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1979-092-Authorizing College Work Study Program Off-Campus Project Agreement With West Valley CollegeT RESOLUTION NO. 1979 -92 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 18th day of June 1979, by the following vote: AYES: COUNCILMEMBERS Ruth Cannon, Thomas J. Ferrito, Mardi Gualtieri, Peter W. Siemens, and John B. Lochner NOES: COUNCILMEMBERS None ABSENT: COUNCILMEMBERS None r•� MAYOR OF THE TOWN OF LOS GATOS v ATTEST: CLERK THE TOWN OF LOS BATOS WEST GeiLLEy COLLEGE 14000 Fr,,Lt_vale Avenue Saratoga, CalifOrnia 55070 COLLEGE WORK STUDY PROGRAM OFF - CAMPUS PROJECT AL_REEEMHNT �> THIS AGREEMENT is entered into this day of 19 79 ^�,..- __�_ _._.. at Los Gatos , County of __ Santa Clara State of California, by WEST VALLEY COLLEGE hereinafter called College and a non-profit Town of Los Gatos nization hereinafter called Contractor. W I T N E S S E I 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 -Stud), 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. 4. Contractor shall: a. Reasonably supervise the services of students participating in the Work - Study Program and pezmit re.a.scnable 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. Students are allowed to work no more than twenty hours per week when enrolled in classes, and allow no 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 ].east 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 stu- dents 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 end 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 Coverning Board 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 perfor- mance 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- ll. The Contractor shall be responsible compensation insurance will. be provided be billed at the College's rate. i for all employee benefits. Worker'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 oY 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, 1980 unless sooner termi.naced, 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 John Lochner., Mayor