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MODEL OFF-CAMPUS AGREEMENT
(The paragraphs below are suggested as models for the development of a
written agreement between an institution of higher education and a public
or private non-profit organization which provides for employment of college
students participating in the College Work-Study Program. Both institutions
and organizations are advised that additional or substitute paragraphs may
be devised, which are not inconsistent with the statute or regulations.)
This agreement is entered into between
hereinafter known as the "Institution," and
hereinafter known as the "Organization," a (public organization),
(private nonprofit organization), (strike one), within the meaning of that
term as defined in Section 175.2 of the College Work-Study Regulations, for
the purpose of providing work to students eligible to participate in the
College Work-Study Program,
(If appropriate, the following paragraph may be included.) The Organization
is a component or the administering body of a Community Action Program
established under Title II of the Economic Opportunity Act of 1964,
Schedules to be attached to this agreement from time to time, bearing the
signature of an authorized official of the Institution and of the Organization,
will set forth brief descriptions of the work to be performed by students
under this agreement, 1/ the total number of students to be employed,
Footnote
1/ In accordance with the requirements of the Federal program, work to be
performed under this agreement must be work in the public interest, which
(1) will not result in the displacement of employed workers or impair existing
contracts for services; (2) will be governed by such condition of employment,
including compensation, as will be appropriate and reasonable in light of
such factors as type of work performed, geographical region and proficiency
of the employee; (3) does not involve the construction, operation, or mainte-
nance of so much of any facility as is used, or is to be used, for sectarian
instruction or as a place for religious worship; and (4) does not involve any
partisan or nonpartisan political activity associated with a candidate, or
contending faction or group, in an election for public or party office. Further,
no work shall be considered to be in the public interest where (1) it is work
for which the political support, affiliation or affinity of the student is a
prerequisite or consideration for employment, (2) it is work to be performed
for an elected official other than as part of the regular administration of
Federal, State, or local government, or (3) it is work for a membership organi-
zation (such as a credit union, a fraternal order, or a cooperative) which is
primarily for the benefit of the members of such organization, rather than the
public,
the hourly rates of pay, and the average number of hours per week each
student will be utilized. 2/ These schedules will also state the total
length of time the project is expected to run, the total percent, if any,
of student compensation that the Organization will pay to the Institution,
and the total percent, if any, of the cost of employers’ payroll contribution
to be borne by the Organization. The Institution will inform the Organization
of the maximum number of hours per week a student may work, during the summer
or other period of nonregular enrollment during which the student is attending
classes,
Students will be made available to the Organization by the Institution for
performance of specific work assignments. Students may be removed from work
on a particular assignment or from the Organization by the Institution, either
on its own initiative or at the request of the Organization, The Organization
agrees that no student will be denied work or subjected to different treatment
under this agreement on the grounds of race, color, or national origin, and
that it will comply with the provisions of the Civil Rights Act of 1964
(P.L. 88-352; 78 Stat. 252) and the Regulations of the Deparcnent: of Health,
Education, Sad Welfare which implement that Act.
(Where appropriate any of the following 3 paragraphs or other provision
may be included.)
(1) Transportation for students to and from their work assignments will
be provided by the Organization at its own expense and in a manner accept-=
able to the Institution,
(2) Transportation for the students to and from their work assignments
will be provided by the Institution at its own expense,
(3) Transportation for students to and from their work assignments will
not be provided by either the Institution or the Organization.
Footnote
2/ Under the College Work-Study Regulations, no student may perform work
on any project under the Work-Study Program for more than an average of
15 hours per week in any semester (or other academic term on the basis of
which credits are awarded) in which classes in which he is regularly enrolled
are in session.
=3u
(Whether the Institution or the Organization will be considered the
employer of the students covered under the agreement depends upon the
specific arrangement as to the type of supervision exercised by the
Organization. It is advisable to include some provision to indicate the
intent of the parties as to who shall be considered the employer. As
appropriate, one of the following two paragraphs may be included.) 3/
(1) The Institution shall be deemed the employer for purposes of this
agreement. It has the ultimate right to control and direct the services
of the student for the Organization. It shall also determine that the
students meet the eligibility requirements for employment under the College ©
Work-Study Program, assign students to work for the Organization, and
determine that the students do perform their work in fact. The Organization's
right shall be limited to direction of the details and means by which the
result is to be accomplished,
(2) The Organization shall be deemed the employer for purposes of this
agreement, It has the right to control and direct the services of the
student, not only as to the result to be accomplished, but also as to
the means by which the result is to be accomplished, The Institution
shall be limited to determining that the students meet the eligibility
requirements for employment under the College Work-Study Program, to
assigning students towork for the Organization, and to determining that
the students do perform their work in fact.
Footnote
3/ (It should be noted that although the following paragraphs attempt
to fix the identity of the employer, they will not necessarily be deter-
minative if the actual facts indicate otherwise, Additional wording which
specifies the employer's responsibility in case of injury on the job may
also be advisable, since Federal funds are not available to pay for hospital
expenses or claims in case of injury on the job. In this connection it may
be of interest that one or more insurance firms in at least one State have
in the past been willing to write a workmen's compensation insurance policy
which covers a student's injury on the job regardless of whether it is the
Institution or the Organization which is ultimately determined to have been
the student's employer when he was injured.)
(Wording of the following nature may be included, as appropriate, to
locate responsibility for payroll disbursements and payment of employers'
payroll contributions.) Compensation of students for work performed on a
project under this agreement will be disbursed -=- and all payments due as
an employer's contribution under State or local workmen's compensation laws,
under Federal or State social security laws, or under other applicable laws,
will be made -= by the (Organization), (Institution), (strike one).
(Where appropriate any of the following paragraphs may be included.)
(1) At such times as are agreed upon in writing, the Organization will
pay to the Institution an amount calculated to cover the Organization's
share of the compensation of students employed under this agreement,
(2) In addition to the payment specified in paragraph (1) above, at such
times as are agreed upon in writing, the Organization will pay, by way of
reimbursement to the Institution, or in advance, an amount equal to any and
all payments required to be made by the Institution under State or local
workmen's compensation laws, or under Federal or State social security laws,
or under any other applicable laws, on account of students participating in
projects under this agreement,
(3) At such times as are agreed upon in writing, the Institution will pay
to the Organization an amount calculated to cover the Federal share of the
compensation of students employed under this agreement and paid by the
Organization, Under such an arrangement the Organization will furnish to
the Institution for each payroll period the following records for review and
retention:
(a) time reports indicating the total hours worked each week and
containing the supervisor's certification as to the accuracy
of the hours reported and of satisfactory performance on the
part of the students;
(b) a payroll form identifying the period of work, the name of each
student, his rate per hour, the number of hours worked, his gross
pay, all deductions and net earnings, and the total Federal share
applicable to each payroll; 4/ and
(c) documentary evidence that students received payment for their work,
such as photographic copies of cancelled checks,
Footnote
4/ (These forms, when accepted, must be countersigned by the Institution as
to hours worked and satisfactory performance, as well as to the accuracy of the
total Federal share which is to be reimbursed to the off-campus organization.)
GSA DC 69.8576
(The paragraphs below are suggested as models for the development of a
written agreement between an institution of higher education and a public
or private non-profit organization which provides for employment of college
students participating in the College Work-Study Program. Both institutions
and organizations are advised that additional or substitute paragraphs may
be devised, which are not inconsistent with the statute or regulations.)
This agreement is entered into between
hereinafter known as the "Institution," and
hereinafter known as the "Organization," a (public organization),
(private nonprofit organization), (strike one), within the meaning of that
term as defined in Section 175.2 of the College Work-Study Regulations, for
the purpose of providing work to students eligible to participate in the
College Work-Study Program,
(If appropriate, the following paragraph may be included.) The Organization
is a component or the administering body of a Community Action Program
established under Title II of the Economic Opportunity Act of 1964,
Schedules to be attached to this agreement from time to time, bearing the
signature of an authorized official of the Institution and of the Organization,
will set forth brief descriptions of the work to be performed by students
under this agreement, 1/ the total number of students to be employed,
Footnote
1/ In accordance with the requirements of the Federal program, work to be
performed under this agreement must be work in the public interest, which
(1) will not result in the displacement of employed workers or impair existing
contracts for services; (2) will be governed by such condition of employment,
including compensation, as will be appropriate and reasonable in light of
such factors as type of work performed, geographical region and proficiency
of the employee; (3) does not involve the construction, operation, or mainte-
nance of so much of any facility as is used, or is to be used, for sectarian
instruction or as a place for religious worship; and (4) does not involve any
partisan or nonpartisan political activity associated with a candidate, or
contending faction or group, in an election for public or party office. Further,
no work shall be considered to be in the public interest where (1) it is work
for which the political support, affiliation or affinity of the student is a
prerequisite or consideration for employment, (2) it is work to be performed
for an elected official other than as part of the regular administration of
Federal, State, or local government, or (3) it is work for a membership organi-
zation (such as a credit union, a fraternal order, or a cooperative) which is
primarily for the benefit of the members of such organization, rather than the
public,
the hourly rates of pay, and the average number of hours per week each
student will be utilized. 2/ These schedules will also state the total
length of time the project is expected to run, the total percent, if any,
of student compensation that the Organization will pay to the Institution,
and the total percent, if any, of the cost of employers’ payroll contribution
to be borne by the Organization. The Institution will inform the Organization
of the maximum number of hours per week a student may work, during the summer
or other period of nonregular enrollment during which the student is attending
classes,
Students will be made available to the Organization by the Institution for
performance of specific work assignments. Students may be removed from work
on a particular assignment or from the Organization by the Institution, either
on its own initiative or at the request of the Organization, The Organization
agrees that no student will be denied work or subjected to different treatment
under this agreement on the grounds of race, color, or national origin, and
that it will comply with the provisions of the Civil Rights Act of 1964
(P.L. 88-352; 78 Stat. 252) and the Regulations of the Deparcnent: of Health,
Education, Sad Welfare which implement that Act.
(Where appropriate any of the following 3 paragraphs or other provision
may be included.)
(1) Transportation for students to and from their work assignments will
be provided by the Organization at its own expense and in a manner accept-=
able to the Institution,
(2) Transportation for the students to and from their work assignments
will be provided by the Institution at its own expense,
(3) Transportation for students to and from their work assignments will
not be provided by either the Institution or the Organization.
Footnote
2/ Under the College Work-Study Regulations, no student may perform work
on any project under the Work-Study Program for more than an average of
15 hours per week in any semester (or other academic term on the basis of
which credits are awarded) in which classes in which he is regularly enrolled
are in session.
=3u
(Whether the Institution or the Organization will be considered the
employer of the students covered under the agreement depends upon the
specific arrangement as to the type of supervision exercised by the
Organization. It is advisable to include some provision to indicate the
intent of the parties as to who shall be considered the employer. As
appropriate, one of the following two paragraphs may be included.) 3/
(1) The Institution shall be deemed the employer for purposes of this
agreement. It has the ultimate right to control and direct the services
of the student for the Organization. It shall also determine that the
students meet the eligibility requirements for employment under the College ©
Work-Study Program, assign students to work for the Organization, and
determine that the students do perform their work in fact. The Organization's
right shall be limited to direction of the details and means by which the
result is to be accomplished,
(2) The Organization shall be deemed the employer for purposes of this
agreement, It has the right to control and direct the services of the
student, not only as to the result to be accomplished, but also as to
the means by which the result is to be accomplished, The Institution
shall be limited to determining that the students meet the eligibility
requirements for employment under the College Work-Study Program, to
assigning students towork for the Organization, and to determining that
the students do perform their work in fact.
Footnote
3/ (It should be noted that although the following paragraphs attempt
to fix the identity of the employer, they will not necessarily be deter-
minative if the actual facts indicate otherwise, Additional wording which
specifies the employer's responsibility in case of injury on the job may
also be advisable, since Federal funds are not available to pay for hospital
expenses or claims in case of injury on the job. In this connection it may
be of interest that one or more insurance firms in at least one State have
in the past been willing to write a workmen's compensation insurance policy
which covers a student's injury on the job regardless of whether it is the
Institution or the Organization which is ultimately determined to have been
the student's employer when he was injured.)
(Wording of the following nature may be included, as appropriate, to
locate responsibility for payroll disbursements and payment of employers'
payroll contributions.) Compensation of students for work performed on a
project under this agreement will be disbursed -=- and all payments due as
an employer's contribution under State or local workmen's compensation laws,
under Federal or State social security laws, or under other applicable laws,
will be made -= by the (Organization), (Institution), (strike one).
(Where appropriate any of the following paragraphs may be included.)
(1) At such times as are agreed upon in writing, the Organization will
pay to the Institution an amount calculated to cover the Organization's
share of the compensation of students employed under this agreement,
(2) In addition to the payment specified in paragraph (1) above, at such
times as are agreed upon in writing, the Organization will pay, by way of
reimbursement to the Institution, or in advance, an amount equal to any and
all payments required to be made by the Institution under State or local
workmen's compensation laws, or under Federal or State social security laws,
or under any other applicable laws, on account of students participating in
projects under this agreement,
(3) At such times as are agreed upon in writing, the Institution will pay
to the Organization an amount calculated to cover the Federal share of the
compensation of students employed under this agreement and paid by the
Organization, Under such an arrangement the Organization will furnish to
the Institution for each payroll period the following records for review and
retention:
(a) time reports indicating the total hours worked each week and
containing the supervisor's certification as to the accuracy
of the hours reported and of satisfactory performance on the
part of the students;
(b) a payroll form identifying the period of work, the name of each
student, his rate per hour, the number of hours worked, his gross
pay, all deductions and net earnings, and the total Federal share
applicable to each payroll; 4/ and
(c) documentary evidence that students received payment for their work,
such as photographic copies of cancelled checks,
Footnote
4/ (These forms, when accepted, must be countersigned by the Institution as
to hours worked and satisfactory performance, as well as to the accuracy of the
total Federal share which is to be reimbursed to the off-campus organization.)
GSA DC 69.8576