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HomeMy WebLinkAboutE-4 Staff Report - APU Federal Work Study Programs FY 23-24CONSENT ITEM E-4 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: LEILA HASSEN, LIBRARY SERVICES MANAGER DATE: SEPTEMBER 18, 2023 SUBJECT: APPROVAL OF OFF-CAMPUS FEDERAL WORK STUDY PROGRAM AGREEMENTS WITH AZUSA PACIFIC UNIVERSITY BACKGROUND: The Azusa City Library, through a partnership with Azusa Pacific University (APU), participates in Federal Work Study programs designed to assist Azusa youths with literacy and educational skills. These programs are implemented through program agreements with student resources. This action approves an agreement with the Azusa City Library 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 Azusa City Library partners with Azusa Pacific University (APU) to offer programs to provide Azusa students in grades K-6 with after-school homework assistance. These programs include Azusa Reads/Writes/ Counts and the STEM-based Discovery Club. Azusa Reads, Writes, and Counts and Discovery Club programs operate at the Azusa City Library. These programs provide free after-school tutoring services to assist elementary students in reading and mathematics, and palce interns to implement STEM-themed Discovery Club programs. The programs are coordinated through the Office of Community Service Learning. APU staff will work with City Library staff and APU students to facilitate the implementation of these programs including the recruitment and training of APU students employed through the Federal Work Study program. Approved City Council September 18, 2023 Approval of Agreement for Federal Work Study Programs September 18, 2023 Page 2 All recruitments, training, placements and supervision of tutors are the responsibility of APU coordinators. City Library staff provide training in Library policies and procedures and an orientation for program tutors. In addition, City Library staff members participate in the year-end evaluation of the program and student recognition events. The ongoing partnership between the Azusa City Library and APU has yielded several favorable outcomes including, but not limited to, student academic achievement, Library capacity to offer educational support for Azusa’s youth, and offsite employment opportunities for APU students. FISCAL IMPACT There is no fiscal impact. Tutor and intern salaries for the Azusa Reads/Writes/Counts and Discovery Club programs are funded by APU at no cost to the City. All funds to support this program are provided through the Federal Work Study Program. Prepared by: Reviewed and Approved by: Leila Hassen Sergio Gonzalez Library Services Manager City Manager Attachment: 1) APU Community Advancement Programs (CAP) Off Campus Federal Work Study Agreement MOU Off Campus Federal Work-Study Agreement Azusa City Library 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) in a variety of roles. 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/program details 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: Attachment 1 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 orient,train,supervise the students participating in the Federal Work Study Program services 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. CCEL Community Advancement Programs -8-2-23 OGC 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 in August of 2023 with exact signature dates noted below. For Institution:Azusa Pacific University,President’s Cabinet Member 901 E.Alosta Ave. Azusa,CA 91702 Signature Date Anita Henck,PhD,Provost For Organization:Azusa City Library 729 Dalton Ave. Azusa,CA 91702 Signature Date Sergio Gonzalez City Manager CCEL Community Advancement Programs -8-2-23 OGC Off Campus Federal Work-Study Agreement |“Exhibit A” Program Services Description Azusa City Library 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:Academic year 2023-2024,8/28/23 to 05/3/2024 Section 3 During the course of employment,the FWS students will complete services of the position(s)hired for. a.The duration for the Federal Work Study position will be determined prior to employment by the Library site staff representatives and Azusa Pacific University for each student.It is intended that the community-based Federal Work Study employment encompass a period of at least one term. b.The APU FWS student(s)will be provided experience and practice in the city library setting. Duties will vary according to available opportunities at the site,as determined by the library and university.Anticipated duties include: 1)Tutoring in 1-on-1 and group settings 2)Planning &leading STEM-based activities for community youth 3)Collaborating with library staff to assist with programs,activities,and events 4)Assisting with administrative,office,and and/or patron support related to library community programs. Location work will be performed: Azusa City Library,729 Dalton Ave.Azusa,CA 91702 APU Position Supervisor: Community Advancement Program Manager,Michelle McDonald Maximum Number of Hours per week: 29 Hours/Week per student dependent on Federal Work Study award amount,which will determine length of employment and hours per week student can work Percentage of Salary paid by Institution: 100%of hours.per student,until the student's FWS award amount has been reached Percentage of Salary paid by Organization: 100%of hours per student exceeding FWS award amount. CCEL Community Advancement Programs -8-2-23 OGC Section 4 Authorized Signatures: Institution: Azusa Pacific University 901 E.Alosta Ave. Azusa,CA 91702 Signature Date Michelle McDonald Community Advancement Programs Manager Organization: Azusa City Library 729 Dalton Ave. Azusa,CA 91702 Signature Date Sergio Gonzalez City Manager CCEL Community Advancement Programs -8-2-23 OGC