1975-078- Authorizing Work Study Program Off-Campus Project Agreement With San Jose StateRESOLUTION NO. 1975 -78
A RESOLUTION AUTHORIZING WORK -
STUDY PROGRAM OFF- CAMPUS PROJECT
AGREEMENT WITH SAN JOSE STATE
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 WORK -
STUDY PROGRAM OFF- CAMPUS PROJECT AGREEMENT with San Jose State
University, San Jose, 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
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 , 1.975 , by the
following vote:
AYES: COUNCILMEN Ruth Cannon
Mark B. DiDuca
John B. Lochner
Albert B. Smith
Fgnn Jensen
NOES: COUNCILMEN None
ABSENT:
ATTEST:
i
CIERKOF TI .OWN F L03 GATOS
COUNC
None
The terms of this Agreement are as follows:
Institution has received a grant from the U.S. Commissioner of Education pursuant to Title IV, Part
C, of the Higher Education Act of 1965, P.L. 2 89 -329, as amended by the Education Amendments
of 1972, P.L. 2 92 -318 [see Work -Study Programs: 42 U.S.C. SS 2751 - 2756x]. The purpose of that
grant is to stimulate and promote the employment of students in institutions of higher education
who are in need of the earnings from such employment to pursue courses of study at such
institutions.
Institution and Contractor desire that certain of Institution's students engage in work for public and
private nonprofit 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.
Institution, in consideration for Contractor employing Institution's students as further provided for
herein, as bargained for 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" 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. Displace employed workers or impair existing contracts for services; or
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.
10. This Agreement shall be subject to the availability of funds to Institution for the portion of
the student's compensation not to 6e 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 legislation and regulations pertaining to the Work -Study
Program adopted subsequent to January 1, 1965.
11. The Contractor agrees to idemnify, defend and save harmless the State, the Trustees of The
California State University and Colleges, institution, 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.
12. The Contractor shall be responsible for all employee benefits and provide workmen's
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 such benefits and
costs, including Social Security when such coverage is offered.
13. The Contractor, and any agents and employees of Contractor, in the performance of this
Agreement, shall act in an independent capacity and not as officers or employees or agents of
State of California, the Trustees of The California State University and Colleges, or of
Institution. Students 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.
14. Institution may terminate 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 purpose of this Agreement in any manner deemed proper by Institution. 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.
15. This Agreement is not assignable by Contractor either in whole or in part.
16. Time is of the essence of each and all the provisions of this 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.
17. 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.
18. This Agreement shall terminate
June 30 1976
unless sooner terminated, and shall be subject to extension only upon the same terms, except
as to term, by the mutual agreement of the parties hereto in writing.
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