HomeMy WebLinkAboutAgreement A-19-269 with SJCL.pdf2
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FEDERAL WORK STUDY AGREEMENT
This Agreement is entered into on June 18 , 2019 between:
San Joaquin College of Law (SJCL)
and
Agreement No. 19-269
County of Fresno, Office of the District Attorney
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).
This Agency is: (check those appropriate)
__ll_ A public organization: Federal __ State _County _x__ City_ Other __
__ A private non-profit organization.
Schedules to supplement this Agreement from time to time, bearing the signature of an authorize
official of SJCL and of Agency, will set forth:
• brief descriptions of the work to be performed by students under this Agreement ;
• the name of the student to be employed;
• the hourly rate of pay, which shall not be less than the applicable minimum wage;
• 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
eligible ;
• date range of eligible employment.
Any or all of these may be changed from time to time upon written Agreement between SJCL an
the Agency. ·
Furthermore, it is agreed that:
1) This Agreement shall become effective June 18, 2019, and shall remain in effect through Jun
17 , 2020 ("Term"). Unless either party notifies the other party in writing of its intent to tenninat
the Agreement at least thirty (30) days prior to the end of the Term or the end of an y extensions
this Agreement shall be automatically extended for two (2) additional one (1) year periods.
2) The work is to be performed for a public or private non-profit organization. The organizatio
agrees that the job announcement will be distributed to SJCL students. The organization wil
provide SJCL a complete job description of work to be performed that includes the following :
• Organize case files for lawyers in preparation for trial
• Observe preliminary hearings , trials and other court proceedings
• Perform legal research and writing projects
• Help attorneys prepare for trial by organizing files and gathering information
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•Review police reports and other legal documents
•State Bar Certified Students may:
•Argue motions and make supervised appearances in court
•Conduct felony preliminary hearings and misdemeanor prosecutions
3)The work will not result in the displacement of employed workers or impair existing contract
for services.
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
it will comply with the provisions of the Civil Rights Act of 1964 (P.L. 88-352; 78 Stat. 252) an
Title IX of the Education Amendments of 1972 (P .L. 92-318), and the Regulations of th
Department of Education which implement those Acts.
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
region, and experience of the employee.
6)The work does not involve use of a motor vehicle, the construction, operation or maintenanc
of so much of any facility as is used, or is to be used, for sectarian instruction or as a place o
religious worship. Further, no project may include political activity or work for any political party
7)Agency shall provide reasonable supervision for the employee. Agency shall have the obligatio
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
inspect the premises if it elects to do so. Agency agrees to maintain and make available to SJC
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
official of the Agency.
8)Each student will be assigned the current minimum wage for the State of California, which i
greater than the Federal minimum wage. Based on limited federal funding, and an establishe
salary scale, SJCL reserves the right to give final approval of all student wage rates.
9)Agency will submit, on a semi-monthly basis, a list of hours worked by each student, and
statement of each student's satisfactory performance, on forms supplied by SJCL. Agency will b
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
missed break or meal penalties. The Agency is prohibited from accepting voluntary services fro
any paid student employee, pursuant to the Fair Labor Standards Act of 1938 as amended.
10)Number of Hours: Both the Agency and SJCL have the right to specify that students work les
than the following maximums based on student availability, job requirements or funding:
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(a)During the academic semester, the Agency should not expect to employ a full tim
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
than 8 hours per day and no more than 40 hours per week.
(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
to limit the right of the student or Agency in the matter of employment for additional hour
or periods of time for which compensation is to be paid from sources other than Federa
Work-Study funds.
11)Students will be made available to Agency by SJCL for employment by signed authorization
only. Authorizations must be revised for each academic year and the summer program.
12)Students may be removed from employment by SJCL, either on its own initiative or at th
request of Agency.
13)Each student will be paid by SJCL based on the established hourly rate and number of hour
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
additional required costs such as Worker's Compensation Insurance. Requests for altemativ
payment arrangements should be directed to the Accounting Department at SJCL, and are subjec
to approval.
14)In compliance with the California Healthy Workplaces, Healthy Families Act of 2014, an
employee who works 30 or more days for any employer in California is eligible for Paid Sic
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
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
not cover such benefits. If any accrued sick hours are utilized, it shall be at SJCL's expense.
15)SJCL will be the sole judge of the eligibility of students for employment with Agency unde
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
Agency. SJCL will disburse appropriate compensation to students for work performed under thi
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
should change, SJCL will be notified, and will have authority to approve job changes through th
Federal Work Study Program.
16)Eligible students will need to follow the Student Internship Program guidelines for La
Student Interns located on the Fresno County District Attorney web site, and follow th
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 backgroun
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investigation at Agency's expense. Failure to submit and/or pass the background investigation wil
disqualify the prospective student intern from further consideration.
17)Agency will have the authority to direct and control the details of each student's work, and th
means by which the tasks are accomplished. Agency will be responsible for the continuous, day
to-day supervision of each student's work.
18)SJCL will have the right to make reasonable inspections of Agency's premises, and to requir
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
state law, and the purposes of the Federal Work-Study Program.
19)For the purpose of applicable Worker's Compensation laws, SJCL will be deemed the genera
employer of the student under this contract; Agency will be deemed the special employer of th
student under this contract. SJCL and Agency waive any and all rights against each respectiv
party regarding subrogation against each other regarding Workers' Compensation.
Without limiting the Agency's right to obtain indemnification from SJCL or any third parties
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 o
Joint Powers Agreement (JPA) throughout the term of the Agreement:
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)
This policy shall be issued on a per occurrence basis. Agency may require specific coverage
including completed operations, products liability, contractual liability, Explosion-Collapse
Underground, fire legal liability or any other liability insurance deemed necessary because of th
nature of this contract.
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
by the student under the Worker's Compensation law), arising directly out of the student'
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 unde
this Agreement.
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 (excep
claims made by the student under the Worker's Compensation law), arising directly out of th
student's employment by the Agency, or his/her presence on the premises of the Agency, if sue
damages or personal injury are caused by the performance, failure to perform, or negligence o
SJCL under this Agreement.
21)NOTICES -The persons and their addresses having authority to give and receiv
notices/invoices under this Agreement include the following:
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lfto SJCL:
Beth Pitcock
Director, Human Services
901 5 th Street
Clovis, CA 93612
If to Agency:
Lisa Smittcamp
District Attorney
2220 Tulare Street, Suite 1000
Fresno, CA 93721
All notices between Agency and SJCL provided for or permitted under this Agreement must be i
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
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
postage prepaid, addressed to the recipient. A notice delivered by an overnight commercial courie
service is effective one (1) Agency business day after deposit with the overnight commercia
courier service, delivery fees prepaid, with delivery instructions given for next day delivery
addressed to the recipient. A notice delivered by telephonic facsimile is effective whe
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
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
establishes, waives, or modifies any claims presentation requirements or procedures provided b
law, including but not limited to the Government Claims Act (Division 3.6 of Title 1 of th
Government Code, beginning with section 810).
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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IN WITNESS WHEREOF , the parties hereto have executed this Agreement as of the day and
year first hereinabove written.
SAN JOAQUIN COLLEGE OF
LAW
~~
UhnicePearson ,
Dean
Print Name & Title
901 5th Street
Clovis, CA 93612
Mailing Address
FOR ACCOUNTING USE ONLY:
ORG No.: 2860
Account No.: 7295
Requi s ition No.: N I A
By :
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COUNTY OF FRESNO
Nathan Magsig , Chairman of the Board of
Supervisors of the County of Fresno
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
Deputy
♦♦♦♦♦♦♦ u SAN JOAQUIN
COLLEGE OF LAW
June 18,2019 Traci Fritzler
Assistant District Attorney Fresno County District Attorney's Office 2220 Tulare Street, Suite I 000
::
no,
::;::::ame rfJ,,:::\ ,,Rev;sed Supplement to the Agreement '"'iJJJ)tJt£ W,
::�:::,::::::authorization supplements the FederaE)\W�:::::,,%8'.ement :;���i\11!:orization to employ San Joaquin College of Law student, (Nam.�);#r{ii-ie"F'ea.�tal W6f.k\�Judy positig�\Vlth the County of Fresno, District Attorney's Office, effective (Date)?\:{{\\..···--:::::Iii\ '\::\}}::::::::... . .. ::::f:f:/}:\
(Student Name) is eligible to work up to 32:;g�:ij};� ... a �;:ura4r.indHhe period �::;�fgw��:; June 10, 2019 -July 19,2019. The student has been given an hourly -wig¥\:ff;:$J2.00 ·-i:t@{fjnal FWS award of $2,304.00. The work eligibility is approximately 192 total hours. Th�{��p:�cyi_s,or md§tfa.ign the Federal Work-Study time sheets twice each month and must make sure t�.� ... hours do nof¥�i;eJd:::-hi.�. work��tqgy eligibility. Any unauthorized hours cannot be paid under the work-stµ4ytJ'>.t9.gram. Thi::Fair i.,"[flJbnStandSttls Act ofJ938 as amended prohibits
employers from accepting voluntdfj/sefJibes . ..from ah.y .. :paid"/tfhbloyee. Students employed under Federal Work Study are subj1:J;::::: .. this Actkftt:::n::::;;::::::\{:::{{}():;;/::::::::::::::iI\.:.···:::::\:::::Time sheets for each pa:Y::fi'er;igq..)nust be su�r,h�tted to··satj\Joaquin College of Law no later than the first working day after the 15th of eacl-t \nonff{fuJqJhe first 'wdrking day"after last day of each month. Scanned or faxed time sheets are acc�p�able to p�d��s.s pJYiS.I.H:JJ.µt an ·atigi.nal time sheet must also be submitted. San Joaquin College of Law wi!ki1.i§1he student.+{xtye a m.2.#tili:&n4>:!?ilf'tfie County of Fresno, District Attorney's Office once a moijtp for 25% of the ifrµ:q�n.Cfeamingsf:per the agreement, which is due upon receipt of invoice.
This schedJl:@fa�?t�.8Hl¢.4,\gyJµe ·:Ji,�;r authorized to act on behalf of and bind the County of Fresno, DistrictAttorney's Offid�\irfrFb§Hiei)::>,_�_ari\�f:::�an Joaquin College of Law, will serve to supplement the Federal Work-Study Agreement. ·\:)};,IN WITNESS THEREO:f:.,J.li,:;:&:Lnty of Fresno, District Attorney's Office and San Joaquin College of Law have executed this supplertWfr1t to the Agreement. San Joaquin College of Law:
By: _________ _ Name: Janice Pearson, Dean Date: -----------
County of Fresno, District Attorney's Office:
By: ________ _ Name: Traci Fritzler Title: Assistant District Attorney Address: 2220 Tulare Street, Suite 1000 Fresno, CA 93 721 Date: ----------901 5th Street, Clovis, CA 93612, 559/323-2100, 800/522-0994, Fax 559-323-5566 www.sjcl.edu