1978-124-Authorizing College Work Study Program Off-Campus Project Agrement With Santa Clara UniversityRESOLUTION NO. 1978 -124
A RESOLUTION AUTHORIZING COLLEGE
WORK STUDY PROGRAM OFF- CAMPUS
PROJECT AGREEMENT WITH SANTA CLARA
UNIVERSITY.
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
AGREEMENT with Santa Clara University, Santa Clara, 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
7th day of August , 1978, by the
following vote:
AYES: COUNCILMEMBERS Ruth Cannon
Thomas J. Ferrito
John B. Lochner
Peter W. Siemens
Mardi Gualtieri
NOES: COUNCILMEMBERS None
ABSENT: COUNCILMEMBERS None
t.1 _'y 2 &t ht u
MAYOR 0 THE TOWN OF LOS GATOS
ATTEST:
1h
CLERK 0 THE TiWN OF LOS GATOS
1978 -79
AGREEMENT
THIS AGREEMENT, entered into this twelfth (12th) day of July
19 7$ by and between the PRESIDENT AND BOARD OF TRUSTEES OF SANTA CLARA COLLEGE, a
corporation, hereinafter called "Institution ", and
TOWN OF LOS GATOS
a body corporate and politic of the State of California, hereinafter
called "Agency ".
WHEREAS, pursuant to the provisions of Title
Education Act of 1965, and any amendments thereto, the
U.S. Commissioner of Education for a grant of funds to
employment of Institution students, particularly those
the greatest financial need and who are in need of the
ment to pursue courses of study at institutions of higl
institution; and
IV, Part C, of the Higher
Institution has applied to
stimulate and promote the
students who demonstrate
earnings from such employ -
ier education, such as the
WHEREAS, Agency and Institution desire that certain of Institution's
students engage in work for public and private nonprofit organizations such as the
Agency under the Work -Study Program authorized by the Act; and
WHEREAS, Agency is in a position to utilize the services of such students'
NOW, THEREFORE, Agency and Institution both agree as follows:
1. Agency 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 Agency. 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 purpose 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 or impair existing contracts for
services:
b. Involve political activity 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.
4. Agency shall:
a. Reasonably supervise the services of students participating in
the Work -Study Program and permit reasonable supervision by a representative of
the Institution, upon notice of the Chief Administrative Officer of the Agency;
b. Make a report, not less often than monthly, to Institution of
the time worked by students participating in the program;
c. Allow no student to work for more than an average of twenty (20)
hours per week per term in which the student is enrolled in classes, and for not
more than flirty (40) hours in any other week; and no more than eight ( 8 ) hours
per day. d. Upon being invoiced for amounts due to the Institution, promptly
pay to the Institution such amounts, which shall be equal to but not exceed (30)
thirty percent of the total compensation to be paid to students participating
in the program.
5. Compensation to be paid by the Institution 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 Agency which involve the work of such
students 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. Institution shall 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 students' eligibility, academic and otherwise;
c. Payment of students' salary for the work performed; it is further
agreed that student shall be deemed an employee of the Institution and not Agency,
and the Institution shall make all payments due as an employer's contribution under
-2-
State Workmen's Compensation laws, under Federal Social Security laws, State
Disability Insurance, or under any other laws applicable to employers.
8. This agreement will be subject to the availability of federal funds
to the Institution for the portion of the student's compensation to be paid by the
Institution. 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.
9. The Agency agrees to indemnify the Institution, its officers, agents
and employees against liability for injury or damage caused by any negligent act or
omission of any said student in the performance of this Agreement and shall hold
same harmless from any loss occasioned under said circumstances.
10. In addition to the compensation provided in Exhibt "A ", the Agency
shall pay by way of reimbursement to the Institution, or in advance, an amount equal
to any and all payments required to be made by the Institution under State Workmen's
Compensation laws, or under Federal Social Security laws, if any, or under any
other applicable laws, on account of students participating in projects under this
agreement.
11. This agreement shall terminate on June 30, 1979 , or
by the mutual agreement of the parties hereto in writing, or upon fourteen (14) days
written notice by either party to the other.
12. In event it becomes necessary to institute legal proceedings to en-
force the terms of this agreement, it is agreed that the prevailing party shall be
entitled to reasonable attorney's fees and court costs as fixed by a court of com-
petent jurisdiction.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the
day and year first above written.
PRESIDENT AND BOARD OF TRUSTEES OF TOWN OF LOS GATOS
SANTA CLARA COLLEGE, a corporation ,�LL
BY BY1i1[fc�
Mar i Gualtieri
Mayor 8 -7 -78
(Title, Date) (Title, Date)
INSTITUTION AGENCY
-3-
1978 -79
EMPLOYMENT AGREEMENT
The TOWN OF LOS GATOS
will employ students
from the UNIVERSITY OF SANTA CLARA in the capacity of Staff Aides
at the rate of $3.50, 4.17 per hour. This Employ-
ment Agreement shall go into effect as of July 14, 1979
The TOWN OF LOS GATOS
agrees to pay (25)
twentv -five percent of the gross earnings the student makes as it's
share of compensation paid students, an amount equal to five (5%) percent of the
gross compensation as and for administrative costs, and in addition thereto, such
other reimbursement as is more particularly set forth in paragraph 10 of the Agree-
ment executed by the parties.
The Institution shall pay
the gross compensation.
PRESIDENT AND BOARD OF TRUSTEES OF
SANTA CLARA COLLEGE, a corporation
By
(Title, Date)
INSTITUTION
(75) seventv —five
TOWN OF LOS GATOS
0
EXHIBIT "A"
Mardi Gualtieri
Mayor 8 -7 -78
(Title, Date)
AGENCY
cent of