1983-170-Authorizing Work Study Program Off-Campus Project Agreement With University Of California, Berkeley.-7
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b. Involve any partisan or non - partisan political activity
7. Compensation of students for work performed on a project under
associated with a candidate or with a contending faction
this agreement will be disbursed- -and all payments due as an employer's
or group in an election for public or party office;
contribution under State or local workmen's compensation laws, under
Federal or State social security laws, or under other applicable laws,
C. Involve any lobbying on the Federal level; and
as required, will be made - -by the University.
d. Involve the construction, operation, or maintenance of so
8. a. To the extent authorized by law, University shall indemnify,
much of any facility as is used or is to be used for sec-
hold harmless and defend the Organization, its officers,
tari.an instruction or as a place for religious worship.
agents and employees against all liability, claims, losses,
demands and actions for injury to or death of persons or dam -
4. Organization agrees to:
age to property arising out of or in consequence of this
agreement, provided such liability, claims, demands, losses
a. Reasonably supervise the services of students participating
or actions are due to the acts or omissions of the University,
in the Work-Study Program and permit reasonable supervision
its officers, agents, employees or student - participants in
by a representative of University;
the performance of this agreement; and
b. Make a report to University of time worked by students par-
b. To the extent authorized by law, the Organization shall an-
ticipating in the program indicating the total hours worked
demnify, hold harmless and defend the University, its officers,
each week and containing the supervisor's certification as
agents and employees against all liability, claims, losses,
to the accuracy of the hours reported and of satisfactory
demands or actions for injury to or death of persons or
performance on the part of the students, at least monthly;
damage to property arising out of or in consequence of this
agreement, provided such liability, claims, losses, demands
C. Allow no student to work for more than an average of twenty
or actions are due to the acts or omissions of the Organiza-
(20) hours per week over a quarter, or other term used by
tion, its officers, agents or employees in the performance
the University in awarding credits to the student, during
of this agreement.
which the student is enrolled in classes (excluding any
period during which the student is on vacation), and for not
9. a. The Organization shall maintain at all times during the
more than forty (40) hours in any week; and
performance of this agreement public and property damage
liability and insurance or equivalent self - insurance in
d. Pay the University fifty percent (50) of the total
a minimum amount for each occurance as specified under
compensation to be paid to students participating in the
"Service Agreements Paragraph 2, a. and b. of Business and
program. Such percentage includes a fifteen percent
Finance Bulletin - -63 ", naming as an additional insured in
(15) Administrative Surcharge for costs of administering
connection with the Organization's activities, the Univer-
this agreement. The Organization will pay to the Univer-
sity but only with respect to such liabilities as may arise
sity in advance such amounts calculated to cover the Organi-
out of the Organization's activities hereunder. The Organiza-
zation's share of the students' compensation and administra-
tion's insurer or administrator of self:- insurance shall agree
tive surcharge or within thirty (30) days upon receipt of a
that the above coverages shall be primary and for the full
written Statement of Account to Organization at the end of
amount of any loss up to and including the total limit of
each quarter showing expenditures, receipts, and balance due.
liability without right of contribution from any other insur-
ance affected by the University except that the above pro -
5. Compensation to be paid to students participating in the pro-
visions shall not apply with respect to the negligence of
gram will be appropriate and reasonable in light of the work to be per-
the University.
formed by them. Rate of compensation shall be subject to approval by
University.
b. The University shall maintain at all times during the
performance of this agreement public and property damage
6. In accordance with Title VI of the Civil Rights Act of 1964
liability and insurance or equivalent self- insurance in
and Title IX of the Educational Amendments of 1972, the services and
a minimum amount for each occurrence as specified under
benefits of Organization which involve the work of such students shall
"Service Agreements Paragraph 2, a. and b. of Business
be available to all persons regardless of race, color, national origin,
and Finance Bulletin - -63 ", naming as an additional insured
or sex. No student shall be denied participation in the Work -Study
in connection with the University's activities, the Organiza-
Program because of race, color, national origin, or sex.
tion but only with respect to such liabilities as may arise
out of the University's activities hereunder.
j
UNIVER-. Y OF CALIFORNIA, BERKELEY
COLLEGE WORK -STUDY PROGRAM
The University's insurer or administrator of self- insurance
shall agree that the above coverages shall be primary and
for the full amount of any loss up to and including the total
AGREEMENT
limit of liability without right of contribution from any
other insurance affected by the Organization except that
THIS AGREEMENT, entered into this 6th day of September
the above provisions shall not apply with respect to the
19_83 by and between THE REGENTS OF THE UNIVERSITY OF CALIFORNIA,
negligence of the Organization.
,
a California Corporation, hereinafter called "University ", and
10. This agreement may be cancelled by either party upon seven day
[pyyO Of IOC fatnC , a Municipality , hereinafter
advance written notice thereof to the other if there is failure to comply
called "Organization ".
with the provisions of the agreement.
W I T IQ E S S E T H
11. The agreement shall be subject to the availability of funds to
WHEREAS, University has applied for a grant by the U.S. Commis -
University for the portion of the student's compensation not to be paid
sioner of Education pursuant to Title I, Part C, of the Economic Op-
by Organization. It shall also be subject to the provisions of Part C
Act of 1964, Public Law 88 -452, as amended, and has been amended
(Work -Study Programs) of title IV of the Higher Education Act of 1965,
portunity
Act 1965, Public Law 89 -329 and Public Law
as now amended, or from time to time amended, and shall be subject to
by the Higher Education of
has been by the Educational
regulations implementing said legislation.
90 -82 approved September 6, 1967, and amended
Amendments of 1972, Public Law 92 -318 and the Educational Amendments of
the thirtieth day of
1.976, Public Law 94 -482, and the Educational Amendments of 1980, Public
12. This agreement shall terminate on
be subject to ex-
Law 96 -374, to stimulate and promote the part -time employment of students,
June _, 19 84 unless sooner terminated and
particularly those with great financial need, who are in need of earnings
tension by the mutual. agreement of the parties hereto in writing.
from such employment in order to pursue courses of study at institutions
IN WITNESS WHEREOF, the parties hereto have executed this agreement
of higher education such as University; and
the day and year first above written.
WHEREAS, University and Organization desire that certain of the
University's students engage in work for public and private non - profit
organizations under the Work -Study Program authorized by the Act; and
WHEREAS, Organization is in a position to utilize the services of
Town of Los Gatos THE REGENTS OF THE UNIVERSITY OF CALIFORNIA
such students;
(Organization)
NOW, THEREFORE, the parties hereto agree as follows:
-,C�
1. The University shall be deemed the employer for purposes of
By ', C � By:
this agreement. It has the ultimate right to control and direct the
services of the student for the Organization. it shall also determine
Town Manager Coordinator College Work -Study Program
that the students meet the eligibility requirements for employment under
the College Work -Study Program, assign students to work for the organiza-
(Title) Office of Financial Aid
tion, and determine that the students do perform their work in fact.
The Organizations's rights shall be limited to direction of the details
and means by which the result is to be accomplished.
2. Organization shall meet any and all other conditions as set
forth in the College Work -Study guidelines as set forth in the Federal
Register dated January 19, 1981.
3. The work performed by such students shall be in the public
interest and shall not:
a. Displace employed workers, impair existing contracts for
services; nor fill postions that are vacant because the
employer's regular employees are on strike;