6. Contractor agrees that no student will be denied work or subjected to different treatment under this Agreement on the grounds of race, color, national origin, sex or physical disability, and that Contractor will comply with the Civil Rights ,kct of 1964 [P.L.88-352; 78 Stat. 252], Title IX of the Education Amendments of 1972 [P.L. 92-3181, Section 504 of the Rehabilitation Act of 1973, and the Regulations of the Department of Health, Education and Welfare which implement those Acts. 7. In the selection of students for employment under this Agreement, preference shall be given to students with the greatest financial need, taking into account grant assistance provided such student from any public or private sources and that employment under such Work -Study Program shall be furnished only to a student who: a. is in need of the earnings from such employment in order to pursue a course of study at such Institution (taking, into consideration the actual cost of attendance at such institution), and b. shows evidence of academic or creative promise andcapability of maintaining good standing in such course of study while employed under the program covered by the agreement, and C. has been accepted for enrollment as a student at the Institution on at least a half-time basis or, in the case of a student already enrolled in and attending the Institution, is in good standing and in attendance there on at least a half-time basis either as an undergraduate or graduate student, and d. is maintaining satisfactory progress in his/her co:.,se of study in accordance with the standards and practices of the Institution, and .e. is riot in default on any loan made from a student loan fund at the Institution or on a loan made, insured, or guaranteed under the Guaranteed Student Loan Program for attendance at the Institution, and f. does not owe a refund on grants previously received for attendance at the Institution, and 1 g; has signed an affidavit of educational purpose, pro- vided by Institution, stating that assistance.received under the Work -Study Program will be used solely for expenses related to attendance at Institution. S. Inst-tution agrees to return to Contractor amounts deposited by Contractor which are not used for the payment of salaries or other payroll expenses of students employed by Contractor (or for agreed -upon reimbursement of.I.nstitution's costs of administering this Agreement). 9. Institution will t- responsible for: a. Determination or the need of the student in accordance with the instrrctions of the U.S. Department of health, Education and 4elfare; b. Determination of students' eligibility, academic and otherwise; C. Payment of student's salary on behalf o_ Contractor. 10. This Agreement shall be subject to Lhe availability of funds to Institution for the portion of the student's compensation not to be paid Institution by Contractor. It shall also be subject to the provisions of the Higher Education Act of 1965, as amended, the regulations adopted thereunder, as amended, and all legislavion and regulations pertaining to the Work - Study Program adopted subsequent to January 1, 1965. 11. The Contractor stall be responsible for all employee benefits and provide Workers' Compensation insurance at Contractor's own cost and expense for all students employed pursuant to this Agreement. Contractor shall furnish Institution a list of all. st :h benefits and costs, including Social Security when Such coverage is offered. 12. The Contractor, and any agents and employees of Contractor, in the pers .; w dance of this Agreement, shall act `in an in- dependent -ncity and not as officers or employees or agents of the _State of California, the Trustees of The California State University and Colleges, or of Institution. Studkats furnished employment by Contractor pursuant to this Agreement shall not be considered to be apprentices, employees, agents, or officers of the State of California, the Trustees of The California State University and Colleges, or of Institution. 13. Institution may ter:ainate this Agreement and be relieved of the payment of any consideration to Contractor should Contractor 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 II 3 purpose of this Agreement in .any manner deemed proper by Institutions The cost to Institution shall be deducted from any sum due the Contractor under this Agreement, and the balance, if any, shall be paid the Contractor upon demand. 14. This Agreement is not assignable by Contractor either in whole or in part. 1.5. Time is of the essence of each and all the provisions of t:7is Agreement, and the provisions of this Agreement shall extend to and be binding upon and inure to the benefit of the heirs, executors, administrators, successors, and assigns of the respective parties hereto. 16. It is Mutually understood and agreed that no alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, and that no oral understandings or agreements not incorporated herein, and no alterations or variations of the terms hereof unless made in writing between the parties hereto shall be binding on any of the parties hereto. 17. This Agreement shall terminate 30 days after either Institution or Contractor has notified the other party in writing of its desire to terminate this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in quintuplicate the day, month and year first above written. CALIFORNIA STATE CITY OF HUNTINGTON BEACH a icipal corporation By By , Mayor California State diversity Long Beach Office of Financial Aid ATTEST: 4LiC19 Al, VJL•NNlORTH "Cir.. C RK DeputyCitp Clerk `td/ REVIEWED AND APPROVED: APPROVED AS TO FORM: ity Administrator City Attorney 4 • -FA7=0772 2H 3/7s a WORK-STUDY PROGRAM EXHIBIT "A,. Contractor with which student empioyment arrangement is being proposed: I.I t City of Huntington Beach Name of Contractor 2Q00 Main Street 536-5201 Address Telephone Number Huntington Reach, California92648 City State Zip Code 1.12 Person directing Contractor: Floyd Q. Belsit'o City Administrator Name Title 1.13 Address where work is to be performed if different from Contractor's principal office: 1.2 Is the work to be provided related to a comirunity action program? Yes No x if yes, indicate agency and Director of Program 1.3 Statement on special conditions for employment in work for public or private nonprofit organiz.ition: 1.31 1., work to be performed "in the public intrre-st"'' Yes ,X Na— 1.3= Will this work result in the dispiact�mcw of employed workers or impair exiains contracts for service? Yes No _x 1.4 ActivitiesofContruetor: _City Government /`Y RCA ' J-33 . REQUEST FOR CITE' COUNCIL ACTION � �©•�� Floyd G, Belsito Administration Submitted by Department Date Prepared April 27 , 19 799 Backup Material Attached ❑ Yes, No Subject CITY PARTICIPATION IN COLLEGE WORK STUDY PROGRAM THROUGH CALIFORNIA STATE UNIVERSITY LONG BBACH City Administrator's Comments Approve as recommended Statement of Issue, Recommendation, Analysis, Funding Source, Aiternative Actions: STATEMENT OF !SSUB: California State University at Long Beach is offering to the City an opportunity to employ undergraduate and graduate stude..%s under the terms of a College Work Study Program. RECOMMENDATION: Authorize the Mayor to e,:ecute the attached agreement between the City of Huntington Beach and the California State University at Long Beach that will provide for the employment of students from Long Beach State University and the sharing of expenses between the City and the University. ANALYSTS; California State University at Long Beach has received a grant from the Federal Government in an amount of approximately $1,200 ,000 for the purpose of providing a subsidy to public, private and non-profit organizations to defray the costs of employing undergraduate or graduate students who are enrolled at California State University at Long Beach and who are in need of <employment to offset part or all of their education costs Under the program the University will provide funding of 70% of the total cost of each student employed by the City while the City is required to pay only 30% of the employed student's cost. In addition to the 30% the City must comply with -the State requirements to cover all student employees under State Workmen's Ccmpensation insurance; The program provides for students to work at the City 20 hours per week while classes are in session and 40 hours per week during summer, Christmas and Spring breaks. Employed students will receive a minimum wage of $2.94 per hour with a maximum hourly wage range between $4.19 per hour and"$5.00 per hour. P10 3/78 RCA 19-33 Participating in the program will allow the City .apartments to have access to individuals that are (1)_`willing to work and (2) that may allow Departments to either reduce temporary salaries or assure adequate staff in the programs at a minimal cost to the City. FUNDING SOURCES: General Fund Departments' Temporary Salaries. ALTERNATIVES: Do not participate in the program offered by the Federal Government through California State University at Long Beach. RB : j a 46 S,4445 .�City of Hunfington Beach P.O. BOX 190 CALIFORNIA 92648 OFFICE OF THE CITY CLERK May 22, 1979 Ms, Dorothy Sexton California State University, Long Beach rinancla1 id Center Student eervices,/Administrative Bldg. Rm. 270 Long Beach, California, 90840 Dear Ms. Sexton: The City Council of the City of Huntington Beach at its regular meeting held Monday, May 21, 1979, approved an agreement between the City and California State University, Long Beach -to provide for the employment of students from Tong Beach State University and the sharing of expenses between the City and the University. We have enclosed the original agreement, duly executed by the City, and would appreciate a copy returned to this office upon execution ll by the State. Sincerely yours, .GG 'ow/%�r�%7l it Alicia M. Wentworth City C_erk AMW.cb i enc.