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1978-124-Authorizing College Work Study Program Off-Campus Project Agrement With Santa Clara UniversityRESOLUTION NO. 1978 -124 A RESOLUTION AUTHORIZING COLLEGE WORK STUDY PROGRAM OFF- CAMPUS PROJECT AGREEMENT WITH SANTA CLARA 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 COLLEGE WORK STUDY AGREEMENT with Santa Clara University, Santa Clara, 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 7th day of August , 1978, by the following vote: AYES: COUNCILMEMBERS Ruth Cannon Thomas J. Ferrito John B. Lochner Peter W. Siemens Mardi Gualtieri NOES: COUNCILMEMBERS None ABSENT: COUNCILMEMBERS None t.1 _'y 2 &t ht u MAYOR 0 THE TOWN OF LOS GATOS ATTEST: 1h CLERK 0 THE TiWN OF LOS GATOS 1978 -79 AGREEMENT THIS AGREEMENT, entered into this twelfth (12th) day of July 19 7$ by and between the PRESIDENT AND BOARD OF TRUSTEES OF SANTA CLARA COLLEGE, a corporation, hereinafter called "Institution ", and TOWN OF LOS GATOS a body corporate and politic of the State of California, hereinafter called "Agency ". WHEREAS, pursuant to the provisions of Title Education Act of 1965, and any amendments thereto, the U.S. Commissioner of Education for a grant of funds to employment of Institution students, particularly those the greatest financial need and who are in need of the ment to pursue courses of study at institutions of higl institution; and IV, Part C, of the Higher Institution has applied to stimulate and promote the students who demonstrate earnings from such employ - ier education, such as the WHEREAS, Agency and Institution desire that certain of Institution's students engage in work for public and private nonprofit organizations such as the Agency under the Work -Study Program authorized by the Act; and WHEREAS, Agency is in a position to utilize the services of such students' NOW, THEREFORE, Agency and Institution both agree as follows: 1. Agency 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 Agency. 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 purpose 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: 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. 4. Agency shall: a. Reasonably supervise the services of students participating in the Work -Study Program and permit reasonable supervision by a representative of the Institution, upon notice of the Chief Administrative Officer of the Agency; b. Make a report, not less often than monthly, to Institution of the time worked by students participating in the program; c. Allow no student to work for more than an average of twenty (20) hours per week per term in which the student is enrolled in classes, and for not more than flirty (40) hours in any other week; and no more than eight ( 8 ) hours per day. d. Upon being invoiced for amounts due to the Institution, promptly pay to the Institution such amounts, which shall be equal to but not exceed (30) thirty percent of the total compensation to be paid to students participating in the program. 5. Compensation to be paid by the Institution 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 Agency 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. Institution shall 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 students' eligibility, academic and otherwise; c. Payment of students' salary for the work performed; it is further agreed that student shall be deemed an employee of the Institution and not Agency, and the Institution shall make all payments due as an employer's contribution under -2- State Workmen's Compensation laws, under Federal Social Security laws, State Disability Insurance, or under any other laws applicable to employers. 8. This agreement will be subject to the availability of federal funds to the Institution for the portion of the student's compensation to be paid by the Institution. 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. 9. The Agency agrees to indemnify the Institution, its officers, agents and employees against liability for injury or damage caused by any negligent act or omission of any said student in the performance of this Agreement and shall hold same harmless from any loss occasioned under said circumstances. 10. In addition to the compensation provided in Exhibt "A ", the Agency shall pay by way of reimbursement to the Institution, or in advance, an amount equal to any and all payments required to be made by the Institution under State Workmen's Compensation laws, or under Federal Social Security laws, if any, or under any other applicable laws, on account of students participating in projects under this agreement. 11. This agreement shall terminate on June 30, 1979 , or by the mutual agreement of the parties hereto in writing, or upon fourteen (14) days written notice by either party to the other. 12. In event it becomes necessary to institute legal proceedings to en- force the terms of this agreement, it is agreed that the prevailing party shall be entitled to reasonable attorney's fees and court costs as fixed by a court of com- petent jurisdiction. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. PRESIDENT AND BOARD OF TRUSTEES OF TOWN OF LOS GATOS SANTA CLARA COLLEGE, a corporation ,�LL BY BY1i1[fc� Mar i Gualtieri Mayor 8 -7 -78 (Title, Date) (Title, Date) INSTITUTION AGENCY -3- 1978 -79 EMPLOYMENT AGREEMENT The TOWN OF LOS GATOS will employ students from the UNIVERSITY OF SANTA CLARA in the capacity of Staff Aides at the rate of $3.50, 4.17 per hour. This Employ- ment Agreement shall go into effect as of July 14, 1979 The TOWN OF LOS GATOS agrees to pay (25) twentv -five percent of the gross earnings the student makes as it's share of compensation paid students, an amount equal to five (5%) percent of the gross compensation as and for administrative costs, and in addition thereto, such other reimbursement as is more particularly set forth in paragraph 10 of the Agree- ment executed by the parties. The Institution shall pay the gross compensation. PRESIDENT AND BOARD OF TRUSTEES OF SANTA CLARA COLLEGE, a corporation By (Title, Date) INSTITUTION (75) seventv —five TOWN OF LOS GATOS 0 EXHIBIT "A" Mardi Gualtieri Mayor 8 -7 -78 (Title, Date) AGENCY cent of