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HomeMy WebLinkAboutR-85-01631 Im J-85-130 M } Y RESOLUTION NO. —163 s A RESOLUTION AUTHORIZING THE EMPLOYMENT OF UP TO SIX LEGAL CLERKS IN ACCORDANCE WITH THE ATTACHED COLLEGE WORK STUDY PROGRAM OFF -CAMPUS PROJECT AGREEMENT BETWEEN THE CITY OF MIAMI AND THE UNIVERSITY OF MIAMI, USING BUDGETED FUNDS OF THE LAW DEPARTMENT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY AGREE- MENTS TO IMPLEMENT THE HEREIN AUTHORIZATION. WHEREAS, the University of Miami is capable and desirous of stimulating and promoting the employment as law clerks those qualified students who are in need of income from such employment to pursue courses of study at the University of Miami Law School; and WHEREAS, the University of Miami under the Federally Subsidized Work -Study Program, pays 70% of the law clerks' hourly compensation while employed under the Program; and WHEREAS, the balance of funding for the employment of the law clerks will be from currently budgeted funds of the Law Depart- ment; and WHEREAS, the law clerks will perform work which will contribute to their long range professional goals; and WHEREAS, the City Attorney considers it feasible to secure certain services for the Law Department which services may be rendered by law clerks; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The employment of up to six law clerks in accordance with the attached College Work -Study Program Off -Campus Project Agreement between the City of Miami and the University of Miami is hereby authorized, using budgeted funds of the Law Depart- ment. Section 2. The City Manager is hereby authorized to execute the necessary agreements to implement the herein authorization. CITY COMMISSION MEETIT-JG OF FEB 14�j1985 �RESOLUIU, 1w. V�~�C➢�- (REMARKS ___ ' PASSED AND ADOPM this day Of ._t@brLikjty_..► Mauridd A. Pgrr_e - MAYOR ATTEST.- RAL G. ONGIE ity Clerk PR D AN - P E E DR VI ELLO -Assistant Ci Attorney APP VED 0 FO AND CORRECTNESS: City Attorney CITY OF WANMI. FLOR?nA. INTER -OFFICE MEMORANDUM T , [ ATF January 30 , 198 5 L" Honorable r a d Members of y the Cit o iss'on E Resolution Authorizing Employment of Six Law Clerks (University of Miami Work - Study Program) Lucia A. Doug her y nf�'�"°��=f` City Attorney E N,., L C: > J P E-S It is recommended that the City Manager be authorized to enter into an Agreement in substantially the form attached hereto with the University of Miami for employment of up to six law clerks in the Law Department from the University of Miami Work -Study Program for the purpose of securing those services which may be rendered by law clerks. The University of Miami, under the federally subsidized Work - Study Program, pays 70% of the law clerks' hourly compensation. The balance of the funding for the employment of the law clerks will be from currently budgeted funds of the Law Department. LAD:AV:bf cc: Randolph B. Rosencrantz City Manager Ralph G. Ongie City Clerk SS-1f 3.. CULL-RGE WOR(-STUDY PROGRAM 4 ;,_. OFF--AMPUS PFI),= AGREFKEttr 1 711IS AGREEMENT entered into this day of 19 , by and between the UNIVERSITY OF MIAMI hereinafter known as the "Institution" and City of Miami , hereinafter }mown as the 1 "City"'. j W I T N E S S E T H WHEREAS, the Institution has applied for a grant by the Secretary j of Education pursuant to Title IV, Part C, of the Higher Education Act of 1965, Public Law 89-329, to stimulate and promote the employment of students who are in need of the income from such employment to pursue courses of study at the Institution, and WtMRF.AS, the Institution and the City desire that certain • of the Institution's students engage in work for public and private, non-profit organizations under the College Work -Study Program authorized by the Act, and �. WHMMAS, the City is in a position to utilize the services of such students, NOW, SORE, the parties hereto agree as follows: 1. Students will be made available to the City by the Institution to perform specific work assignments. 2. Students may be removed fron work on a particular assignment or fr6m the City by the Institution, either on its own initiative or at the request of the City. Students 85-163. _ themselves, upon ten (10) days notice, shall have the right to terminate employment. 3. The hourly rates of pay will be determined by the City College Ubrk-Study supervisors with approval from the Institution and based on the attached schedule. 4. Subject to approval by City, the Institution will select the students to be employed. 5. The work performed by said students will be an extension of the student's long-range vocational goal, whenever possible. The work performed by students under this agreement shall be in the public interest and consistent with the purpose of the Higher Education Act of 1965. 6. The work performed by said student shall not ' a. Displace employed workers or impair existing contracts for services; b. Involve any partisan or nonpartisan political activity associated with an election for public or party office; C. Involve the construction, operation, or maintenance of any part of a facility used or to be used for sectarian instruction or as a place for religious worship; d. Fill jobs that are vacant because the employer's regular employees are on strike; e. Involve lobbying on the Federal level; or f. Include employment for the U.S. Departnest of Education. 7. Me City agrees to a. Responsibly supervise the services of students participating in the College Work -Study Program, provide proper working conditions and provide non -privileged information in connection with the project upon request of the Institution; b. Furnish to the Payroll department of the institution for each payroll period the following records for review and retention: time reports identifying the period of work, the name of each student, each student's hourly wage rate (except for graduate students on a salary basis), the number of hours each student worked each week, each student's gross pay, and the supervisor's certification as to the accuracy of the hours reported and of satisfactory performance on the part of the student; C. Allow no student to work more than twenty (20) hours a week, except during vacation periods, and then not more than 40 hours per week. d. Allow no student to work if he or she is not currently enrolled in the Institution (summer sessions excluded); e. Maintain class and work schedules for all students enployed for a period to be determined by the Institution; f . Allow no student to earn more than the total a m mt of his/her College Work -Study Program award as determined by the Institution. Institution must notify City in writing of total award eligible; g. Pay to the Institution, at the end of each pay period established by the Institution, thirty percent (30%) of the total compensation to be paid to students 85-if 3. - /` N 8. participating in the projects under this agreement; h. The City will pay, by way of reimbursement to the Institution, or in advance, an amount equal to any and all payments required to be made by the Insti- tution under state and local workers' compensation laws, or under any other applicable laws, on account of students participating in projects under this Agreement; i. The City agrees to maintain for itself or other participants working under this subcontract a policy of liability insurance or be self -insured. A certificate of insurance or letter confirming this coverage will be supplied to the University of Miami within 30 days after signing this agreement. The Institution agrees to be responsible for a. Determining both the eligibility of students on the basis of financial need and their College Work -Study Program awards in accordance with regulations established by United States Depart- ment of Education; \ b. Determining the relevance of student's academic and/or vocational objectives to the employment to be provided; C. Determining students' academic eligibility; d. Determining appropriate and reasonable compen- sation to be paid to students participating in projects under this agreement; and 85-163._ e. Payment of students' compensation from funds provided for this purpose by the United States Department of Education and the City. 9. Transportation for students to and from their work assignments will not be provided by either the Insti- tution or the City, unless otherwise agreed by the City. 10. The City agrees that no student will be denied work or be subjected to different treatment under this Agreement on the basis of race, color, national origin or sex. It further agrees that it will comply with the provisions of the Civil Rights Act of 1964 and Title IX of the Edu- cation Amendments of 1972 and the regulations of the i' Department of Education which implements those adts. 11. The City will be responsible for all employees Workers' Compensation benefits and liability insurance in connec- tion with such employment for the Institution's students. The City is considered the employer for purposes of this Agreement. It has the right to control and direct the services of the student, not only as to the result to ke _ accomplished, but also as to means by which the result is to be accomplished. The Institution is limited to determining that the students meet the eligibility requirements for employment under the College Work -Study Program, to assigning students to work for the City and to determine that the students do perform their work in fact. 12. This Agreement shall be subject to the availability of funds to the Institution for the portion of the students' 85-163-- YE 1 a I /`1 compensation to be paid by the Institution and subject to the availability of funds for the portion of the compensation to be paid by the City. It shall also be subject to the provisions of the Higher Education Act of 1965, the regulations adopted thereunder, and all legislation and regu- lations pertaining to the College Work -Study Program adopted subsequently. 13. This Agreement may be cancelled by either party after ten (10) days written notice to the other party with or without cause. 14. This Agreement shall terminate on the 30th of June 1985. 15. The City agrees to indemnify and hold harmless the Institution, its trustees, officers, directors and employees from any and all loss, liability, damage, claims, actions or causes of action arising out of a student's employment pursuant to this Agreement. 85-163_-. tt� 1itSr t ti }� sic - t@d this Agt1t dapam Y@& first abvm mtidfied& sl tnst ttltib�i �R aNALD b, SOWALb Coral dablesp PI. 23124 � (.a,,;, ,..► City Clerk SIQ�AT[TRE City of Miami 169 E. Flagler Street Suite Miami, Florida 33131 Address Randolph B. Rosencrantz NAME Ci_ ty Manager a^ITIZ 12/84 Office of Financial Assistance Services University of Miami Copies: Original -University of Miami Carron-CityQTY A'.!d 1:1EY A11. FLor.�p.