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1978-101-Authorizing College Work Study Program Off-Campus Project Agreement With West Valley CollegeRESOLUTION N0. 1978 -101 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 19th day of June 1978, by the following vote: AYES: COUNCILMEMBERS Thomas J. Ferrito, John B. Lochner, Peter W. Siemens and Mardi Gualtieri NOES: COUNCILMEMBERS None ABSENT: COUNCILMEMBERS Ruth Cannon MAYOR OF E TOWN OF LOS GATOS ATTEST: `A Qt 2%1Jz4z CLERK 0 THE #OWN OF LOS GATOS WEST VALLEY COLLEGE - 14000 Fruitvale Avenue Saratoga, California 95070 COLLEGE WORK STUDY PROGRAM OFF- CAMPUS PROJECT AGREEMENT THIS AGREEMENT is entered into this day of 19 78 , at Los Gatos , County of Santa Clara State of California, by WEST VALLEY COLLEGE hereinafter called College and Town of Los Gatos a non - profit organization hereinafter called Contractor. W I T N E S S E T 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 -Study 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. 11. The Contractor shall : responsible compensation insurance will be provided be billed at the College's rate. for all employee enefits. Workar'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 of 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, 1979 , unless sooner terminated, 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) -3- TOWN OF LOS GATOS i..i; i