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HomeMy WebLinkAbout13040 ORD - 02/18/1976• 7EH:hb:2/16/76:1at • AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH TEXAS A & I UNIVERSITY AT CORPUS CHRISTI PROVIDING FOR PARTICIPATION IN A WORK -STUDY PROGRAM TO EMPLOY STUDENTS FROM LOS? -INCOME FAMILIES IN PART - TIME EMPLOYMENT, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A "; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be and he is hereby authorized to execute a contract with Texas A & I University at Corpus Christi, providing for participation in a work -study program to employ students from low- income families in part -time employment, all as more fully set forth in the contract, in substantially the form attached hereto and made a part hereof, marked Exhibit "A ". SECTION 2. The necessity to authorize execution of the afore- said contract at the earliest practicable date in order that qualified students from low - income families may participate in a work -study program at Texas A & I University at Corpus Christi creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared such emergency and necessity to exist, and having requested the suspension of the Charter rule and that this ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the/ O relay of.C.W , , 1976. ATTEST: EST �!�'S-v- City Secretary MAYOR THE CITY OF CORPUS CHRISTI, 2Aq APPROVED: it DAY OF , 1976: MC., ASST-City Attorney 13040 COLLEGE WORK STUDY - -- TERMS OF AGREEMENT THE STATE OF TEXAS X C0*JNTY 017 NUECES X X This AGREEMENT, effective this 18th "day of February , 1976 is entered into between TEXAS A & I UNIVERSITY AT CORPUS CHRISTI, herein- after called the Institution, and the City of Corpus Christi , hereinafter called the Agency, for the purpose of enabling qualified students to participate in the College Work -Study Program (hereinafter called Program) under the Higher Education Act of 1965, and any amendments thereto, through employment offered by the Agency under the terms stipulated hereinafter. By entering into this AGREEMENT the Agency will receive the benefit of the services of the student or studentstemployed and the Institution will benefit by expanding its abilities to enroll needy students as a result of the funds which such students will receive through this Program. FIRST: This agreement may be terminated at any time by mutual agreement or upon 30 days written notice by either party to the other. If not terminated, it will automatically renew itself as of July 1 each year for the ensuing fiscal year beginning on that date. SECOND: All terms used herein shall be interpreted in accordance with any definitions thereof contained in the Federal statutes and regulations (Code of Federal Regulations) governing the College Work -Study Program, and this agreement, in its entirety, shall be construed so as to effectuate the purposes of that Program. THIRD: This agreement shall-supersede any and all prior-agreements between the Institution and the Agency regarding the operation of a work -study program under the provisions of the College Work -Study Program. FOURTH: This agreement may be amended only by addendum hereto executed by authorized officials of both the Institution and the Agency. • OEIFTH: • The Agency certifies that it is a public organization eligible to participate in this Program and that the work performed by students participating in this Program: (1) will be work for which the Agency's funds are available and, (2) will not result in the displacement of the Agency's employed workers or impair its existing contracts for service and, (3) will be governed by such conditions of employment as will be appropriate and reasonable in light of such factors as type of work performed, geographical location, and educational level and proficiency of the student and any applicable federal, state or local legislation and, (4) will not involve the construction, operation, or maintenance or so much of any facility as is used or is to be used for sectarian Instruction or as a place of religious worship and, (5) will not involve any partisan or nonpartisan political activity associated with a candidate, or contending faction or group, in an election for public or party office and, (6) will not be primarily for the benefit of the members of a limited membership organization, rather than 'the public and, (7) will, where possible, be related'to each individual student's educational objectives and background. SIXTH: It is agreed that the Agency shall: (1) Provide orientation to the student with regard to hours of duty, place of duties, working conditions, briefing on safety, standards of conduct and a familiarization with Agency procedures. Such orientation shall be designed to aid the student in adjusting to the job situation. (2) Provide the student with an explanation of his duties, perfor- mance requirements in terms of quality, quantity, methods and priori- ties, and the necessary basic corrective and progressive training. (3) Provide on -site supervision of the employment activities of the students. (4) Establish and maintain such.records, including time and atten- dance records, and.submit such reports as may from time to time be required by the Institution. • (5) Not permit any student to perform work on any project'under • this Program for more than 20 hours in any week in which classes in which he is enrolled are in session, or for more than 40 hours in any other week unless otherwise specified by the Institution. The Agency shall assume responsibility for payment of compensation to students for hours worked in excess of such maximum limitations. SEVENTH: Students will be made available to the Agency in a manner prescribed by the Institution for performance of specified work assignments. Students may be removed from work on a particular assignment or from the Agency by the Institution, either on its own initiative or at the request of the Agency. The Agency agrees that no student will be denied work or subjected to different treatment under this agreement on the grounds of race, color or national origin, and that it will comply with the provi- sions of the Civil Rights Act of 1964 (P.L. 88 -352; 78 Stat. 252) and Regulations of the Department of Health, Education, and Welfare which implement that Act. Subject to this provision the Agency may, after a request that a student be removed has been denied by the Institution, remove a student from employment without the concurrence of the Institution. EIGHTH: The Agency shall have the right to control and direct the services of the student with regard to the work to be accomplished and the means by which it is to be accomplished.' The Institution shall determine that the student meets the eligibility requirements for employment under the College Work -Study Program, assign students to work for the Agency, deter- mine that the students do perform their work in fact and disperse the appropriate amounts to them. NINTH: Compensation for work performed under this agreement will be paid to students by the Institution. All payments due as an employer's con- tribution under Texas workmen's compensation laws, under Federal social security laws, or under other applicable Federal or Texas laws, will be paid to the proper governmental authority by the Institution. (1) Payment to the students will be at a minimum wage of $2.30 per hour to a maximum wage of $3.50 per hour established by mutual agreement between the Institution and the Agency in accordance with a comparable wage rate of the Agency for similar work performed. (2) At such times as specified by the Institution, but not more often than monthly, the Agency shall pay to the Institution 20% of the gross compensation paid to students employed-under this Agreement. If this percentage is changed by Federal law,.the Agency agrees to pay.at the new rate. (3) In addition to the payment specified in paragraphs (1) and (2) above, at such times as specified•, the Agency shall pay 'an amount equal to any and all payments made by the Institution under this para- graph with respect to Texas workmen's compensation laws, or under Federal social security laws, or under any other applicable Federal or Texas laws. TENTH: The Institution•shall have the right to control and direct this Program in accordance with Institutional and Federal regulations. It shall establish appropriate policies with respect to such matters as the total number of students to be employed,'the hourly rate of.pay, and the total number of hours per week each student will be utilized. This paragraph shall not affect the right of the Agency to control and direct the activities as specified in the Eighth paragraph of this Agreement.- ELEVENTH: It is understood that the signing of the Terios of Agreement by the parties enables the Agency to commence employment'-of eligible students as of the date of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement in duplicate originals, each of which shall be considered an original, this the day of February, 1976. ATTEST: TEXAS A & I UNIVERSITY AT CORPUS CHRISTI Title ATTEST: CITY OF CORPUS CHRISTI City Secretary By / City Manager APPROVED: DAY OF FEBRUARY, 1976: City Attorney Director of Finance CORPUS CHRISTI TEXAS {�a ADAY OF -e/ 19Ael TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCES A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL) 1, THEREFORE REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY YOR THE CIN OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY JASON LUST DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE VOTE: VOTE: