Loading...
HomeMy WebLinkAbout09413 ORDINANCE NO. 9413 AN ORDINANCE APPROVING AN INTERNSHIP SITE AGREEMENT (PAID) BETWEEN THE BOARD OF GOVERNORS OF THE COLORADO STATE UNIVERSITY SYSTEM, ACTING BY AND THROUGH COLORADO STATE UNIVERSITY PUEBLO AND PUEBLO, A MUNICIPAL CORPORATION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Internship Site Agreement (paid) (“Agreement”) between the Board of Governors of the Colorado State University System, acting by and through Colorado State University Pueblo and Pueblo, a municipal corporation, a true copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The President of City Council is hereby authorized and directed to execute the Agreement on behalf of the City, and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 3. The officers of the City are authorized and directed to perform any and all acts consistent with the intent of this Ordinance and the attached Agreement to effectuate the policies and procedures described therein. SECTION 4. This Ordinance shall become effective on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on January 28, 2019. Final adoption of Ordinance by City Council on February 11, 2019 . President of City Council Action by the Mayor: ☒ Approved on February 13, 2019 . □ Disapproved on based on the following objections: _ Mayor Action by City Council After Disapproval by the Mayor: □ Council did not act to override the Mayor's veto. □ Ordinance re-adopted on a vote of , on □ Council action on _______ failed to override the Mayor’s veto. President of City Council ATTEST Acting City Clerk City Clerk’s Office Item # R-8 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: January 28, 2019 TO: President Dennis E. Flores and Members of City Council CC: Sam Azad, City Manager VIA: Brenda Armijo, Acting City Clerk FROM: Marisa Pacheco – Human Resources Director SUBJECT: AN ORDINANCE APPROVING AN INTERNSHIP SITE AGREEMENT (PAID) BETWEEN THE BOARD OF GOVERNORS OF THE COLORADO STATE UNIVERSITY SYSTEM, ACTING BY AND THROUGH COLORADO STATE UNIVERSITY PUEBLO AND PUEBLO, A MUNICIPAL CORPORATION SUMMARY: Attached is an Ordinance accepting an internship site agreement (paid) between the City of Pueblo and Colorado State University-Pueblo, relating to a paid internship. PREVIOUS COUNCIL ACTION: On December 26, 2018, Resolution No. 14131 was approved by City Council. This Resolution provided City Council support for the establishment of an internship program in cooperation with Colorado State University-Pueblo. BACKGROUND: Students enrolled in the President’s Leadership Program at Colorado State University- Pueblo approached City Council and City of Pueblo department directors asking for the City’s assistance in establishing an internship program. After several meetings and a Resolution of support from City Council, the City and Colorado State University-Pueblo are prepared to establish an internship program that will allow students to integrate the classroom with practical knowledge and gain experience in their field of interest. The Pueblo Internship Program will provide the City qualified, skilled individuals to augment our workforce to assist in projects, in both a non-paid or paid capacity. Further, the internship program will benefit the community by encouraging our local students to consider municipal government when selecting their career path and give them the tools necessary to go into the workforce with valuable municipal government experience. FINANCIAL IMPLICATIONS: The costs for any such program are unknown at this time. A member of the Human Resources staff will be assigned to work with the University to establish the program and its requirements. BOARD/COMMISSION RECOMMENDATION: None. STAKEHOLDER PROCESS: None. ALTERNATIVES: The no action alternative would be to allow City staff to work on this project without the internship site agreement. RECOMMENDATION: Approval of the Ordinance. INTERNSHIP SITE AGREEMENT(PAID) BETWEEN THE BOARD OF GOVERNORS OF THE COLORADO STATE UNIVERSITY SYSTEM, ACTING BY AND THROUGH COLORADO STATE UNIVERSITY PUEBLO AND PUEBLO,A MUNICIPAL CORPORATION This Internship Site Agreement(the "Agreement") is made, and entered into between THE BOARD OF GOVERNORS OF THE COLORADO STATE UNIVERSITY SYSTEM, acting by and through COLORADO STATE UNIVERSITY- PUEBLO ("University"), and Pueblo,a municipal corporation ("Internship") if appropriate), (singularly "party" and together"parties"),entered into on this 1/14/2019 WITNESSETH: WHEREAS, certain CSU-Pueblo students in various Department ("Students") at the University are able to obtain Internship Site/research experiences; and WHEREAS, Internship Site desires to participate and cooperate with University to implement said program by accepting and placing Students with Internship Site to enable them to obtain Internship Site/research experiences by providing services to Internship Site; and WHEREAS,this Agreement will serve as recognition of the separate and mutual responsibilities of the University and Internship Site to each other and to the Students involved; THEREFORE, in consideration of the mutual goals herein,the parties agree as follows: I. SCOPE OF THE INTERNSHIP SITE A. Student will perform duties and obligations as assigned by the City of Pueblo Department in collaboration with the Student's department. B. The Internship Site hours will be set by the supervisor of Internship Site at a later time so that the Students and Internship Site may find a mutually convenient time(s). C. The student Internship Site between Internship Site and University will commence on the 1/14/2019 and end on the 12/31/2019 II. UNIVERSITY RESPONSIBILITIES A. Assign a faculty member to be the instructional supervisor for Students placed at Internship Site. B. Observe appropriate channels as designated by Internship Site for coordinating Internship Site/research experiences. C. Have faculty participate in individual and/or group conferences with appropriate Internship Site staff for the purpose of discussing objectives and planning for learning experiences and evaluating Student performance. {00079611/ver 1} 1 D. Have its representatives, if possible, confer at least annually with Internship Site for joint review of the program and progress of Students placed at Internship Site. E. Provide a faculty member assigned pursuant to this Agreement to make regular site visits one or more times during the period of field placement to review the Student's activities and to consult with a counterpart Internship Site staff member concerning the educational experience and progress of Students working at Internship Site. Internship Site recognizes that on site visits may be impractical, and will work with University to develop mutually satisfactory alternatives if necessary.) F. University shall ensure that Student meets all necessary requirements to perform as an intern at Internship Site as contemplated by this Agreement, including if applicable,work authorizations. University shall apprise Student of(i)Student's obligation to comply with the City Charter,ordinances and applicable rules and regulations; and (ii) Student's obligation to faithfully perform assigned tasks. III. Internship Site RESPONSIBILITIES A. Make its resources and facilities available for Internship Site/research experiences for Students. B. Cooperate with the University faculty in planning for the educational program and for evaluating the experiences and Student performance. C. Internship Site shall have sole authority and control over all aspects of organizations services including those activities wherein Students may be exposed to or interrelate with Internship Sites organization. D. Designate a qualified staff member who will be responsible for the daily supervision and performance of Students and will participate with the University's faculty member in evaluating Students under their supervision. E. Comply with the Fair Labor Standards Act(FLSA) before classifying an intern as an unpaid "trainee" if applicable. F. In accordance with the Family Education Rights and Privacy Act (FERPA), Internship Site shall keep and maintain the confidentiality of education records which may be disclosed to Internship Site by University with respect to any Student. G. If the Internship Site requires that a student complete a background check,the site will be responsible for the cost of the background check. Internship Site retains the right to reject any Student based on the results of the background check. If the Student does not pass the background check he or she will be informed of the reasons pursuant to the Fair Credit Report Act.The University will not be given any information relating to the failure other than the fact that the Student did not pass. {00079611/ver l} 2 H. Adhere to all Federal and State employment laws and regulations, including adherence to current Federal and State wage laws, if applicable. I. The Internship Site will be deemed an "Employer" for the purpose of providing on-the-job training for students and shall provide sufficient workers' compensation and liability insurance for the student pursuant CRS 8-40-302(7)(a). J. Provide appropriate wages to the student for the tasks assigned to the student and be responsible for all federal,state payroll taxes and deductions from the student's earnings; provided, however, any such wages shall be determined and comply with all requirements set forth in Section 6-5-18, P.M.C. K. The student intern is not to replace a permanent employee of Internship Site. Consistent with the requirements of Section 6-1-3(1)(m), P.M.C., no Student shall be paid to work greater than 1,326 hours in a calendar year. IV. Internship Site AND UNIVERSITY FURTHER AGREE: A. The assignment of Students,faculty and Internship Site personnel will be made without regard to the age, citizenship, creed, color, disability, gender, gender expression,gender identity,genetic information, national origin or ancestry, pregnancy, race, religion, sex, sexual orientation or veteran status of the persons involved. B. Internship Site may at its sole and absolute discretion dismiss any Student from participation in the program contemplated by this Agreement. It is expressly understood and agreed by the parties that any employment of the Student by the Internship Site which may occur by operation of this Agreement is at will,and Internship Site may terminate the employment relationship without liability at any time, with or without cause, and without advance notice or any procedure or formality. University shall assure that all Students are aware of and understand the rights of Internship Site set forth in this Subsection IV. B. C. University may withdraw any Student whose progress, conduct, or performance in practice does not meet standards for continuation in the program,or when Internship Site does not provide agreed upon educational experiences for the Student. D. This Agreement may be terminated upon the giving of thirty days'written notice by either party to the other party. Students already enrolled and participating in good standing in the program shall have an opportunity to complete the program at Internship Site to meet the course of study requirements for graduation unless dismissed by Internship Site pursuant to above Subsection IV.B. E. In advance or the early days of each semester, University will disclose the number of Students and the Students requested to be placed at the Internship Site. Selection of the number of Students and the specific Students, if any,to participate in the program {00079611/ver 1} 3 contemplated by this Agreement shall be at the sole and absolute discretion of the Internship Site. F. University and Internship Site agree that no money will be paid by either party to the other under the terms and conditions of this Agreement and that the mutual benefits contained herein constitute sufficient consideration.The parties to this Agreement intend that the relationship contemplated by this Agreement is that of independent entities working in mutual cooperation.The Parties hereto are not partners,agents,nor principals of one another.University's interns shall not act as the Internship Site agents or representatives in any capacity,and shall not make any commitments on behalf of the Internship Site. G. This Agreement constitutes the entire agreement between the parties and supersedes any previous contracts,understandings,or agreements of the Parties,whether verbal or written, concerning the subject matter of this Agreement. H. This agreement cannot be assigned,except with the express written permission of the non- assigning party. I. Nothing contained in this Agreement shall be construed as an express or implied waiver by University or Internship Site of its governmental and sovereign immunities,as an express or implied acceptance by University or Internship Site of liabilities arising as a result of actions which lie in tort or could lie in tort In excess of the liabilities allowable under the Colorado Governmental Immunity Act,C.R.S.§24-10-101 et seq.,as a pledge of the full faith and credit of the state of Colorado or the City of Pueblo,or as the assumption of any of the parties of a debt,contract or liability of each other in violation of article XI,Section 1 of the Colorado Constitution. J. Each person signing this Agreement on behalf of a party represents and warrants that he or she has the requisite power and authority to enter into,execute,and deliver this Agreement on behalf of such party and that this Agreement is a valid and legally binding obligation of such party enforceable against it in accordance with its terms. IN WITNESS THEREOF,the parties hereto have caused this Agreement to be duly executed and delivered by their duly authorized agents and is effective upon the date and signatures below: Weiler G-.A•14. CSU-Pueblo Representative Name(printed) Pueblo,a municipal corporation 4 ir 2,(4a4/ CSU-Pueblo Representative Signature ;4.- 11.1. ,�� ars . Mayor Nicholas A. Gradisar (00079621/ver 1} 4 ,y J„n 19 2 // 5 /f Date Date ATTEST: ` � w City Clerk C,C.Lt 4\ AVA1M CSU-Pueblo Provost Name(printed) CSU-Pueblo Provost D e (00079611/ver 1) 5