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HomeMy WebLinkAbout2022-07-26; City Council; ; Participation in Fellowship ProgramsCA Review CKM Meeting Date: July 26, 2022 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Debbie Porter, Senior Human Resources Analyst debbie.porter@carlsbadca.gov, 760-602-2441 Judy von Kalinowski, Human Resources Director judy.vonkalinowski@carlsbadca.gov, 760-473-4670 Subject: Participation in Fellowship Programs District: All Recommended Action Adopt a resolution establishing authority to participate in fellowship programs and giving authority to the City Manager or designee to execute related agreements. Executive Summary/Discussion Educational institutions establish fellowship programs to provide students with opportunities to develop leadership and civic engagement skills while simultaneously earning money to help pay for college. These programs include partners that host a student so that the student is exposed to a work environment in line with their course of study and they gain professional experience. For example, starting Fall 2022, the University of San Diego will be providing fellowships that advance local action on climate change, social justice, and sustainability. USD is looking to place students, referred to as “fellows,” with government and non-profit partners. If the City of Carlsbad were to partner with USD, city staff from the Environmental Sustainability Department would assign projects to and monitor each student’s work and the student would provide 450 service hours at no cost to the city. The city’s partnership with these programs would help students in their professional development and, over time, could expand the number of qualified applicants for city government positions. Exhibit 2 is an example of the memorandum of understanding for the USD fellowship program. Options Staff recommend the City Council adopt the proposed resolution so that the city could participate in the USD and other fellowship programs. Not approving this would mean the city would be unable to participate in fellowship programs and could not provide this opportunity to interested students. July 26, 2022 Item #4 Page 1 of 6 Fiscal Analysis There is no fiscal impact related to the authority to participate in fellowship programs. If there is any cost to the city associated with an agreement to participate in a fellowship program, it will be processed and approved using the Carlsbad Municipal Code Sections 3.28.050 and 3.28.060 regarding procurement of goods and services. Next Steps With the City Council’s approval, staff will participate in fellowship programs that are appropriate and related to city business. Environmental Evaluation This action does not constitute a project within the meaning of the California Environmental Quality Act under California Public Resources Code Section 21065. It has no potential to cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Public Notification This item was noticed in keeping with the Ralph M. Brown Act and it was available for public viewing and review at least 72 hours before the scheduled meeting date. Exhibits 1.City Council resolution 2.Sample memorandum of understanding related to the University of San Diego fellowship program July 26, 2022 Item #4 Page 2 of 6 RESOLUTION NO. 2022-191 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ESTABLISHING AUTHORITY TO PARTICIPATE IN FELLOWSHIP PROGRAMS AND GIVING AUTHORITY TO CITY MANAGER OR DESIGN EE TO EXECUTE RELATED AGREEMENTS WHEREAS, educational institutions establish fellowship programs and seek business partners to host students by assigning them projects and monitoring their work; and WHEREAS, the City Council has the determined participation in fellowship programs would benefit the community and city operations; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1.The above recitations are true and correct. 2.The City Council authorizes city staff to participate in fellowship programs. 3.The City Council authorizes the City Manager or designee to execute agreements related to participation in fellowship programs, subject to their approval as to form by the City Attorney's Office. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 26th day of :!!:!.!Y, 2022, by the following vote, to wit: AYES: NAYS: ABSENT: Hall, Blackburn, Bhat-Patel, Acosta, Norby. None. None. �FAVIOLA MEDINA, City Clerk Services Manager (SEAL) Exhibit 1 July 26, 2022 Item #4 Page 3 of 6 MATTHtt.J/-LtY ' yor ----- Exhibit 2 Memorandum of Understanding Between the University of San Diego and the City of Carlsbad This Memorandum of Understanding (“MOU”) is entered into by and between the University of San Diego (“USD”) and the City of Carlsbad (“City”). WHEREAS, USD is a non-profit institution of higher education located in San Diego, California. As an anchor institution, USD is an engaged community leader and committed to creating democratic and reciprocal collaborations with local organizations to address climate action and food insecurities and serve as a catalyst for community development. WHEREAS, the City is a municipal agency whose mission is to enhance the lives of all who live, work and play in our city by setting the standard for providing top quality, efficient local government services. WHEREAS, USD and City wish to engage in collaborative initiatives to promote education and community engagement by providing service-learning opportunities for Fellows in USD’s #CaliforniaForAll College Corps program. NOW, THEREFORE, USD and City agree as follows: 1.Term and Duration. The term of this Agreement will begin once it is fully executed by the parties and will remain in effect through July, 2023. The parties may agree at any time to modifyor extend this Agreement, by executing a written amendment to modify or extend it in accordancewith paragraph 8 below. Either party may terminate this Agreement at any time and for any reasonwith 30 days’ advance written notice to the other. 2.Parties authorize designated work locations as places of service learning for participatingFellows, with the understanding that a Fellow’s participation in the program may be terminated atany time, based on program requirements, the Fellow’s conduct, and/or other related needs of theparties. 3.The Fellow shall adhere to the rules, regulations, procedures, and policies of the City whileparticipating in the program. 4.USD assumes overall responsibility for the execution of its program. 5.USD will screen and select Fellows from among those candidates approved forparticipation by City. The Mulvaney Center for Community, Awareness and Social Action Maher Hall, 2185998 Alcalá Park San Diego, CA 92110-2492P: (619) 260-4798F: (619) 260-7835www.sandiego.edu July 26, 2022 Item #4 Page 4 of 6 I) fi fi ffi University aJSan Diego® 6. USD will maintain regular communication with the City and the Fellows placed with the City. The City will notify the appropriate liaison or approving authority immediately if there are any attendance issues, disciplinary concerns, or injuries relating to a Fellow placed with the City. 7. USD is responsible for all costs and liability (e.g., automobile liability, workers’ compensation and employer’s liability, general liability) related to Fellows, including pay and benefits, support, and travel. 8. This MOU may only be modified by the written consent of the parties, duly signed by their authorized representatives. 9. Collaborative Initiatives. Through this Agreement, the parties agree to the following collaborative initiatives:  USD will provide leadership development for Fellows placed with the City. In turn, the City will co-train Fellows in program specific content and supervise their engagement.  This MOU can be amended to include additional features with the signed, written consent of both parties in accordance with paragraph 8 above.  The parties agree to work together to advance the initiatives described above, but this Agreement does not commit either party to any financial responsibilities in connection with any specific activities. Any such responsibilities will be subject to the future agreement of the parties. 10. Termination of a Fellow’s Placement. Either USD or City may release a Fellow from the program if, in the opinion of either party, the Fellow is not actively and satisfactorily participating with the provided training. USD may release a Fellow from placement with the City if it determines that the Fellow is not being utilized by the City consistent with the goals of the program. Prior to releasing the Fellow, both parties shall confer and try to resolve the issue(s) short of releasing the Fellow from the program. However, for the avoidance of doubt, each party retains ultimate right to end a Fellow’s placement after consultation with the other party. 11. General Compliance with Applicable Laws. USD will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect Fellows placed with City. USD will at all times observe and comply with these laws, ordinances, and regulations. USD will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for placement of all Fellows placed under this Agreement. 12. Indemnification. USD agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney’s fees arising out of the Fellow’s placement with the City caused by any negligence, recklessness, or willful misconduct of the USD, the Fellow, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. 13. Copyrights. USD agrees that all copyrights that arise from the Fellow’s services to the City will be vested in City and USD, on behalf of itself and its Fellows, relinquish all claims to the copyrights in favor of City. July 26, 2022 Item #4 Page 5 of 6 14.Discrimination and Harassment Prohibited. USD will comply with all applicable local, state and federal laws and regulations prohibiting discrimination, harassment, and retaliation. 15. Termination. Either party, upon tendering thirty 30 days written notice to the other partymay terminate this MOU. In this event and upon request of City, USD will assemble the workproduct and put it in order for proper filing and closing and deliver it to City 16.Jurisdiction and Venue. Any action at law or in equity brought by either of the parties forthe purpose of enforcing a right or rights provided for by this Agreement will be tried in a court ofcompetent jurisdiction in the County of San Diego, State of California, and the parties waive allprovisions of law providing for a change of venue in these proceedings to any other county. 17.Entire Agreement. This Agreement, together with any other written document referred toor contemplated by it, along with the purchase order for this Agreement and its provisions, embodythe entire Agreement and understanding between the parties relating to the subject matter of it.Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties in accordance with paragraph 8 above. CITY OF CARLSBAD By: ________________________________ Date: _____________________ Judy von Kalinowski, Human Resources Director UNIVERSITY OF SAN DIEGO By: ________________________________ Date: _____________________ Christopher Nayve, Associate Vice President Community Engagement and Anchor Initiatives APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: _____________________________ Assistant City Attorney ATTEST: FAVIOLA MEDINA City Clerk Services Manager July 26, 2022 Item #4 Page 6 of 6