HomeMy WebLinkAboutR-1993-063 State of WashingtonRESOLUTION NO R-93- 63
A RESOLUTION authorizing and directing the City Manager and City Clerk of
the City of Yakima to execute a Work Experience Agreement
with the Higher Education Coordinating Board, a State of
Washington agency
WHEREAS, the Higher Education Coordinating Board, a State of Washington
agency, is offering a Work Study Program and has requested the City of Yakima to
execute the attached agreement by N%hich the City N‘ould cooperate in that
program, and
WHEREAS, the City Council deems it to be in the best interests of the City
that the attached agreement be executed by the City and that the City cooperate in
the Work Study Program accordingly, noN%, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA.
The City Manager and City Clerk of the City of Yakima are hereby
authorized and directed to execute an agreement ith the Higher Education
Coordinating Board, for the purpose mentioned Apo\ e, a copy of which agreement,
entitled "State of Washington Work Study Program - Employer Contract," is
attached hereto and by reference made a part hereof
ADOPTED BY THE CITY COUNCIL this 22nd da) of June , 1993.
AF!ESI Mayor
City Clerk
(1s)res/wrkexp agrmt sc
iTATE OF WASHINGTON WORK STUDY )GRAM
EMPLOYER CONTRACT
THIS CONTRACT, entered into this 30 day of June , 19 93 , by and among the Higher Education
Coordinating Board, an agency of the State of Washington, hereinafter called the "Board;" or a public postsecondary
instit ions) actr as an instrument of the Board in the placement of students, hereinafter called the "Institution;"
and L l t y of Yakima K , an eligible Employer, hereinafter referred to as the "Employer."
WITNESSETH:
WHEREAS, the Board has been appropriated funds from the State of Washington, pursuant to RCW 286.12, to
stimulate and promote part-time educationally -related employment of students who are in need of the income from such
employment to pursue courses at institutions of postsecondary education, and
WHEREAS, the Employer is a non-profit organization or a profit-making business entity which does not have a
direct association with a controlling sectarian organization, and
WHEREAS, the Board, the institution, and the Employer desire that certain students engage in work under the
State Work Study Program authorized by RCW 286.12, and
WHEREAS, the Employer is in a position to utilize the services of such students,
NOW THEREFORE, in consideration of the mutual covenants hereinafter contained, the parties hereto agree for
themselves as follows:
A. Employer Responsibilities: General
To be eligible for and to receive reimbursement, the Employer agrees to:
1. Utilize the services of students referred to it by the Institution(s) who are eligible to participate
in the state Work Study program, who provide documentation of eligibility, and who are qualified and
acceptable to the Employer. A detailed job description and the pay range for each position must be set
forth on a "Job Description" form, or its equivalent, submitted to and approved by each participating
Institution;
2. Comply with all appropriate federal, state, and local laws;
3. Employ students to perform only work which will not:
a. Result in displacement of regular employees, impair existing contracts for services, or fill
positions which are vacant because regular employees ere involved in a tabor dispute;
b. Replace positions occupied by regular employees during the current or prior year or any
position currently or formerly occupied by Higher Education Personnel classified stiff;
c. Be sectarian -related; or
d. Involve any partisan or non-partisan political activity;
4. Ensure that the work performed by the State Work Study student will bear relationship to the student's
formal academic program and/or career interest;
5. Pay each student an hourly rate which is at Least equal to the entry level rate for comparable
positions within the employing organization;
6. Pay each student on a per -hour worked basis. The student may not be compensated on a conpt.•tion-of-
project or salaried basis;
7. Supervise in a reasonable manner the work performed by the student(s);
8. Maintain, a daily record of the hours worked by each student on a form approved by the Board for that
purpose -
9. Regutat: the number of hours worked to ensure that no student works more than an average of 19 hours
per week over the period of enrollment for which the student has received an award or a maximum of 40
hours per week during vacation periods, unless the Institution has specified that the student work
fewer hours per week, in which case the Employer will regulate the hours accordingly;
10. Notify the Institution of any change affecting the student's employment; and
11. Complete the attached Business Profile, and also provide the Institution or the Board, upon request,
additional information substantiating its eligibility as an Employer, information on its employee
classification/compensation plan, and/or a current financial statement confirming its fiscal solvency.
HECB (Rev. 03/92)
B. Employer Payroll and Reimtu lent Responsibilities:
The Employer further agrees to:
1. Pay directly to employed students by check or direct deposit their total compensation less appropriate
deductions at least once a month, at a rate of pay at least equal to the entry level salary (starting
hourly rate or wage) of comparable positions within the employing organization;
2. Bear the costs of employee benefits, including all payments due as an employer's contribution under the
State Worker's Compensation laws or Federal Employment Compensation Act (federal agencies only),
federal Social Security laws, and other applicable laws;
3. Bear the full cost of any commission, bonus, or other special compensation paid the student in addition
to the agreed-upon hourly rate of pay;
4. Claim reimbursement only for wages:
(i) that do not represent hours of work in excess of maximum number of hours subject to
reimbursement under this contract;
(ii) certified under oath as paid by check or direct deposit to students certified as eligible by
the Institution; and
(iii) for hours actually worked by the student.
5. Submit to the Institution's appropriate office a completed timesheet for each student employee hired
through the State Work Study program according to the schedule provided by the Institution. In the
event the institution does not establish a schedule, THE TIESHEET MUST BE SUBMITTED WITHIId 15 DAYS OF
THE ENO OF THE PAYROLL PERIOD;
6. Submit timesheets for any student(s) who earned compensation or was paid during the month of June to
the Institution by the deadline established by the Institution or July 10th, whichever is earlier;
T. Adhere to state labor standards by providing student employee with appropriate rest and meal periods;
8. Waive and forfeit all claims for reimbursement of compensation earned or paid to students but not
reported or submitted to the Institution as required under Section B(5) and B(6) of this Contract; and
9. Make available upon request by Board or other State of Washington personnel, its payroll records for
students paid under this Contract: for audit purposes;
C. By approving and processing Job Descriptions, the Institution(s) agree(s) to:
1. Determine which students meet the eligibility requirements for employment under the State Work Study
program in accordance with rules and regulations and guidelines established by the Higher Education
Coordinating Board;
2. Refer to the Employer only those students eligible for the program who appear to be qualified for
employment, after exercising the priorities in placing students in accordance with the rules and
regulations by which the State Work Study program is administered; and
3. Notify the Employer of any student who may become ineligible.
D. The Board agrees to reimburse the Employer for a percentage of the student's total State Work Stud financial
aid award. Reimbursement will be a percentage of the total payroll paid to students under this Contract as
stated on the Job Description form. Reimbursement will be paid monthly upon receipt of the Employer's properly
completed State Work Study timesheets which have been sent to the Institution. Public postsecondary
institution(s) may reimburse the Employer on behalf of the Board. Private postsecondary institution(s) will
forward the timesheet:s to the Board for reimbursement. No reimbursement will be made if such information is
received after the calendar deadlines established by this Contract and the Institution(s).
E. All parties agree:
1. This Contract and Business Profile, in conjunction with the Job Description form approved by each
institution, constitutes an agreement to participate in the program and to comply with the Contract
provisions;
2. The total reimbursable payroll shall consist of the hourly rate of compensation paid a student
multiplied by the number of reimbursable hours of work performed by a student. The maximum number of
reimbursable hours of work may not average more than 19 hours per week over the period of enrollment
for which the student has received a State Work Study award or exceed a maximum of 40 hours per week
during vacation periods. The Institution may specify that a student work fewer hours per week than the
maximum. The number of hours any student may work during any period must be agreed upon prior to
commencement of employment;
3. The following priorities must be exercised in the placement of students: (a) First priority must be
given to placing students in positions which are related to their educational goals or career
interests; (b) at the time of job placement, and after consideration of (a) above, no eligible
Washington resident shalt be excluded in favor of a non-resident; and (3) because it is the intent of
HECB (Rev. 03/92)
the State Wor udy program to assist those students from rate income family backgrounds who do
not qualify i other sources of financial aid, placement Juld be directed toward students with
moderate need, who, were it not for this program, would be forced to rely heavily on Loans.
4. Complaints by either the employee or Employer regarding lack of compliance -with this Contract should
be referred to the appropriate office at the Institution for settlement. If resolution cannot be
reached, appeal may be made to the Higher Education Coordinating Board;
5. This Contract shalt be subject to the availability of funds granted for this program. It shalt also
be subject to the provisions of RCN 286.12, the regulations adopted thereunder, and all legislation and
regulations pertaining to the State Work Study program adopted subsequently;
6. This Contract may be terminated by the Board or the Employer if there is failure by the other party to
comply with its provisions; and
7. This Contract will remain in effect until the end of the academic year, which is June 30 immediately
following the effective date of this Contract. The Contract may be renewed by the Employer for the
subsequent academic year by completing a renewal form which will be mailed to the Employer prior to the
expiration date.
IN WITNESS HEREOF, the parties hereto have executed
BY:
of EnpN5;714
er
RepresentVEZZCZ
ative
tative
Richard A. Zais, Jr.
Name of Employer Representative
(Print or Type)
Date
Attest:
11/1 45-3
Karen_.Roberts,City Clerk•.
L' r
For the Higher Education Coordinating Board (or
public-postsecory institution representative)
Title
this contract the day and year first above written.
EMPLOYER INFORMATION (Print or Type)
Cityfof Yakima
Name o Employing Business/Organization
129 North 2nd Street
Address (Print or Type)
Yakima, WA 98901
(509 ) 575-6000
Area Code, Telephone Number
Business is: Incorporated Yes X No
x Municipal Gov't.
Non-profit Public
For-profit
91-6001293
Private
IRS Federal Employer Identification Number
(Contract will not be approved if left blank)
Same as above
Address to which reimbursement should be sent, if
different from above.
The completed Employer Contract and Business Profile should be mailed by the employer to:
Student Financial."Ati
Ni:,gherdtiicafpri` `.�1ir�itj'in'b "Board
Oiy
NECB (Rev. 03/92)
4.-.43p
CITY CONTRACT NO: C,3 --b';-2
12-8 3 Co'
BUSINESS/ORGANIZATION PROFILE
FOR W''HINGTON STATE WORK STUDY''MPLOYERS
Instructions: Complete the form by printing or typing responses and return to the Higher Education
Coordinating Board with the Employer Contract.
1. Name of Business/Organi7ation: City of Yakima
2. Owned/Operated By: City of Yakima
3. Nature of business or description of goods or services provided: (Attach annual report or summary
publication if you prefer.)
Government Municipality
4. Describe composition of Board of Directors/Corporation, if applicable:
City Manager/City Council form of government
5. Number of years in operation:
Chartered in 1959
Incorporated Jan. 27, 1886
6. Number of employees: Full-time 60 0 Part-time 200 State Work Study _ 0 _
7. Are you currently participating in the State Work Study program, and, if so, through which
institution(s):
No
8. Have you experienced any cash flow problems within the past two years that would make it difficult
to compensate State Work Study students on a regular basis? If so, please explain on the back of
this form.
No
9. Have you ever been a defendant in a consumer protection action? If so, please explain on the back
of this form.
No
10. Have you ever been involved in a labor dispute? If so, please explain on the back of this form.
As a municipality, we work with a number of labor groups and some
result in labor lis ute.s.
11. Does your organization participate in any political activity or have a religious affiliation? If so,
please explain on. the back of this form.
No
HECB (Rev. 1/90)
City Manager
Title
FUR WASHINGTON STATE 1'1'ORh Si Oil' E,N1i1LUi LRS
Ib.structions: Complete the form by printing or typing responses and return to the Higher Education
Coordinating Board with the Employer Contract.
Name of Business/Organization: City of Yakima
2. Owned/Operated By: City of Yakima
3. Nature of business or description of goods or services provided: (Attach annual report or summary
publication if you prefer.)
Government Municipality
4. Describe composition of Board of Directors/Corporation, if applicable:
City Manager/City Council form of government
5. Number of years in operation: Chartered in 1959 Incorporated Jan. 27, 1886
6. Number of employees: Full-time 6 00 Part-time 200 State Work Study _ 0 -
Are you currently participating in the State Work Study program, and, if so, through which
institution(s):
No
8. Have you experienced any cash flow problems within the past two years that would make it difficult
to compensate State Work Study students on a regular basis? If so, please explain on the back of
this form.
No
9. Have you ever been a defendant in a consumer protection action? If so, please explain on the back
of this form.
No
10. Have you ever been involved in a labor dispute? If so, please explain on the back of this form.
As a municipality, we work with a number of labor groups and some
result in labor dis ute.s.
11. Does your organization participate in any political activity or have a religious affiliation? If so,
please explain on the back of this form.
No
S\54%54.0% • City Manager
Signature
HECB (Rev. 1/90)
Title