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HomeMy WebLinkAboutE-06 Staff Report - APU Workstudy Programs 2019-2020CONSENT ITEM E-6 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: AUGUST 19, 2019 SUBJECT: APPROVAL OF OFF-CAMPUS FEDERAL WORK STUDY PROGRAM AGREEMENTS WITH AZUSA PACIFIC UNIVERSITY BACKGROUND: The City, through the Library, participates in several 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 two separate agreements the City has entered into with 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)Approve an agreement with Azusa Pacific University Computer Lab Training Programs; and 3)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 residents with literacy and educational skills. These programs include two (2) educational assistance programs: 1.Azusa Reads, Writes and Counts. APPROVED CITY COUNCIL 8/19/2019 Approval of Agreement for Work Study Programs August 19, 2019 Page 2 Azusa Reads, Writes, and Counts programs operate at the Azusa City Library. These programs provide 21-40 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. 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 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. 2. Computer Lab Training. Computer Lab Training gives youth who may not have computers at home a chance to do on-line research and complete term papers using one of six computer stations. One or two APU students staff the lab after school on a daily basis and offers supervision and homework help as needed. 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) 2019-2020 Federal Work Study Agreements with Azusa Pacific University Off Campus Federal Work-Study Agreement    CAP Computer Lab    This agreement is entered into between Azusa Pacific University , hereinafter known as the "Institution",  and City of Azusa: Memorial Park Recreation Center , 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 for th descriptions of  the work each student will per form, the total number of par ticipating 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, per form 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 per form  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 par t hereof.     2.The work per formed by the students shall be in the public interest.     3.The work per formed 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 par ty 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 suppor t or par ty affiliation the hiring  decision  4.The wage rate to be paid to students par ticipating 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 per formed, 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 transpor tation  expenses to and from the place where he or she regularly performs ser vices for the Organization.    6.Institution's students working under the office Community Advancement Programs are eligible  for workers' compensation benefits provided that they adhere to this contract and to Institution's  published guidelines regarding such benefits. 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 par t 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 super vise the services of students par ticipating 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 por tion 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 per formance of this Agreement.    11.Organization, and any agents and employees of Organization, in the per formance 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 carr y 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 par ticipate in a sur vey 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 par ties 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 par ties hereto shall be binding on any of  the par ties 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 par ty.       In witness thereof, the Institution and Organization have executed this agreement July 31, 2019.     Institution:  Azusa Pacific University  901 E. Alosta Ave.  Azusa, CA 91702          Signature Date  Heather Petridis   Vice President, Enrollment Management     Organization:  City of Azusa: Memorial Park Recreation Center   320 N Orange Ave   Azusa, CA 91702          Signature Date  Sergio Gonzalez  City Manager     Off Campus Federal Work-Study Agreement | “Exhibit A” | Personnel Agreement    CAP Computer Lab    Section 1    Name of Organization:City of Azusa: Memorial Park Recreation Center   Contact Person & Title:Sergio Gonzalez, City Manager  Contact Number:626-812-5239  Address of Organization:320 N Orange Ave  Azusa, CA 91702  Section 2    Employment timeframe:08/2019 to 05/2020    Section 3    Position Title(s):CAP Lab Coordinator  Address work will be per formed:320 N Orange Ave  Azusa, CA 91702  Position Supervisor: Experiential Learning Manager, Alexandra Oliva  Maximum Number of Hours per week:25 Hours/Week Per Student   Preferred Position Hours and Days:Monday - Friday | 2:30PM - 5:30PM    Percentage of Salary paid by Institution:100% of 25 hrs. per student /per wk  Percentage of Salary paid by Organization:100% of hrs. over 25 hrs. per student /per wk    Section 4    Authorized Signatures:    Institution:  Azusa Pacific University  901 E. Alosta Ave.  Azusa, CA 91702          Signature Date  Alexandra Oliva   Experiential Learning Manager       Organization:  320 N Orange Ave  Azusa, CA 91702          Signature Date  Sergio Gonzalez   City Manager  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 for th descriptions of  the work each student will per form, the total number of par ticipating 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, per form 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 per form  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 par t hereof.     2.The work per formed by the students shall be in the public interest.     3.The work per formed 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 par ty 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 suppor t or par ty affiliation the hiring  decision  4.The wage rate to be paid to students par ticipating 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 per formed, 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 transpor tation  expenses to and from the place where he or she regularly performs ser vices for the Organization.    6.Institution's students working under the office Community Advancement Programs are eligible  for workers' compensation benefits provided that they adhere to this contract and to Institution's  published guidelines regarding such benefits. 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 par t 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 super vise the services of students par ticipating 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 por tion 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 per formance of this Agreement.    11.Organization, and any agents and employees of Organization, in the per formance 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 carr y 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 par ticipate in a sur vey 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 par ties 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 par ties hereto shall be binding on any of  the par ties 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 par ty.       In witness thereof, the Institution and Organization have executed this agreement July 31, 2019.     Institution:  Azusa Pacific University  901 E. Alosta Ave.  Azusa, CA 91702          Signature Date  Heather Petridis   Vice President, Enrollment Management     Organization:  Azusa City Librar y  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:08/2019 to 05/2020    Section 3    Position Title(s):ARWC Tutor  Address work will be per formed:729 Dalton Ave.  Azusa, CA 91702  Position Supervisor: Experiential Learning Manager, Alexandra Oliva  Maximum Number of Hours per week:20 Hours/Week Per Student   Preferred Position Hours and Days:Monday - Friday | 2:30PM - 7:00PM    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  Alexandra Oliva   Experiential Learning Manager     Organization:  Azusa City Librar y  729 Dalton Ave.  Azusa, CA 91702          Signature Date  Sergio Gonzalez   City Manager