HomeMy WebLinkAboutAgreement A-22-221 with SJCL.pdf Agreement No. 22-221
1 FEDERAL WORK STUDY AGREEMENT
2 This Agreement is entered into on June 18, 2022 between:
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San Joaquin College of Law (SJCL)
4 and
5 County of Fresno, Office of the District Attorney
6 County of Fresno, Office of the District Attorney, shall be referred to as "Agency" for the purpos
of providing work to students eligible for the Federal Work-Study Program (FWS).
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8 This Agency is: (check those appropriate)
9 X A public organization: Federal State_County_X_City_Other
10 A private non-profit organization.
11 Schedules to supplement this Agreement from time to time, bearing the signature of an authorize
12 official of SJCL and of Agency, will set forth:
13 ■ brief descriptions of the work to be performed by students under this Agreement;
■ the name of the student to be employed;
14 ■ the hourly rate of pay, which shall not be less than the applicable minimum wage;
15 ■ the actual number of hours per week each student will be utilized; and
■ the total amount of earnings and approximate number of hours for which the student i
16 eligible;
17 ■ date range of eligible employment.
18 Any or all of these may be changed from time to time upon written Agreement between SJCL an
the Agency.
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Furthermore, it is agreed that:
21 1) This Agreement shall become effective June 18,2022, and shall remain in effect through Jun
17, 2023 ("Term"). Unless either party notifies the other party in writing of its intent to terminat
22 the Agreement at least thirty (30) days prior to.the end of the Term or the end of any extensions
23 this Agreement shall be automatically extended for two (2) additional one (1) year periods.
24 2) The work is to be performed for a public or private non-profit organization. The organizatior.
agrees that the job announcement will be distributed to SJCL students. The organization will
25 provide SJCL a complete job description of work to be performed that includes the following:
26 ' Organize case files for lawyers in preparation for trial
• Observe preliminary hearings, trials and other court proceedings
27 • Perform legal research and writing projects
• Help attorneys prepare for trial by organizing files and gathering information
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1 0 Review police reports and other legal documents
2 0 State Bar Certified Students may:
• Argue motions and make supervised appearances in court
3 • Conduct felony preliminary hearings and misdemeanor prosecutions
4 3) The work will not result in the displacement of employed workers or impair existing contract
5 for services.
6 4) The Agency agrees that no student will be denied work or be subjected to different treatmen
under this Agreement on the grounds of race,color, sex,physical handicap, or national origin,an
7 it will comply with the provisions of the Civil Rights Act of 1964(P.L. 88-352; 78 Stat. 252)an
8 Title IX of the Education Amendments of 1972 (P.L. 92-318), and the Regulations of the
Department of Education which implement those Acts.
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10 5) The work will be governed by such conditions of employment, including compensation,as wil
be appropriate and reasonable in light of such factors as type of work performed, geographica
I I region, and experience of the employee.
12 6) The work does not involve use of a motor vehicle,the construction, operation or maintenance
of so much of any facility as is used, or is to be used, for sectarian instruction or as a place o
13 religious worship.Further,no project may include political activity or work for any political party.
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7)Agency shall provide reasonable supervision for the employee.Agency shall have the obligation
15 to provide adequate and reasonable direct supervision of the work performed by students unde►
the supervision of an attorney, shall provide proper working conditions, and shall permit SJCL t
16 inspect the premises if it elects to do so. Agency agrees to maintain and make available to SJC
17 the names of Agency supervisors authorized to sign student compensation time cards, and t
provide SJCL with a record of hours worked weekly by each student,as attested to by an authorize
18 official of the Agency.
19 8) Each student will be assigned the current minimum wage for the State of California, which i
20 greater than the Federal minimum wage. Based on limited federal funding, and an established
salary scale, SJCL reserves the right to give final approval of all student wage rates.
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9) Agency will submit, on a semi-monthly basis, a list of hours worked by each student, and
22 statement of each student's satisfactory performance, on forms supplied by SJCL. Agency will b
23 responsible for 100% of any compensation owed to the student for hours worked if the studen
exceeds his or her maximum Federal Work-Study award amount, any overtime hours and/o
24 missed break or meal penalties.The Agency is prohibited from accepting voluntary services from
25 any paid student employee,pursuant to the Fair Labor Standards Act of 1938 as amended.
26 10) Number of Hours:Both the Agency and SJCL have the right to specify that students work less
than the following maximums based on student availability,job requirements or funding:
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I (a) During the academic semester, the Agency should not expect to employ a full tim
2 student(3-Year Program),more than 8 hours per day,and no more than 20 hours per week
In regards to a part-time student(4-Year Program),the student is eligible to work no mor
3 than 8 hours per day and no more than 40 hours per week.
4 (b) During the summer vacation and other regular vacation periods, students may b
employed up to 8 hours a day and shall not exceed 40 hours a week. This is not intende
5 to limit the right of the student or Agency in the matter of employment for additional hour
6 or periods of time for which compensation is to be paid from sources other than Federal
Work-Study funds.
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11) Students will be made available to Agency by SJCL for employment by signed authorization
8 only. Authorizations must be revised for each academic year and the summer program.
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12) Students may be removed from employment by SJCL, either on its own initiative or at the
10 request of Agency.
11 13) Each student will be paid by SJCL based on the established hourly rate and number of hour
12 worked. Agency will be billed on a monthly basis for its share of the student's earning, if pre-
payment has not already been made, and will cover 25% of the student's salary including an
13 additional required costs such as Worker's Compensation Insurance. Requests for alternativ
14 payment arrangements should be directed to the Accounting Department at SJCL, and are subjec
to approval.
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14) In compliance with the California Healthy Workplaces, Healthy Families Act of 2014, an
16 employee who works 30 or more days for any employer in California is eligible for Paid Sic
17 Leave (PSL). Part-time work study students will earn 1 hour of paid leave for every 30 hour,
worked,which will include all regular and overtime hours worked.Accrual will begin on the firs
18 day of employment and there is no waiting period to begin to utilize the accrued leave. Hours ma
be used as they are accrued. PSL hours will be capped at 48 hours.The work study program doe
19 not cover such benefits. If any accrued sick hours are utilized,it shall be at SJCL's expense.
20 15) SJCL will be the sole judge of the eligibility of students for employment with Agency under
21 the Federal Work-Study Program. SJCL shall have complete responsibility for transmitting t
Agency the names of all eligible,interested students, and will facilitate on-campus interviews fo
22 Agency. SJCL will disburse appropriate compensation to students for work performed under thi
23 Agreement for Agency. The general type of work and tasks to be performed are outlined in thi
Agreement under Section 2;both the Agency and SJCL agree that if the general nature of the wor
24 should change, SJCL will be notified,and will have authority to approve job changes through the
Federal Work Study Program.
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16) Eligible students will need to follow the Student Internship Program guidelines for La,"26 Student Interns located on the Fresno County District Attorney web site, and follow the
27 Application Process and time lines to be considered for interviews. If prospective student intern
make it through the interview process, they must complete and pass a comprehensive background
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I investigation at Agency's expense.Failure to submit and/or pass the background investigation wi I
2 disqualify the prospective student intern from further consideration.
3 17) Agency will have the authority to direct and control the details of each student's work,and the
means by which the tasks are accomplished. Agency will be responsible for the continuous, day
4 to-day supervision of each student's work.
5 18) SJCL will have the right to make reasonable inspections of Agency's premises, and to requir
6 Agency to answer promptly in writing reasonable inquiries to determine that the student'
employment and working conditions are consistent with this Agreement, applicable federal an
7 state law,and the purposes of the Federal Work-Study Program.
8 19) For the purpose of applicable Worker's Compensation laws, SJCL will be deemed the genera
9 employer of the student under this contract; Agency will be deemed the special employer of the
student under this contract. SJCL and Agency waive any and all rights against each respective
N party regarding subrogation against each other regarding Workers' Compensation.
11 Without limiting the Agency's right to obtain indemnification from SJCL or any third parties
12 SJCL, at its sole expense, shall maintain in full force and effect, the following insurance policie
or a program of self-insurance, including but not limited to,an insurance pooling arrangement or
13 Joint Powers Agreement(JPA)throughout the term of the Agreement:
14 Commercial General Liability Insurance with limits of not less than One Million Dollar
($1,000,000.00)per occurrence and an annual aggregate of Two Million Dollars($2,000,000.00)
15 This policy shall be issued on a per occurrence basis. Agency may require specific coverage
including completed operations, products liability, contractual liability, Explosion-Collapse
16 Underground, fire legal liability or any other liability insurance deemed necessary because of the
nature of this contract.
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18 20) Agency will hold harmless, indemnify, and defend SJCL against and for any and all claim
for property damage or personal injury to any person, including the student(except claims mad
19 by the student under the Worker's Compensation law), arising directly out of the student'
20 employment by the Agency or his/her presence on the premises of the Agency,if such damages o
personal injury are caused by the performance,failure to perform,or negligence of Agency under
21 this Agreement.
22 SJCL will hold harmless, indemnify, and defend the Agency against and for any and all claim
unpaid wages,for property damage or personal injury to any person,including the student(except
23 claims made by the student under the Worker's Compensation law), arising directly out of the
24 student's employment by the Agency, or his/her presence on the premises of the Agency, if sucfi
damages or personal injury are caused by the performance, failure to perform, or negligence o
25 SJCL under this Agreement.
26 21) NOTICES - The persons and their addresses having authority to give and receiv
27 notices/invoices under this Agreement include the following:
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I III to SJCL: If to Agency
2 Beth Pitcock Lisa Smittcamp
3 Director,Human Services District Attorney
901 5'h Street 2100 Tulare Street
4 CIovis, CA 93612 Fresno, CA 93721
5 All notices between Agency and SJCL provided for or permitted under this Agreement must be i
6 writing and delivered either by personal service, by first-class United States mail,by an overnigh
commercial courier service, or by telephonic facsimile transmission. A notice delivered b
7 personal service is effective upon service to the recipient. A notice delivered by first-class Unite
States mail is effective three (3) Agency business days after deposit in the United States mail,
8 postage prepaid,addressed to the recipient. A notice delivered by an overnight commercial courier
9 service is effective one (1) Agency business day after deposit with the overnight commercial
courier service, delivery fees prepaid, with delivery instructions given for next day delivery,
10 addressed to the recipient. A notice delivered by telephonic facsimile is effective whe
11 transmission to the recipient is completed (but, if such transmission is completed outside o
Agency business hours,then such delivery shall be deemed to be effective at the next beginnin
12 of a Agency business day), provided that the sender maintains a machine record of the complete
transmission. For all claims arising out of or related to this Agreement, nothing in this sectio
13 establishes, waives, or modifies any claims presentation requirements or procedures provided b
14 law, including but not limited to the Government Claims Act (Division 3.6 of Title 1 of the
Government Code, beginning with section 810).
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22)Except as to matters governed by federal law,this Agreement shall be governed by the laws o
16 the State of California, including the Worker's Compensation law of the State of California.
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I IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and
2 year first hereinabove written.
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SAN JOAQUIN COLLEGE OF COUNTY OF FRESNO
4 LAW
5 te
6 Authorized Signature) Brian Pacheco, Chairman of the Board of
�^ Supervisors of the County of Fresno
7 J QP7I GC 1�N�D�
Print Name&Title
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901 5th Street
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10 Clovis,CA 93612
Mailing Address ATTEST:
11 Bernice E. Seidel
Clerk of the Board of Supervisors
12 County of Fresno, State of California
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By:
15 Deputy
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18 FOR ACCOUNTING USE ONLY:
19 ORG No.: 2860
Account No.: 7295
20 Fund No.: 0001
21 Subclass No.: 10000
Requisition No.: N/A
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