Box 9, Folder 6, Document 23

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Box 9, Folder 6, Document 23

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1
The first paragraph (lines 1-8) establishes the date of execution
(inserts 1, 2, &3), the legal name of the contracting college (insert 4),
the ident ity of the city (inse r t 5), the nature of the Urban Corps as a
public agency, and the contracting authority on the part of the city (insert 6}.
6 ).
At line 3, the words "Urban Corps" may be deleted and the city
itself made the contracting party, if that better suits local practice.
Similarly, a supervising agency may be inserted at 6 (lines 7-8), as:
"acting by and through the City Administrator of the City of New York."
The following three paragraphs (lines 9-22) establish the public
interest and need for the pro gr am a n d. identify the Federal program involved
therein. (Insert at 7 the n a.rne of city)
Paragraph 11 FIRST 11 establishes the right of the city to exercise
its discretion as to the acceptan ce of students made availa ble by the participating college (lines 25-26). The incorpor ation of schedules indicating
type of work, n u m b er of students, hours, rate of pay and dura tio n is also
spe cified (lines 26-33.). A s 21~ple sche dule will be found at page Agreement p. 7.
�SAMPLE FORM
1
OF
AGREEMENT
This Agreement, r.tade this [l] day of [2) , 19 [3] ,
(41
, herein called the
2
is entered into between
3
11
4
a public organization within the _meaning of that term as
5
defined in the regulations of the Department of Health,
6
Education and Welfare governing the College Work-Study
7
Program, herein called t:he .,Agency
8
the


A~
Institution 1' , and the Urban Corps of the City of
(5] ,
.
G-<-6.
t.r'
[,6] d'
~.I~
0 ,
acting by and through
o
9
WUEREAS, the Institution ·and the Agency desire to enter
10
into an agreement pursuant to Title I V, Part C of the Higher
11
Educa tion Act of 1955 (P.L. 89-329) as amended, . and the re-
12
gulations of t:he Der a rtment of Health, Education and Welfare
13
applict bJ:.e thereto, in order to promote, foster and develop
14
the
·15
for the purpose
16
to students eligible to participate in the College T·York-
17
Study Program and to ·e njoy the ~~tual benefits arising from
18
saicl program; and
19
20
21
2-2
(71
Urban Corps and the College WorJ_c-Study Progran1,
of providing employment and work experience
~mEREAS, the Agency will bed~fit directly from its
participation in the said program~ and ·
' WHEREAS, the said program will benefit the public
welfare,
23
NOW, THEREFORE, it is mutually a9reed as follows:
24 -
FIRST: The Agency hereby agrees to provide employment
2s.
for students duly certified by the Institution and acceptet
26
by the Agency.
Schedules to be attached to this Agreement
�-analysis-
2
Paragraph 11 SECOND 11 provides that the college shall be
informed of the nature of the work assigned to the student (lines 3436) and authorizes both the college and the agency to remove students from the program or from a specific assignment (lines 36-39).
It is important that the city reserve this right to transfer or remove
students at its discretion. The college, by virtue of its statutory control over the Federal funds, must likewise retain such a right of removal.
Note that the U.S. Office of Education suggests that termination procedures be established to avoid the appearance of arbitrary action.
The agency agrees to abide by the requiref!lents of the Civil Rights
Act of 1964 (lines 39-45).
Paragraph 11 THIRD 11 concerns transportation to and from work
and is suggested to clarify any questions which may arise in this area
(lines 46-47). Amend as appropriate.
Paragraph 11 FOUR TH 11 sets forth the substantive procedures
for compensation. The agency is identified as the employer and paymaster (lines 48-50).
At subparagraph 1, the level of Federal contribution is fixed at
eighty percent (lines 52-54) of gross compensation. Where authorized by
the Commissioner of Education in accordance with Sec. 444 (a) (6) of the
Higher Education Act of 1965, as amended, this amount may be negotiated
upward; and where deemed appropriate, the F e deral (college) sha r e may
be set at a lower level. Payment is on the basis of the rates established
by the annexed schedul es (see Agreement p. 7) .
Note that the college is not by this Ag.reement limited to the us e
of Federal College Work-Study funds in providing the required 80 pe r cent.
In some cases, insti tution s may be willing to subsidize qualified students
through other source s . This clause also protects the city against cla ims
by the college that it has inadvertently exhausted its CWSP allotment ,
and therefore cannot render its 80 percent.
�-
2 -
27
from tL~e to time, bearing the signatures of an authorized
28
official of the Agency and of the Institution, will set
29
forth the type of work to be perforned by students under
30
this Agreement, the total number of students to be employee,
31
the hourly rates of pay, the total number of hours per week
32
the students may work, and the total length of time the
33
students are to be ern~loyetl.
SECOND: Stud.e nts will be made available to the Agency
34
35
by the Institution for the performance of specified work
36
assignments.
37
own initiative or at the request of the Agency, may remove
38
students from the ~gency or from work on a particular assign-
39
ment.
40
employment or subjected to diffe rent treatment under this
41
Agreement because of race, color or national origin, and
42
that it will comply with the provisions of the Civil Rights
43
Act of 1964 (P.L. 88-352) as amended, and the regulations
44
of the Depart.."nent of Health, Educa t "!.on and Welfare whi ch
45
L"nplernent that Act.
I'he Agency or the Institution, either on its
1
The Agency agrees that no student will be denied
THIRD : Trans portation f or s t ude nts to a nd from t h e i r
46
work wi l l not be provide d b y the .Agency o r the Instit u tion .
47
48
FOURTH : The Agen cy s h a l l b e deemed the empl oyer for
49
purposes of this Agreemen t and shal l d isburse the compensa-
50
t ion payable to students under this Agreement, subject to
51
the following terms and conditions:
52
53
·•
1. The Institution shall pay to the Agency eighty per
cent (80%) of the gross compensation payable to each student ,
�-analysis-
3
Subparagraph 2. establishes the liability of the Urban Corps
(city) for the remaining 20 percent or such other amount as may be
established by the previous subsection (lines 55-57). Where additional
sources of matching contribution are available (as for example where the
state government provides 10 percent of the gross compensation) this
should be specified in a subsection inserted between land 2.
Subparagraph 3. sets forth the basis of transmission of CWSP
funds from the college to the city (lines 58-59). The payee should be
indicated (insert at 8); e.g. "City of Atlanta" or "Director of Finance. 11
The payroll period (and therefore the frequency of transmission of funds)
should be specified at insert 9. This should correspond with city payroll procedure and administrative efficiency. Students may be compensated weekly, bi-weekly or monthly.
Remittance by the college is on the basis of a statement of
compensation earned by its students during the corresponding period
(lines 59-61). This is in accordance with the Federal regulation limiting
the disbursement of CWSP funds until actual performance of work.
Subparagraph 4. gives the city the right to withhold payment to
the students until requisite payment is made by the college (lines 62-64).
Under this provision, however, the city may if it so desires advance payment to the students, based upon the college's approval of the payroll
and agreement to render payment. (For _d etails on this and other payroll
procedures, see the Urban Corps National Development Office_ report on
11 Compensation and Fiscal Control").
Subparagraph 5. requires t h e city to withhold and remit app r o priate taxes (line 65), such as Fede r al, state and local income taxes
and take such other action as is the respons i bility of an employer unde r
applicable law (lines 66-67). This may include providing Workmen's
Compensation insurance and the withholding a n d payment of FICA. (For
detail s on this and other matte r of legal responsibility, see the Urban
C orps Nation al Development Office report on 11 Legal Consideration s of
a n Urba n C orps 11 ) .
Subpa rag ra ph 6. requi r es the city to provide the colle g e w ith
i nforma t ion ne c es s ar y for it s compliance with Federal reporting re qui re me nts (lines 68 -71). This includes stateme nts of gross and net p ay, de ductions a nd pro of of p ayment. Note that n e ither the college n o r the Federal go v ernment h a ve an u nre strict e d r ight of i n s pection, except a s specified below.
Par-a.graph 11 F IFTH 11 est a b li s he s t he city as respons ible for the
supervision of participating students (lines 72- 74 ) but permit s the college
to evaluate the projects and revi ew working conditions and job requirements (lines 79-83) on the basis of information provided by the city and ·
upon direct inspection (lines 74- 75 ). The city agrees to provide the
college with a written record of hours worked during each payroll period,
duly certified by an authorized employee of the agency to which the student is assigned (lines 76- 78).
�- 3 -
54
55
- in accordance with the schedule or schedules attached hereto ;
2. The Agency shall provide such additional funds as
56
may be necessary for compensation of students under this
57
Agreement in accordance with such schedule or schedules;
58
3. The Instituti~J, shall maJ~e its remittance payable
ttfj_d/1tl~
on a
,m-,~
59
to the [81
60
of a statement of gross compensation payable its stud~nts for
61
the corresponding period;
{9) -
basis, upon receipt from the Agency
62
4. No payment shall be required to be Made to students
63
under this Agreement until the Agency receives corresponding
64
remittance from the Institution;
65
5. The Agency shall withhold and remit such taxes and
66
take such other measures as are the responsibility of the
67
employer under applicable Federal, state and local laws; and
68
6. The Agency shall furnish to the institution such
69
inforraaticn as nay be necessary for the Institution to comply
70
with the regulations of the U.S._. Office
71
taining to the College h'ork-Study Program.
72
of
Education per-
FIFTH: The Agency will he responsible for the super-
~'.'
73
vision of work performed by students rarticipating in any
74
project under this Agreement, anc:! will make available to
75
the Institution the names and locations of Agency supervisor~.
76
The Agency will provicl.e to the tnstitution a record of the
77
hours worked during each payroll period by each student as
78
certified by an authorized employee of the Agency. The Agency
79
will permit the Institution,' from time to time as it may re-
80
quest, to inspect the premises in which any student is working
·•
\.
�-analysisParagraph 11SIXTH 11 recites the statutory limitations upon the
utilization of students compensated through the Federal College Wo r kStudy Program (lines 84-94).
Paragraph 11 SEVENTH 11 recites the limitations established by
law as to maximum work hours (lines 95-99). Note that amendments to
Federal law permit some deviation from the fifteen hours limit in specific cases (lines 99-100).
Paragraph "EIGHTH" is designed to supersede other agreements
which may currently exist between the college and the city, or agencies of.
the city, for the conduct of programs under the College Work-Study Program {lines 101-104). This is necessary. to avoid the existence of parallel
and confusing programs.
Paragraph 11 NINTH1 1 specifies the effective (insert at 10) and
termination (insert at 11) dates of the program (lines 105-106). It is
suggested that the effective date be either June 1 (just before a summer
program would begin) or January 1 (during a natural break in an academic
year program) rather than at a fiscal year date such as July 1, which
would fall in t he midst of the program itself. The latter effective date
would seriously complicate program changes. The provision for extension for a limited period of time (insert at 12 the period of the extension)
is designed t o comport with general restrictions imposed upon government entities as t o the duration and renewal of contracts (lines 106-107).
�- 4
fQJ,
· :Jitf--~is Agreement, and will review with the Institution
-~ ~ ! ' n g eondi tions and job requirements of all such
i!i
84
s1:udents.
SIXTH: Work to be performed under this Agreement will
85
not result in the displacement of employed workers or impair
86
existing contracts for services; will be governed by such
87
conditions, including compensation, as will be appropriate
88
and reasonable in the light of such factors as the type of
89
work performed, geographical region and proficiency of the
90
employe£; and must not involve the construction, operation
91
or maintenance of so much of any facility used, or to be used,
92
for sectarian instruction or as a place of religious worship.
93
Further, no project may involve political activity or work
94
for any political party.
95
SEVENTH: No student shall perform work on any project
96
under this Agreement for more than an average of fifteen (15)
97
hours per week during any academic _period
98
which he is enrolled are in sessio~, or for more than forty
99
(40) hours in any other week, or as may otherwise be provided
100
101
~
ile classes in
f. l
under applicable Federal law and regulations.
EIGHTH: This Agreement shall supercede any and all prior
102
Agreements between the Institution and the Agency regarding
103
the mutual operation of a
104
provisions of the College work-Study Program.
105
NINTH: This Agreement shall take effect
Work~study. program under the
(10)
and
·a
106
shall terminate (11) , and may be extended hy written agree-
107
ment of the parties hereto for a period not to exceed
(121 •
'v
�-analysis-
5
The agreement should be signed by a duly authorized representative of the city and the college indicating the legal name of each
entity (inserts 13 & 16), the signature of the official (inserts 14 & 17),
and his official title (inserts 15 & 18). Where appropriate, the cor ...
porate seal should be affixed.
The first affidavit (lines 116-126) is for use by the city representative. Venue (inserts 19 & 20); date of execution (inserts 21, 22 &
23 conforming to the date first noted at 1, 2, & 3); name of affiant
(insert 24); title (inserts 25 & 2 7); name of city (inserts 26 & 28)
should be included. This information (with the exception of date of
execution) may be printed on the form. The officer before whom the
oath is taken signs at 29 and affixes his seal below (30).
�-
5 -
108
IN WITNESS WHEREOF, the parties hereto have executed this
109
Agreement as of the day and year first above written.


110
THE CITY OF [13)
111


ay_ _ _ _ _[__1_4___


J- - - - -
112
. [15]
113
[16]
By
114
[17)
11S
--
[Seal)
[18]
-- - -


116
STATE OF
[19)
1
117
COUNTY OF
(20)
1
118
[Seal]
) ss.:
On this [21) day of (22) , [23) , before me personally
119
came_____
[2_4__1___ , to
120
of the City of
121
as such
122
f. I

and he duly acknowledged to me that
he executed the same ~n
123
behalf of the Urban Corps of the City of
124
poses therein mentioned.
125
126
rie known to be the _ _ _ _~(2;;.;S;..:li....---
[26)
,


(27}
the person described in and who,
, executed the foregoing Agreement
(281
for the pur-

=[~2~9~]_ _ _ _ __
[lOJ
�-analysis-
6
The affidavit for the college's representative (lines 127-138)
-is ..similar to that for the city.
�- 6 -
127
STATE OP
[31)
128
CODlffY OF
( 32)
129
On
J
) ss.:
J
this (33) day of (34] ,_ (35] ., before
l'!le
personally
-130
came
131
depose and say that he is the
132
the Institution described in and which executed the foregoing
133
instrument; that he knows the seal of said institutiont that
134
the seal affixed to said instrument is such seal and was so
135
affixed by authorization of said Institution; and that he
136
signed his name thereto by like authorization.
(36)
, to me known, who, being duly sworn, did
[37)
of
137
(39)
138
(40)
(38) -
�-analysis-
·1
The schedule specifies the details of the Urban Corps for a
limited period of time. This permits changes in program duration,
rates of pay and hours without renegotiating a full agreement.
At 41,43 are inserted the name of the city. Insert 42 identifies the specific schedul e, which s h ould be sequentially lettered
as the program progresses £r e in year to year.
The hourly rates may be broken down on the basis of any
reasonable system of cate gori es. Because of the considerable
variety of assignments ava ilable through an Urban Corps, a scale
dependent upon academic year is bot h easier to apply and less subject
to argument. The rates themselves depend upon local conditions,
prevalent wages and civil service requ_irements. (Insert rates at 44,
45 & 46).
Federal law limi ts s tudents to a maximum of forty hours
during any week. However, local conditions may warrant a shorter
work-week, as in the case where city agencies operate on shortened
hours during the sum.mer. The maximum hours should therefore
be specified at 4 7.
The duration of the program is important to permit the colleges
to accurately compute costs . The starting and termination date of each
cycle of the program should be specified (inserts 48, 49, 51, & 52) to gether with the number of weeks involved (inserts 50 & 51).
The schedule should be dated (inse r ts 54, 55 & 56) and signed
by an authoriz ed representative of the city and t he college (inserts 5 762) . G e nerally, s uch a ttachments to contrac t s n eed not be executed
with the s ame formalities as t he prime ag reem e nt. However, local
r equirements should b e d e te r mine d p rio r t o decidi ng u pon the method
of ex ecuti on.
�- ?' SAi•IPLE SCHEDULE
The Urban Corps of the City of_ _ (4-l~)__
Schedule
(42)
A. Type of Work to be Performed
Students will be assigned exclusively to public
service activities with agencies of or associated
with the City of_:(43) , as specified in the "Internship Assignment" form provided the student, copies
of which shall become a part of this schedule.
B. Hourly Rates of Compensation
Entering Freshmen through
end of Sophomore year ••.•••••••••••• $
(44)
/hour
Entering Junior through
receipt of Bachelor's degree •••••••• $
(45)
/hour
Graduate & Professional
students .•••••••. • •••••••••••.•••••• $
(46)
/ hour


A graduate student is defined for purposes of


this agreement as one who has received a B. A.,
B.S. or equivalent degree, and is entering or
currently attending graduate or professional
school.
C. Limit at i ons Upon Maxi mum Wor king Hours
St udents may work up t o a maximum of (47)hours
per week.
D. Durati on of Summer Pr ogr am
____(.....4_8.,_
) _ _through___(._4__
9.._)_ _
(50} weeks.
E. Duration of Academic Year Program
____{~5_1~)_ _through___(.__5....
2.._)__ ;
{53) weeks.
This schedule shall supercede all previous such schedules,
and shall become a part of the Agreement to which it is
annexed hereto, in accordance with Paragraph 11 FIRST" of
said Agreement.
Agreed to this
(54) day of {55)
, 19 ( 56).
1
The Urban Cor s of the
City of
(57
by
(58)
{591
(60)
by
(61)
(62)
�Addenda to Sample Agreement
The situation sometimes arises where the student's participation in an Urban Corps may have to be terminated under the
requirements of the Federal College Work-S.tudy Program. This
may occur if the student loses his status of regular full-ti.me
enrollment or if his earnings exceed the level established by his
college as fulfilling his financial requirements.
In such cases, the college is required to terminate the
student.
However, since the student is employed by the city, .
it is possible for the college to "terminate" the student without
duly notifying the Urban Corps, · and then deny liability for work
performed' after such termination.
Paragraph "FOUR TH of the agreement binds the college
to provide the requisite 80% once the student has worked. However, to avoid the possibility of dispute, the following clause is
suggested, replacing paragraph "SECOND":
"
SECOND: Students will be made available to the Agency
by the Institution for the performance of specified work assignments.
The Agency or the Institution, either on its own initiative or at the
request of the Agency, may remove students from the Agency or
from work on a particular assignment, provided that the Institution
shall remain responsible for its portion of the compensation earned
by any duly certified student until such time as it shall inform the
Agency in writing of its intention to terminate the participation of
such student. The Agency agrees that no student will be denied
employment or subjected to ·different treatment under this Agreement because 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) as amended, and the regulations of the Department of
Health, Education and Welfare which implement that Act,
(New material underscored)
.I

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