1978-100-Authorizing College Work Study Program Off-Campus Project Agreement With San Jose State UniversityRESOLUTION NO. 1978 -100
A RESOLUTION AUTHORIZING COLLEGE 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 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: COUNCIL MEMBERS: Thomas J. Ferrito, John B. Lochner,
Peter W. Siemens and Mardi Gualtier
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Ruth Cannon
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
ATTEST:
CLERK OF (/THE TqWN OF LOS GATOS
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WORK -STUDY PROGRAM
OFF - CAMPUS PROJECT AGREEMENT
THIS AGREEMENT is entered
19 78 ,at San Jose
State of California, by San
iereinafter called "Institution"
into this Firs-t day of
za
The terms of this Agreement are as follows:
July
of
hereinafter called "Contractor.
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. 89 -329, as amended by the Education
Amendments of 1972, P.L. 92 -318 and the Education Amendments of 1976, P.L. 94 -482 [see
Work -Study Programs: 42 U.S.C. SS 2751- 2756a), hereinafter called the "Act." 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" that shall be
attached to this Agreement and may be revised from time to time.
2. The work performed by said students shall be in the public interest and shall be consistent
with the purposes of Title 1V, Part C, of the Higher Education Act of 1965.
3. The work performed by said students shall not:
a. Displace employed workers, impair existing contracts for services, or replace regular
employees on strike; or
b. Involve political agtivity 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; or
d. Involve any lobbying on the federal level.
4. Contractor shall:
a. Reasonably supervise the services of students participating in the Work -Study Program
and permit reasonable supervision by a representative of Institution.
g. has signed an affidavit of educational purpose, 'provided by Institution, stating that
assistance received under the Work -Study Program will be used solely for expenses related
to attendance at Institution.
8. Institution 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 (or
for agreed-upon reimbursement of Institution's costs of administering this Agreement).
9. Institution will be responsible for:
a. Determination of the need of the student in accordance with the instructions of the U.S.
Department of Health, Education and Welfare;
b. Determination of students' eligibility, academic and otherwise;
C. Payment of students' salaries on behalf of Contractor.
10. This Agreement shall be subject to the availability of funds to Institution for the portion of
the student's compensation not to be 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 Workers'
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 Tile 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.
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