HomeMy WebLinkAboutE-4 Staff Report - APU Workstudy Programs 2020-2021CONSENT ITEM
E-4
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: SERGIO GONZALEZ, CITY MANAGER
FROM: ANN GRAF, DIRECTOR OF INFORMATION TECHNOLOGY AND LIBRARY
SERVICES
DATE: NOVEMBER 16, 2020
SUBJECT: APPROVAL OF OFF-CAMPUS FEDERAL WORK STUDY PROGRAM
AGREEMENTS WITH AZUSA PACIFIC UNIVERSITY
BACKGROUND:
The City, through the Library, participates in federal work-study programs designed to assist Azusa
residents and Azusa children with literacy and educational skills. These programs are implemented through
program agreements with student resources (in the case of Azusa Pacific University). This action approves
an agreement with City and Azusa Pacific University for off-campus federal work-study.
RECOMMENDATION:
Staff recommends that the City Council take the following actions:
1) Approve an agreement with Azusa Pacific University for Azusa Reads, Writes, Counts ; and
2) Authorize the City Manager to execute the amendments, in a form acceptable to the City
Attorney, on behalf of the City.
ANALYSIS:
The City collaborates with Azusa Pacific University (APU) to offer programs to assist Azusa students with
literacy and educational skills. These programs include Azusa Reads, Writes and Counts.
Azusa Reads, Writes, and Counts programs operate at the Azusa City Library. These programs provide after-
school tutors to assist elementary students in reading and math. The programs are coordinated through the
Office of Community Service Learning. An assigned coordinator works with City Library staff and APU
student tutors to facilitate the implementation of these programs.
APPROVED
CITY COUNCIL
11/16/2020
Approval of Agreement for Work Study Programs
November 16, 2020
Page 2
All recruitments, training, placements and supervision of tutors are the responsibility of the APU
coordinators. City Library staff provides some training in local logistics and a basic orientation and
welcome for the programs tutors. In addition, City Library staff members participate in the year-end
assessment and celebration and recognize student and tutor achievement. The program will be modified
this year using technology and virtual learning to comply with and Covid-19 protocols and keep staff,
tutors and students safe.
The Azusa City Library and the Azusa community derive benefit from this program by increasing library
usage and by developing better readers and students who understand mathematics.
FISCAL IMPACT
The Federal Work Study program tutors are provided by APU at no cost to the City. All funds to support
this program are provided by APU through the Federal Work-Study Program.
Prepared by: Reviewed and Approved:
Ann Graf Sergio Gonzalez
Director of Information Technology City Manager
and Library Services
Attachments:
1)2020-2021 Federal Work Study Agreements with Azusa Pacific University
Off Campus Federal Work-Study Agreement
Azusa Reads, Writes, & Counts
This agreement is entered into between Azusa Pacific University, hereinafter known as the "Institution",
and Azusa City Library, hereinafter known as the “Organization” for the purpose of providing work to
students eligible for the Federal Work-Study Program (FWS).
The Institution shall attach schedules to this Agreement from time to time which set forth descriptions of
the work each student will perform, the total number of participating students, the hourly rate of pay, the
number of hours per week each student is allowed to work, and the maximum amount of wages each
student may receive. Each schedule shall bear the signature of a duly authorized official of the Institution.
The Institution will make available to the Organization students for the performance of specific work
assignments. Students may be removed from work on a particular assignment or from the Organization
or Institution, either on their own initiative or at the request of the Organization or Institution. The
Organization agrees that no student will be denied work or subject to different treatment under this
Agreement on the grounds of race, color, national origin, religion, sex, marital status, age, disability, or
veteran status.
The institution and the organization desire that the Institution's eligible students engage in work in the
public interest for public agencies and private nonprofit organizations. To the maximum extent
practicable, the employment will complement and reinforce the educational program or vocational goals
of each student employed.
1. The institution is considered the employer for purposes of this agreement. It has the ultimate
right to control and direct the services of the students for the organization. It also has the
Attachment 1
responsibility to determine whether the students meet the eligibility requirements for
employment under the Federal Work-Study Program, to assign students to work for the
organization, and to determine that the students do, in fact, perform their work. The
organization’s right is limited to the direction of the details and means by which the result is to be
accomplished. Organization shall utilize the services of students who are referred to
Organization by Institution and who Institution has determined are eligible to participate in the
Federal Work Study Program and who Organization determines are qualified and acceptable to
perform services for Organization. The services to be performed by the student(s) are
summarized in Exhibit "A" attached hereto and by this reference made a part hereof.
2. The work performed by the students shall be in the public interest.
3. The work performed by the students shall not:
a. Displace employees, impair existing service contracts, replace regular employees, replace
employees who are on strike; or
b. Involve any partisan or nonpartisan political activity associated with a faction in an
election for public or party office; or
c. Benefit primarily members of a limited membership organization such as a credit union, a
fraternal or religious order, or cooperative; or
d. Involve work for an elected official as a political aide or work for an elected official who is
not responsible for the regular administration of federal, state, or local government;
e. Involve any lobbying on the federal, state, or local level; or
f. Include employment for the U.S. Department of Education; and
g. Include consideration of the student’s political support or party affiliation the hiring
decision
4. The wage rate to be paid to students participating in the program shall:
a. Be not less than the current federal or state minimum wage required under Section 6(a)
of the Fair Labor Standards Act of 1938;
b. Be computed on an hourly basis for actual time on the job;
c. Not include any fringe benefits; and
d. Be appropriate and reasonable in terms of the type of work performed, the employee's
proficiency, the geographical region, and applicable federal, state, or local law
5. Neither the Institution nor the Organization shall provide or pay for a student's transportation
expenses to and from the place where he or she regularly performs services for the Organization.
However, if there are any job responsibilities that require students to drive their own vehicle
while performing services for the organization, the institution will pay for that cost through
expense reimbursement.
6. The institution agrees to pay for workers' compensation benefits that a student employee may
be eligible for while working at the Organization.
7. The Institution agrees to pay 100% of the total wages earned by a student worker under this
agreement up to the assigned maximum number of hours allotted to each student. The
Organization will pay 100% of wages earned in excess of the total assigned maximum hours
allotted per student. The institution will pay 100% of total wages during a student's training
period when training is provided by the Institution. Training provided by the Institution will not
count against the number of weekly hours allotted to the Organization. Training provided by the
Organization will be considered part of the student employee's weekly allotted hours.
Compensation for work under this agreement will be disbursed by the Institution.
8. Organization Shall:
a. Not solicit or accept fees, commissions, contributions, or gifts as a condition for Federal
Work Study employment.
b. Reasonably supervise the services of students participating in the Federal Work Study
Program and permit occasional inspection and audit by Institution and auditors.
c. Not allow any student's weekly hours to exceed the amount of the student's allotted
hours as determined by Institution. If Organization permits a student to work hours in
excess of the amount for which the student is allotted, Organization shall pay all of the
student's earnings in excess of the student's allotted hours.
d. Abide by Institution's determination of student's eligibility for the Federal Work Study
Program.
e. Not require students to work during their scheduled class time or in areas where alcohol
is present.
9. This Agreement shall be subject to the availability of funds to Institution for that portion of the
student's compensation paid from Title IV Federal Work Study funds. It shall also be subject to
the provisions of the Higher Education Act of 1965, as amended, and the regulations adopted
thereunder, as amended.
10. The Organization agrees to indemnify, defend and save harmless the Institution, their officers,
agents, students and employees from any and all claims and losses accruing or resulting to any
and all persons, or public or private entities who may be injured or damaged by the Organization
in the performance of this Agreement.
11. Organization, and any agents and employees of Organization, in the performance of this
Agreement, shall act in an independent capacity and not as officers or employees or agents of
the Institution.
12. The Institution may terminate this agreement and be relieved of its obligations with regard to
Organization hereunder should Organization 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 balance for employment, if any, shall be paid by the Organization within 14 days of notice of
termination of this agreement.
13. The benefits under this agreement are not assignable by Organization either in whole or in part
nor are the responsibilities delegable by the organization either in whole or in part.
14. Institution requires that each student participate in a survey evaluating their experience working
with the Organization. Organization can request a copy of evaluation questions from the
program manager.
15. 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.
16. 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
same terms hereof unless made in writing between the parties hereto shall be binding on any of
the parties hereto.
17. This agreement supersedes all previously dated cooperative agreements for Community
Advancement Programs and terminates on June 30th of the agreement year. Either party may
terminate this agreement early by providing a 14 day written notice to the other party.
18. Organization agrees to maintain commercial general liability insurance with limits of $1,000,000
per occurrence and $3,000,000 in the aggregate. Organization also agrees to maintain a
workers' compensation insurance program for its employees and agents with statutorily
mandated limits. Organization agrees to provide evidence of said coverage prior to the
commencement of services described in this agreement.
In witness thereof, the Institution and Organization have executed this agreement October 5, 2020.
Institution:
Azusa Pacific University
901 E. Alosta Ave.
Azusa, CA 91702
Signature Date
Heather Petridis
Vice President, Enrollment Management
Organization:
Azusa City Library
729 Dalton Ave.
Azusa, CA 91702
Signature Date
Sergio Gonzalez
City Manager
Off Campus Federal Work-Study Agreement | “Exhibit A” | Personnel Agreement
Azusa Reads, Writes & Counts
Section 1
Name of Organization:Azusa City Library
Contact Person & Title:Sergio Gonzalez, City Manager
Contact Number:626-812-5239
Address of Organization:729 Dalton Ave.
Azusa, CA 91702
Section 2
Employment timeframe:10/2020 to 05/2021
Section 3
Position Title(s):ARWC Tutor
Address work will be performed:729 Dalton Ave.
Azusa, CA 91702
Position Supervisor: Experiential Learning Manager, Peter Ou
Maximum Number of Hours per week: 20 Hours/Week Per Student
Preferred Position Hours and Days: Monday - Friday | 2:00PM - 5:00PM
Percentage of Salary paid by Institution: 100% of 20 hrs. per student/per wk
Percentage of Salary paid by Organization: 100% of hrs. over 20 hrs. per student/per wk
Section 4
Authorized Signatures:
Institution:
Azusa Pacific University
901 E. Alosta Ave.
Azusa, CA 91702
Signature Date
Peter Ou
Experiential Learning Manager
Organization:
Azusa City Library
729 Dalton Ave.
Azusa, CA 91702
Signature Date
Sergio Gonzalez
City Manager
Azusa Library Reviewed ________APU Reviewed ________