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HomeMy WebLinkAboutContracts & Agreements_202-2018 Memorandum of Understanding Between the San Bernardino Community College District and City of Redlands For Off-Campus Work-Study Placement of Crafton Hills College Campus Students This memorandum of understanding for off-campus work study placement("MOU") is entered into this Oh day of November, 2018, by and between the San Bernardino Community College District ("DISTRICT") and City of Redlands ("CITY") District and City are sometimes individually referred to herein as a"Party"and,together,as the"Parties" RECITALS WHEREAS, DISRICT and City desire to form a partnership in support of DISTRICT'S Student Worker Program on the terms and conditions specified below, NOW THEREFORE, in consideration of the mutual promises contained herein, DISTRICT and City agree as follows AGREEMENT 1 RESPONSIBILITIES OF CITY A Provide support to DISTRICT'S Increasing Student Engagement, Employment, and Knowledge ("ISEEK") in the form of student employment site and skills training along with other funded Student Worker Programs B Provide facility,tools, equipment and supplies as maybe deem necessary to the work experience C Train students as to the company's procedures and duties D Monitor student's time cards and ensure that students do not work more than fifteen (15) hours each week and no more than eight(8) hours in one day E. Submit completed student timesheets to DISTRICT no later than the 121h of each month F Monitor progress of students via evaluation,progress reports and completeness of a student performance objective G CITY reserves the right of approval of students provided by DISTRICT 2. RESPONSIBILITIES OF DISTRICT A Provide students who will provide support to CITY B Provide orientation to students C Provide information and any updates on timesheet reporting D Process payroll for students E Provide students with support for any work related issues F Meet with CITY staff as appropriate G Include students in its Workers' Compensation Insurance coverage Page 1 of 3 L%caldjmlAgreementslCrafton College MOU Off Campus Work Study Master 2018 2019 doex 3. TERM The Term of this MOU shall be from November 6, 2018, to June 30, 2019 4 TERMINATION This MOU may be canceled by either Party without cause by seven (7) calendar days prior written notice to the other Party 5. RELATIONSHIP OF PARTIES DISTRICT and CITY herby agree and acknowledge that CITY, in providing the services herein specified, is and at all times acting as an independent contractor As such, CITY shall have the right to determine the time and the manner in which the contracted services are performed DISTRICT shall not have the right to control or to determine the results to be attained by the work of CITY, nor the details, methods, or means by which that result is to be attained CITY shall not be considered an agent or employee of DISTRICT and shall not be entitled to participate in any employee fringe benefits of DISTRICT The relationship of the parties will be based on the IRS guidelines (see Exhibit "A" which is attached hereto and incorporated herein by this reference) DISTRICT reserves the right to make the final determination as to the correct relationship of the Parties 6. HOLD HARMLESS Each Party agrees to defend, indemnify, save and hold each other, and their respective elected officials, officers, agents and employees, harmless from any liability for any claims, accusations, or suits at law or in equity, or in any administrative proceeding, that may be brought by third persons on account of personal injury, death, or damage to property, or a property of business or personal interest, or for any fine, forfeiture or civil penalty arising from any negligent act or omission, or willful misconduct, by either Party, its officers, agents, or employees while performing their respective obligations under this MOU 7. INSURANCE The City and District are self-insured public entities for purposes of professional liability, general liability, and Workers' Compensation City and District warrants that through its program of self-insurance, it has adequate professional liability, general liability and Workers' Compensation to provide coverage for liabilities arising out of City's and District performance of this agreement 8. ATTORNEY'S FEES Should either Party violate or breach any term or condition of this MOU,the non-breaching Party shall have, without limitation, the right to move for entry of judgment by a court of competent jurisdiction, to seek specific performance thereof, and otherwise exercise all remedies available to him, her or it under the law to obtain redress from injury or damage Page 2 of 3 L IcaldimlAgreementslCrafton College MOU Off Campus Work Study Master 2018 2019 doex resulting from any such violation or breach In any such legal proceeding(s) brought to enforce the terms and conditions of this MOU,the prevailing Party shall be entitled to recover its reasonable attorneys' fees and costs incurred as a consequence hereof 9 ENTIRE AGREEMENT There are no understandings or agreements except as herein expressly stated IN WITNESS WHEREOF the Parties have executed this MOU on the day and year written above CITY OF REDLANDS SAN BERNARDINO COMMUNITY COLLEGE DISTRICT By � �J'u By Paul W Foster, Mayor Steven J Sutorus, Business Manager Attest ne Donaldson, City Clerk Page 3 of 3 L Icaldjm\Agreements\Crafton College MOU-Of Campus Work Study Master 2018 2019.docx