1979-092-Authorizing College Work Study Program Off-Campus Project Agreement With West Valley CollegeT
RESOLUTION NO. 1979 -92
A RESOLUTION AUTHORIZING COLLEGE
WORK STUDY PROGRAM OFF- CAMPUS
PROJECT AGREEMENT WITH WEST VALLEY
COLLEGE.
BE IT RESOLVED by the Town Council of the Town of Los Gatos,
County of Santa Clara, State of California, that the Town of
Los Gatos enter into that AGREEMENT entitled COLLEGE WORK STUDY
PROGRAM OFF- CAMPUS PROJECT AGREEMENT with West Valley College,
Saratoga, California, a copy of which is attached hereto;
and
BE IT FURTHER RESOLVED that the Mayor is authorized and is
hereby directed to execute said Agreement in the name and on
behalf of the Town of Los Gatos:
PASSED AND ADOPTED at a regular meeting of the
Town Council of the Town of Los Gatos, California, held on the
18th day of June 1979, by the
following vote:
AYES: COUNCILMEMBERS Ruth Cannon, Thomas J. Ferrito,
Mardi Gualtieri, Peter W. Siemens,
and John B. Lochner
NOES: COUNCILMEMBERS None
ABSENT: COUNCILMEMBERS None
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MAYOR OF THE TOWN OF LOS GATOS
v
ATTEST:
CLERK THE TOWN OF LOS BATOS
WEST GeiLLEy COLLEGE
14000 Fr,,Lt_vale Avenue
Saratoga, CalifOrnia 55070
COLLEGE WORK STUDY PROGRAM OFF - CAMPUS PROJECT AL_REEEMHNT
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THIS AGREEMENT is entered into this day of 19 79 ^�,..- __�_ _._..
at Los Gatos , County of __ Santa Clara
State of
California, by WEST VALLEY COLLEGE hereinafter
called College and
a non-profit
Town of Los Gatos
nization
hereinafter called Contractor.
W I T N E S S E I H_
College has received a grant from the U. S. Commissioner of Education pursuant
to Title IV, Part C, of the Higher Education Act of 1965 (Work -Stud), Programs:
78 St. 513, 514, 516 (1964), as amended 79 St. 974, 1249, 1250, 1251 (1965),
as amended 81 St. 726 (1967); 42 U.S.C. SS 2751 -2757 (1968). The purpose of that
grant is to stimulate and promote the part -time employment of students, particu-
larly students from low- income families, in institutions of higher education who
are in need of the earnings from such employment to pursue courses of study at
such institutions.
College and Contractor desire that certain of College's students engage in work
for public and private non - profit organizations such as Contractor under the
Work -Study Program authorized by the Act. Contractor is in a position to utilize
the services of such students.
College, in consideration for Contractor employing College's students as further
provided for herein, as bargained for by College; and Contractor, in considera-
tion for College agreeing that Contractor shall receive the services and benefits
accruing from the Agreement, as bargained for by Contractor, both agree as
follows:
1. Contractor shall utilize the services of students furnished by College 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" attached hereto and hereby incorporated herein.
2. The work performed 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. otherwise be provided;
b. Displace employed workers or impair existing contracts for services;
c. Involve political activity or work for any political party; or
d. 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.
4. Contractor shall:
a. Reasonably supervise the services of students participating in the Work -
Study Program and pezmit re.a.scnable supervision by a representative of
the College;
b. Make a report, not less often than monthly to the College of the time
worked by students participating in the program;
c. Students are allowed to work no more than twenty hours per week when
enrolled in classes, and allow no more than. forty hours in any other
week; and
d. Concurrent with its entering into this Agreement, deposit with College
money in an amount sufficient to cover at ].east 20 --per cent + 5%
of the federal share of the total compensation to be paid to students
participating in the program.
5. Compensation to be paid to students participating in the program will be
reasonable in light of the work to be performed by them.
6. The services and benefits of Contractor which involve the work of such stu-
dents shall be available to all persons regardless of race, color, religion, sex,
or national origin. No student shall be denied participation in the Work -Study
Program because of race, color, religion, sex or national origin.
7. College 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.
8. College will be responsible for:
a. Determination of the need of the student in accordance with the
instructions of the U. S. office of Health, Education and Welfare;
b, Determination of student's eligibility, academic end otherwise;
C. Payment of student's salaries on behalf of Contractor.
9. This Agreement shall be subject to the availability of funds to College for
the portion of the student's compensation not to be paid College 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 legislation
and regulations pertaining to the Work - Study Program adopted subsequent to
January 1, 1965.
10. The Contractor agrees to indemnify, defend and save harmless the Coverning
Board of College, their officers, agents and employees from any and all claims
and losses accruing or resulting to any and all contractors, subcontractors,
materialmen, laborers and any other person, firm or corporation furnishing or
supplying work, services, materials or supplies in connection with the perfor-
mance of this contract, and from any and all claims and losses accruing or
resulting to any person, firm or corporation who may be injured or damaged by
the Contractor in the performance of this contract.
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ll. The Contractor shall be responsible
compensation insurance will. be provided
be billed at the College's rate.
i
for all employee benefits. Worker's
by the College and the Contractor will
12. The Contractor, and any agents and employees of the Contractor, in the per-
formance of this Agreement, shall act in an independent capacity and not as
officers or employees or agents of the College. Students furnished employment
by the Contractor pursuant to this Agreement shall not be considered to be
apprentices, employees, agents, or officers of the College.
13. College may terminate this Agreement and be relieved of the payment of any
consideration to the 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, the College may proceed to carry out the purpose of this Agree-
ment in any manner deemed proper by the College. The cost to the College 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 the Contractor either in whole or in
part.
15. Time is of the essence of each and all the provisions of this Agreement, and
the provisions of the 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 oY this contract 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 June 30, 1980 unless sooner
termi.naced, and shall be subject to extention only upon the same terms, except
as to term, by the mutual agreement of the parties hereto in writing.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate
the day and year first above written.
WEST VALLEY: COLLEGE CONTRACTOR
(Date)
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TOWN OF LOS GATOS
John Lochner., Mayor