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1975-077-Authorizing College Work Study Program Off-Campus Project Agreement With Weat Valley CollegeRESOLUTION NO. 1975-77 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 FURTIER RESOLVED that the Mayor is authorized and is hereby directed to execute said Agreement in the name and in 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 16th day of June 1975, by the following vote: AYES: COUNCILMEN Ruth Cannon Mark B. DiDuca John B. Lochner Albert B. Smith Egon Jensen NOES: COUNCILMEN None ABSENT: COUNCILMEN None ATTEST: CLERK OSOGATOS G WEST VALLEY COLLEGE 14000 Fruitvale Avenue Saratoga, California 95070 COLLEGE WORK STUDY PROGRAM OFF- CAMPUS PROJECT AGREEMENT THIS AGREEMENT is entered into this fat day of July 19 7 , at gar tAa , County of Sent& ( to State of California, by WEST VALLEY COLLEGE , hereinafter called College and T u of L 'atos a o- ra it a l tiou , 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, partic- ularly 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 instiutions. 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 Educa- tion 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 permit reasonable 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. Allow no student to work for more than an average of fifteen hours per week per term in which he is enrolled in classes, and for not 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 least 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 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. 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 and 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 Trustees 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 performance 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. -2 11. The Contractor shall be responsible for all employee benefits. Workman's compensation insurance will be provided by the College and the Contractor will be billed at the College's rate. 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 Agreement 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 incorportated 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, 1975, 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 quintuplicate the day and year first above written. WEST VALLEY COLLEGE (Date) -3- CONTRAC Pegi Ard Account Clerk 867 -2200 Ext. 393 Katy Gooch Financial Aid Officer WEST VALLEY COLLEGE 8t7 -2200 Ext. 261 14000 Fruitvale Avenue Saratoga, CA 95070 College Work Study Program Budget Proposal Name of Organization: Two of '.. Gatos Address: 6 SOX 945* Cat *$, 05050 Phone: 354-4 Person Responsible for Program: e Person To Contact F . Arytat Contract Period: 7 1 75 _ 6 30 76 MO. da. yr. mo. da. yr. JOB HOURLY NO. of NO. of TOTAL COST TITLE RATE x HOURS X JOBS = per JOB COMPENSATION TO STUDENTS Federal Funds ( 80 % of Total Compensation to Students) Agency Funds ( 20 % of Total Compensation to Students) AMOUNT REQUIRED FROM AGENCY Administrative Cost (5% of Total Compensation to Students) Matching Funds (20% of Total Compensation to Students) 5/74 TOTAL $ TOTAL $