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HomeMy WebLinkAboutContracts & Agreements_209-2022San Bernardino Community College District 550 E Hospitality Ln Suite 200, San Bernardino, CA 92408 Memorandum of Understanding For Off -Campus Work -Study Placement This Memorandum of Understanding is entered into this 1st day of October 2022 by and between the City of Redlands "SITE" and San Bernardino Community College District for the Campus Crafton Hills College hereinafter referred to as "DISTRICT". WHEREAS, SITE and the DISRICT desire to form a partnership in support of DISTRICT'S Federal Work -Study Program: NOW THEREFORE, SITE and DISTRICT agree to the following: 1. RESPONSIBILITIES OF THE SITE: a. Provide support to DISTRICT'S ISEEK students in the form of student employment site and skills training. 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 by no later than the 12th of each month. f. Monitor progress of students via evaluation, progress reports and completeness of a student performance objective. g. SITE reserves the right of approval of students provided by DISTRICT. 2. RESPONSIBILITIES OF THE DISTRICT: a. Provide suitable Intern students who will provide support to SITE. b. Provide orientation to students c. Provide information and any updates on timesheet reporting d. Process payroll for Intern students e. Provide students with support for any work -related issues f. Meet with SITE staff as appropriate g. Include students in its Workers' Compensation Insurance coverage h. Ensure that students have been fingerprinted for criminal record clearance and are free from active tuberculoses if needed by SITE. 3. TERM Page 1 of 3 The Term of this MOUS shall be October 11, 2022 to June 30, 2023. Not to Exceed one Fiscal year. 4. TERMINATION This agreement may be canceled by either party without cause by written notice and with seven (7) calendar days. 5. RELATIONSHIP OF PARTIES DISTRICT and SITE herby agree and acknowledge that SITE, in providing the services herein specified, is and at all times shall be acting as an independent contractor. As such, SITE 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 CONTRACTOR, nor the details, methods, or means by which that result is to be attained. CONTRACTOR 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 Attachment A). The 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 others, its 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 act or omission by either party, its officers, agents, or employees while performing operations under the Agreement. 7. INSURANCE SITE agrees to maintain in force during the term of the MOU, such General Liability Insurance as will protect each with respect its own operations. 8. ATTORNEY'S FEES Should any party violate or breach any term or condition of this Agreement, any other 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 resulting from any such violation or breach. In any such legal proceeding(s) brought to enforce the terms and conditions of this Agreement, the prevailing party shall be entitled Page 2 of 3 to recover its reasonable attorney's 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 to the agreement have executed this MOU on the day and year written above. DISTRICT (Signature) Steven J. Sutorus, Business Manager 550 E Hospitality Ln Suite 200, San Bernardino, CA 92408 Date: 11/10/2022 SITE (Signature) Name: Paul T. Barich Title: Mayor, City of Redlands Address: 35 Cajon Street, Suite 200 Redlands, CA 92373 Date: I(-4-22 Attest: nne Donaldson, City Clerk Page 3 of 3