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HomeMy WebLinkAboutE-5 Staff Report - APU Workstudy Programs 22-23CONSENT ITEM E-5 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: SEPTEMBER 19, 2022 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. 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 Discovery Club; 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 and Discovery Club. Azusa Reads, Writes, and Counts and Discovery Club programs operate at the Azusa City Library. These programs provide after school tutors to assist elementary students in reading and math, and interns to assist with STEM Discovery Club programs. The programs are coordinated through the Office of Community Service Learning. An assigned coordinator works with City Library staff and APU students to facilitate the implementation of these programs. APPROVED CITY COUNCIL 9/19/2022 Approval of Agreement for Work Study Programs September 19, 2022 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 program’s tutors. In addition, City Library staff members participate in the year-end assessment and celebration and recognize student and tutor achievement. The Azusa City Library and the Azusa community derive benefit from this program by increasing library usage and by developing better readers and students. 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 Attachment: 1) Off-Campus Federal Work Study Agreement Attachment 1 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 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 August 1, 2021. 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 Schedule A | Personnel Agreement Azusa Reads, Writes & Counts As provided in the second paragraph of that Agreement, the Schedule describes work to be performed by students eligible for the Federal Work-Study Program (FWS). 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: 9/2021 to 05/2022 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 Off Campus Federal Work-Study Agreement Schedule B | Personnel Agreement Discovery Club As provided in the second paragraph of that Agreement, the Schedule describes work to be performed by students eligible for the Federal Work-Study Program (FWS). 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: 09/2021 to 05/2022 Section 3 Position Title(s): Discovery Club Intern Address work will be performed: 729 Dalton Ave. Azusa, CA 91702 Position Supervisor: Experiential Learning Manager, Peter Ou Maximum Number of Hours per week: 15 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/wk Percentage of Salary paid by Organization: 100% of hrs. over 20 hrs. per student/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