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HomeMy WebLinkAbout10231ORDINANCE NO. 10231 AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A PAID INTERNSHIP SITE AGREEMENT BETWEEN THE BOARD OF GOVERNORS OF THE COLORADO STATE UNIVERSITY SYSTEM, ACTING BY AND THROUGH COLORADO STATE UNIVERSITY PUEBLO AND THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Paid Internship Site Agreement (“Agreement”) between the City of Pueblo, a Colorado municipal corporation and the Board of Governors of the Colorado State University System acting by and through Colorado State University Pueblo, dated May 26, 2022, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. The Mayor is authorized to execute and deliver said Agreement in the name of the City and the City Clerk is authorized to affix the seal of the City thereto and attest same. SECTION 2. The officers and staff of the City are authorized to perform any and all acts consistent with this Ordinance and the attached Agreement to implement the policies and procedures described therein. SECTION 3. This Ordinance shall become effective immediately upon final action by the Mayor and City Council nunc pro tunc May 26, 2022. Action by City Council: Introduced and initial adoption of Ordinance by City Council on July 11, 2022 . Final adoption of Ordinance by City Council on July 25, 2022 . President of City Council Action by the Mayor: ☒ Approved on July 28, 2022 . □ 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 City Clerk City Clerk’s Office Item # R-10 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: July 11, 2022 TO: President Heather Graham and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Marisa Stoller, City Clerk FROM: Haley Robinson, Director of Public Affairs SUBJECT: AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A PAID INTERNSHIP SITE AGREEMENT BETWEEN THE BOARD OF GOVERNORS OF THE COLORADO STATE UNIVERSITY SYSTEM, ACTING BY AND THROUGH COLORADO STATE UNIVERSITY PUEBLO AND THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION SUMMARY: The attached Ordinance approves and authorizes the Mayor to sign a paid internship agreement with Colorado State University-Pueblo (“CSU-P”). PREVIOUS COUNCIL ACTION: Not applicable to this Ordinance. BACKGROUND: The Multimedia Communication Intern position with the City of Pueblo in the Mayor's Office, under the supervision of the Director of Public Affairs, will be tasked wide range of assignments based upon the individual's educational experience. Duties and responsibilities may include, but are not limited to the following: Attend weekly meetings and other departmental-related meetings that facilitate learning. Research the current state of public access channels 17 and 19. Assist with social media management and content creation. Assist with the Implementation of social media assets for the City of Pueblo. Make recommendations for updating current communication (visual to include graphic design or video work) including public access channels, social media, flyers/announcements, and other modes of communication related to City of Pueblo. Help departmental staff with creative or design needs. Meet with other City of Pueblo departments such as Pueblo Fire, Pueblo Parks and Recreation, and Pueblo Police Department to assist with cohesive and consistent branding and communication methods or projects. Attend meetings with community partners to assist with communication and promotional needs related to input and responsibility of City of Pueblo. FINANCIAL IMPLICATIONS: The salary for the CSU-P intern is included in the 2022 fiscal year budget. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: If City Council does not approve this Ordinance, the CSU-P student will be denied the City internship. RECOMMENDATION: Approval of the Ordinance. Attachments: Proposed Ordinance Proposed Internship Agreement PAID INTERNSHIP SITE AGREEMENT BETWEEN THE BOARD OF GOVERNORS OF THE COLORADO STATE UNIVERSITY SYSTEM, ACTING BY AND THROUGH COLORADO STATE UNIVERSITY PUEBLO AND CITY OF PUEBLO 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 City of Pueblo ("Internship") if appropriate, (singularly "party" and together "parties"), entered into on this 26 of May, 2022 WITNESSETH: WHEREAS, certain CSU Pueblo students in the Media and Entertainment 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: SCOPE OF THE INTERNSHIP SITE A. The Multimedia Communication Intern position with the City of Pueblo in the Mayor's Office, under the supervision of the Director of Public Affairs, will be tasked wide-range of assignments based upon the individual's education experience. Duties and responsibilities may include, but are not limited to the following: Attend weekly meetings and other departmental-related meetings that facilitate learning. Research the current state of public access channels 17 and 19. Assist with social media management and content creation. Assist with the Implementation of social media assets for the City of Pueblo. Make recommendations for updating current communication (visual to include graphic design or video work) including public access channels, social media, flyers/announcements, and other modes of communication related to City of Pueblo. Help departmental staff with creative or design needs. Meet with other City of Pueblo departments such as Pueblo Fire, Pueblo Parks and Recreation, and Pueblo Police Department to assist with cohesive and consistent branding and communication methods or projects. Attend meetings with community partners to assist with communication and promotional needs related to input and responsibility of City of Pueblo. 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 1st of June, 2022 and end on the 31st of December 2022. 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. 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. 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. Retain overall responsibility for management of organizations services. 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), any re-disclosure of Internship Site candidate/intern information is prohibited without the intern's express written consent under 20 U.S.C. § 1 232(g)(a)(I) (C)(D). A student may not be required to waive these rights under FERPA as a condition of the Internship Site. Any release of student information or education records is prohibited and may be actionable under applicable laws. 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. H. Adhere to all Federal and State employment laws and regulations, including adherence to current Federal and State wage laws. 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. K. The student intern is not to replace a permanent employee of Internship Site. 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 instruct the University to withdraw a student whose conduct or practice Is not in accord with Internship Site Site's policies and standards of care. 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. E. In advance or the early days of each semester, University will disclose the number of students and the students to be placed at 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. Internship Site shall be responsible to the fullest extent allowed under the law for its own negligence, and the negligence of its employees and authorized volunteers acting within the scope of their actual authority. Nothing contained in this Agreement shall be construed as an express or implied waiver by University of its governmental and sovereign immunities, as an express or implied acceptance by University 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 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. 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: ReQar' Foster , 2 7-3, -e ^Larne prInted, -1 r / ' / ( . CSU PLI. ''eOrese Dare ATTEST: CITY OF PUEBLO By: OTSSIAQ' BY: 7(.:0044141, deroLitael--tifta-; Cit erk Mayor Date: 111-C2L Date: 4: __401.40,407., Mohammed Abdelrahman CSU Pueblo Provost Name (printed) CSU Pueblo Provost Date Reaan Foster,Lecturer/Today!?c.' agrjaE;_, ___� _%'_nor CSU Pueblo Representative Name(printed) /7/ %• AIL CSU P �•i•'e•rese+ t ve Signature Date ATTEST: CITY OF PUEBLO By: � �^�''_ ' By: (4 " 4 Cit rk Mayor Date: 7 '1�?12-1., Date: CSU Pueblo Provost Name (printed) Chad Kinney, Interim Provost CSU Pueblo Prov 8-9-22 Date