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URBAN NATIONAL DEVELOPMENT OFFICE
Document Number 3
URBAN CORPS - COLLEGE
CONTRACTUAL . ARRANGEMENTS:
by
Michael B. Goldstein
Director
Urban Corps National Development. Office _
January 1969.
Document Number 3: Urban Corps-College Contractual Arrangements
This is the third in a series of studies prepared by the
Urban Corps National Development Office under a grant from
the Ford Foundation on the concept, development and operation
of an Urban Corps student urban involvement program.
Additional copies of this report, and further information
concerning Urban Corps programs may be obtained by writing:
Michael B. Goldstein
Director
Urban Corps National Development Office
250 Broadway
New York, N.Y. 10007
Telephone: Area Code 212 964-5552
The Federal College Work-Study Program (CWSP), Title IV-C
of the Higher Education Act of 1965, provides the primary source of funds
for the compensation of college students taking part in an Urban Corps.
These Federal funds are granted to participating colleges, which in
turn may disburse them to an off-campus employer such as an Urban
Corps.
The U.S. Office of Education, which administers CWSP, re-
quires a written agreement between participating colleges and any off-
campus user of Work-Study funds. 1!
Most colleges participating in CWSP have developed forms of
agreement for use by public and private non-profit agencies to which
their work-study students are assigned. However in many cases
these agreements are drafted from the point of view of the college
dealing with a large number of small off-campus agencies, and there-
fore may often contain provisions not applicable to a central Urban
Corps program. Experience has demonstrated that it is therefore use-
ful to provide the colleges with a form of agreement drafted specifically
for the Urban Corps. The relative responsibilities of the city and the
college may be more explicitly set forth, a procedure preferable to
attempting the modification of an agreement designed for a different
type of relationship.
11968 CWSP Manual (hereafter cited as ''Manual'') Sec. 517 (D).
Of course, the college retains full freedom of contract; and
it should not be inferred that any form of agreement presented by the
city is non-negotiable. The college is required by Federal law to
maintain responsibility for certain aspects of its CWSP program, and
the agreement should recognize this mandate.
The agreement must cover the following statutory areas:
1. The public (or private non-profit)
status of the Urban Corps.
2. Work performed under the agreement
will be in the public interest. 3
3. Work performed under the agreement
will not result in the displacement of employed
workers or impair existing contracts for services.
4. Work performed under the agreement
will be governed by such conditions of employment
as will be appropriate and reasonable in light of such
factors as type of work performed, geographical region
and proficiency of the employee.
2Higher Education Act of 1965 (hereafter cited as HEA) Sec. 444 (a) (1);
Manual Sec. 157 (A).
Ibid.
“HWA Seé. 444 (a) (i) (A); Maxtual Sec. 519 (A);
HEA Sec. 444 (a) (1) (B); Manual Sec. 519 (B).
5. Work performed under the agreement
will not involve the construction, operation or main-
tenance of so much of any facility as is used or is to
be used for sectarian instruction or as a place for reli-
gious worship. 6
6. Maximum weekly hours will not exceed
forty nor will students be permitted to work in excess
of an average of fifteen hours per week while regular
classes are in session, except as otherwise provided
by law. 7 ;
7. Establish the Federal (college) share of
the compensation at a level not to exceed eighty percent,
except where the Commissioner of Education determines
that a greater Federal share is required in the furtherence
of the purposes of the legislation. 8
The U.S. Office of Education further requires the college as
part of their CWSP funding contracts with the Federal government to
agree to the following limitations, which should be included in the college-
Urban Corps agreement:
1. Work performed under the agreement
will not involve political activity or work for any
political party. 9
2. Participating students will be rea-
sonably supervised. 10
6
HEA Sec. 444 (a) (1) (C); Manual Sec. 519 (C).
THEA Sec. 444 (a) (4).
SHEA Sec. 444 (a) (6).
9Manual Sec. 519 (D).
10
Manual Sec. 517 (C).
The Civil Rights Act of 1964 provides that employment under
Federally-aided programs must be without regard to race, color or
national origin; therefore the college- Urban Corps agreement should
specify compliance with this statute.
The college- Urban Corps agreement should also unambiguously
indicate the identity of the City as the employer of participating stu-
dexts and specify the following procedural areas:
1. Right of the Urban Corps to accept and
reject students referred by the college.
2. Right of the Urban Corps to remove
and/or transfer participating students. 12
3. Rates of pay and duration of program.!3
4, Procedure for the payment of students,
including the procedures involved in the transference
of CWSP funds from the college to the Urban Corps.
5. Responsibility for the withholding and
payment of appropriate taxes and other employer
responsibilities.
th discussion of the importance of identifying the city as the employer
will be found in the Urban Corps National Development Office report
on ''Legal Considerations of an Urban Corps."
12the U.S. Office of Education has indicated that it would look with
disfavor upon the arbitrary exercise of such authority.
this may be by reference.
Despite the fact that the city is the employer of participating
students under an Urban Corps program, the college remains primarily
responsible to the U.S. Office of Education for the use of CWSP funds.
Therefore, the college- Urban Corps agreement should grant the college
access to the following information: :
1. The identity of supervisors and the right
to inspect work locations.
2. Certification of the hours worked by each
student, gross and net wages paid and evidence of payment.
3. Such other information as may be required
of the college by the U.S. Office of Education. 4
Because the college- Urban Corps agreement requires the
commitment of public funds by both parties, it is important that appro-
priate officials execute the agreement and that there is affirmation that
the signatories are authorized to enter into such an agreement.
Local laws may require additional authorizations for such an
agreement or may specify the form of such agreement. The information
provided herein is for guidance only and is not to be construed as limiting
the authority of the city to modify or redesign the agreement to meet its
requirements.
l4For example, gross payments to each student, deductions and proof
of payment.
It should likewise be noted that while the college is free to
negotiate specific terms or to request the drafting of an individualized
agreement, nothing in the applicable Federal law or regulations re-
quires the acceptance of the college's form of agreement nor prevents
the college from accepting a form of agreement presented by the city.
Questions concerning the applicability of Federal law and
regulations to the terms ofa college- Urban Corps agreement should
be directed to the Regional Office of the U.S. Office of Education or
to its College Work-Study Program Branch, Bureau of Higher Education,
Washington, D.C. 20202.
The following sample agreement, with section-by-section
analysis, is provided for your guidance in negotiating and drafting a
suitable college- Urban Corps agreement.
Document Number 3
URBAN CORPS - COLLEGE
CONTRACTUAL . ARRANGEMENTS:
by
Michael B. Goldstein
Director
Urban Corps National Development. Office _
January 1969.
Document Number 3: Urban Corps-College Contractual Arrangements
This is the third in a series of studies prepared by the
Urban Corps National Development Office under a grant from
the Ford Foundation on the concept, development and operation
of an Urban Corps student urban involvement program.
Additional copies of this report, and further information
concerning Urban Corps programs may be obtained by writing:
Michael B. Goldstein
Director
Urban Corps National Development Office
250 Broadway
New York, N.Y. 10007
Telephone: Area Code 212 964-5552
The Federal College Work-Study Program (CWSP), Title IV-C
of the Higher Education Act of 1965, provides the primary source of funds
for the compensation of college students taking part in an Urban Corps.
These Federal funds are granted to participating colleges, which in
turn may disburse them to an off-campus employer such as an Urban
Corps.
The U.S. Office of Education, which administers CWSP, re-
quires a written agreement between participating colleges and any off-
campus user of Work-Study funds. 1!
Most colleges participating in CWSP have developed forms of
agreement for use by public and private non-profit agencies to which
their work-study students are assigned. However in many cases
these agreements are drafted from the point of view of the college
dealing with a large number of small off-campus agencies, and there-
fore may often contain provisions not applicable to a central Urban
Corps program. Experience has demonstrated that it is therefore use-
ful to provide the colleges with a form of agreement drafted specifically
for the Urban Corps. The relative responsibilities of the city and the
college may be more explicitly set forth, a procedure preferable to
attempting the modification of an agreement designed for a different
type of relationship.
11968 CWSP Manual (hereafter cited as ''Manual'') Sec. 517 (D).
Of course, the college retains full freedom of contract; and
it should not be inferred that any form of agreement presented by the
city is non-negotiable. The college is required by Federal law to
maintain responsibility for certain aspects of its CWSP program, and
the agreement should recognize this mandate.
The agreement must cover the following statutory areas:
1. The public (or private non-profit)
status of the Urban Corps.
2. Work performed under the agreement
will be in the public interest. 3
3. Work performed under the agreement
will not result in the displacement of employed
workers or impair existing contracts for services.
4. Work performed under the agreement
will be governed by such conditions of employment
as will be appropriate and reasonable in light of such
factors as type of work performed, geographical region
and proficiency of the employee.
2Higher Education Act of 1965 (hereafter cited as HEA) Sec. 444 (a) (1);
Manual Sec. 157 (A).
Ibid.
“HWA Seé. 444 (a) (i) (A); Maxtual Sec. 519 (A);
HEA Sec. 444 (a) (1) (B); Manual Sec. 519 (B).
5. Work performed under the agreement
will not involve the construction, operation or main-
tenance of so much of any facility as is used or is to
be used for sectarian instruction or as a place for reli-
gious worship. 6
6. Maximum weekly hours will not exceed
forty nor will students be permitted to work in excess
of an average of fifteen hours per week while regular
classes are in session, except as otherwise provided
by law. 7 ;
7. Establish the Federal (college) share of
the compensation at a level not to exceed eighty percent,
except where the Commissioner of Education determines
that a greater Federal share is required in the furtherence
of the purposes of the legislation. 8
The U.S. Office of Education further requires the college as
part of their CWSP funding contracts with the Federal government to
agree to the following limitations, which should be included in the college-
Urban Corps agreement:
1. Work performed under the agreement
will not involve political activity or work for any
political party. 9
2. Participating students will be rea-
sonably supervised. 10
6
HEA Sec. 444 (a) (1) (C); Manual Sec. 519 (C).
THEA Sec. 444 (a) (4).
SHEA Sec. 444 (a) (6).
9Manual Sec. 519 (D).
10
Manual Sec. 517 (C).
The Civil Rights Act of 1964 provides that employment under
Federally-aided programs must be without regard to race, color or
national origin; therefore the college- Urban Corps agreement should
specify compliance with this statute.
The college- Urban Corps agreement should also unambiguously
indicate the identity of the City as the employer of participating stu-
dexts and specify the following procedural areas:
1. Right of the Urban Corps to accept and
reject students referred by the college.
2. Right of the Urban Corps to remove
and/or transfer participating students. 12
3. Rates of pay and duration of program.!3
4, Procedure for the payment of students,
including the procedures involved in the transference
of CWSP funds from the college to the Urban Corps.
5. Responsibility for the withholding and
payment of appropriate taxes and other employer
responsibilities.
th discussion of the importance of identifying the city as the employer
will be found in the Urban Corps National Development Office report
on ''Legal Considerations of an Urban Corps."
12the U.S. Office of Education has indicated that it would look with
disfavor upon the arbitrary exercise of such authority.
this may be by reference.
Despite the fact that the city is the employer of participating
students under an Urban Corps program, the college remains primarily
responsible to the U.S. Office of Education for the use of CWSP funds.
Therefore, the college- Urban Corps agreement should grant the college
access to the following information: :
1. The identity of supervisors and the right
to inspect work locations.
2. Certification of the hours worked by each
student, gross and net wages paid and evidence of payment.
3. Such other information as may be required
of the college by the U.S. Office of Education. 4
Because the college- Urban Corps agreement requires the
commitment of public funds by both parties, it is important that appro-
priate officials execute the agreement and that there is affirmation that
the signatories are authorized to enter into such an agreement.
Local laws may require additional authorizations for such an
agreement or may specify the form of such agreement. The information
provided herein is for guidance only and is not to be construed as limiting
the authority of the city to modify or redesign the agreement to meet its
requirements.
l4For example, gross payments to each student, deductions and proof
of payment.
It should likewise be noted that while the college is free to
negotiate specific terms or to request the drafting of an individualized
agreement, nothing in the applicable Federal law or regulations re-
quires the acceptance of the college's form of agreement nor prevents
the college from accepting a form of agreement presented by the city.
Questions concerning the applicability of Federal law and
regulations to the terms ofa college- Urban Corps agreement should
be directed to the Regional Office of the U.S. Office of Education or
to its College Work-Study Program Branch, Bureau of Higher Education,
Washington, D.C. 20202.
The following sample agreement, with section-by-section
analysis, is provided for your guidance in negotiating and drafting a
suitable college- Urban Corps agreement.