Box 9, Folder 6, Document 23

Box 9, Folder 6, Document 23

-analysis- \ 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 identity of the city (insert 5), the nature of the Urban Corps as a
public agency, and the contracting authority on the part of the city (insert 6).
Gyn a

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 program and identify the Federal program involved
therein. (Insert at 7 the narne of city)

Paragraph "FIRST" establishes the right of the city to exercise
its discretion as to the acceptance of students made available by the parti-
cipating college (lines 25-26). The incorporation of schedules indicating
type of work, number of students, hours, rate of pay and duration is also
specified (lines 26-33). A saimple schedule will be found at page Agree-
ment p. 7.
Ln a Cespee

SAMPLE FORM OF AGREEMENT

a This Agreement, made this_[1} day of [2] , 19 [3] ,

2 is entered into between 4] , herein called ee.

3 “Institution”, and the Urban Corps of the City of (5).

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: PEOGEaIN? Bere called the "agency" » acting by and through

8 “Fey we ro

9 WHEREAS, the Institution and the Agency desire to enter
10 into an agreement pursuant to Title Iv, Part C of the Higher
11 Education Act of 1955 (P.L. 89-329) as amended, and the re-
12 gulations of the Department of Health, Education and Welfare
13 applicable thereto, in order to promote, foster and develop
14 the” 7] Urban Corps and the College Work-Study Program,
15 for the purpose of providing employment and work experience
16 to students eligible to participate in the College Work-
17 Study Program and to enjoy the mutual benefits arising from
1s said program; and

19 WHEREAS, the Agency will benefit directly from its
20 participation in the said program; and ©
21 ‘WHEREAS, the said program will benefit the public

22 welfare,

23 NOW, THEREFORE, it is mutually agreed as follows:

24° FIRST: The Agency hereby agrees to provide employment
256 | for students duly certified by the Institution and acceptet

26 -by the Agency. Schedules to be attached to this Agreement
-analysis-

Paragraph 'SECOND" provides that the college shall be
informed of the nature of the work assigned to the student (lines 34-
36) and authorizes both the college and the agency to remove stu-
dents 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 con-
trol over the Federal funds, must likewise retain such a right of removal.
Note that the U.S. Office of Education suggests that termination pro-
cedures be established to avoid the appearance of arbitrary action.
The agency agrees to abide by the requirements of the Civil Rights
Act of 1964 (lines 39-45). ;

Paragraph ''THIRD" 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 ''FOURTH" sets forth the substantive procedures
for compensation. The agency is identified as the employer and pay-
master (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 Federal (college) share may
be set at a lower level. Payment is on the basis of the rates established
by the annexed schedules (see Agreement p. 7).

Note that the college is not by this Agreement limited to the use
of Federal College Work-Study funds in providing the required 80 percent.
In some cases, institutions may be willing to subsidize qualified students
through other sources. This clause also protects the city against claims
by the college that it has inadvertently exhausted its CWSP allotment,
and therefore cannot render its 80 percent.
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from time to time, bearing the signatures of an authorized
official of the Agency and of the Institution, will set
forth the type of work to be performed by students under
this Agreement, the total number of students to be employed,
the hourly rates of pay, the total number of hours per week
the students may work, and the total length of time the
students are to be employed. |

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 assign-
ment. 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. ‘4

THIRD: Transportation for students to and from their
work will not be provided by the Agency or the Institution.

FOURTH: The Agency shall be deemed the employer for
purposes of this Acreement and shall disburse the compensa-
tion payable to students under this Agreement, subject to
the following terms and conditions:

1. The Institution shall pay to the Agency eighty per

cent (80%) of the cross 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 l and 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."'
The payroll period (and therefore the frequency of transmission of funds)
should be specified at insert 9. This should correspond with city pay-
roll procedure and administrative efficiency. Students may be compen-
sated 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 pay-
ment to the students, based upon the college's approval of the payroll
and agreement to render payment. (For details on this and other payroll
procedures, see the Urban Corps National Development Office report on
"Compensation and Fiscal Control").

Subparagraph 5. requires the city to withhold and remit appro-
priate taxes (line 65), suchas Federal, state and local income taxes
and take such other action as is the responsibility of an employer under
applicable law (lines 66-67). This may include providing Workmen's
Compensation insurance and the withholding and payment of FICA. (For
details on this and other matter of legal responsibility, see the Urban
Corps National Development Office report on ''Legal Considerations of
an Urban Corps").

Subparagraph 6. requires the city to provide the college with
information necessary for its compliance with Federal reporting require-
ments (lines 68-71). This includes statements of gross and net pay, de-
ductions and proof of payment. Note that neither the college nor the Fede-
ral government have an unrestricted right of inspection, except as speci-
fied below.

Paragraph ''FIFTH" establishes the city as responsible for the
supervision of participating students (lines 72-74) but permits the college
to evaluate the projects and review working conditions and job require-
ments (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 stu-
dent is assigned (lines 76-78).
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} Ataoe

in accordance with the schedule or schedules attached hereto;
2. The Agency shall provide such additional funds as

may be necessary for compensation of students under this

Agreement in accordance with such schedule or schedules;

sity of Ath :

fT

3. the, Institution shall make its remittance payable
to the [8] on a (9) basis, upon receipt from the Agency
of a statement of gross compensation payable its students for
the corresponding period; |

4. No payment shall be required to be made to students
under this Agreement until the Agency receives corresponding
remittance from the Institution;

5. The Agency shall withhold and remit such taxes and
take such other measures as are the responsibility of the
employer under applicable Federal, state and local laws; and

6. The Agency shall furnish to the institution such
information as may be necessary for the Institution to comply
with the regulations of the U.S. Office of Education per-
taining to the College Work-Study Program.

FIFTH: The Agency will he responsible for the super-
vision of work performed by students participating in any
project under this Agreement, anc will make available to
the Institution the names and locations of Agency supervisors.
The Agency will provide to the fnstitution a record of the
hours worked during each payroll period by each student as
certified by an authorized employee of the Agency. The Agency
will permit the Institution, from time to time as it may re-~

quest, to inspect the premises in which any student is working

V


4

-analysis-

Paragraph ''SIXTH" recites the statutory limitations upon the
utilization of students compensated through the Federal College Work-
Study Program (lines 84-94).

Paragraph "SEVENTH" 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 speci-
fic 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 Pro-
gram (lines 101-104). This is necessary.to avoid the existence of parallel
and confusing programs.

Paragraph ''NINTH" specifies the effective (insert at 10) and
termination (insert at 11) dates of the program (lines 105-106). Itis
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 the midst of the program itself. The latter effective date
would seriously complicate program changes. The provision for exten-
sion for a limited period of time (insert at 12 the period of the extension)
is designed to comport with general restrictions imposed upon govern-
ment entities as to the duration and renewal of contracts (lines 106-107).
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101
102
103
104
105
106
107

i. as

under this Agreement, and will review with the Institution

hE working conditions and job requirements of all such

students.

SIXTH: Work to be performed under this Agreement will
not result in the displacement of employed workers or impair
existing contracts for services; will be governed by such
conditions, including compensation, as will be appropriate
and reasonable in the light of such factors as the type of |
work performed, geographical eqion ane proficiency of the
employee; and must not involve the construction, operation
or maintenance of so much of any facility used, or to be used,
for sectarian instruction or as a place of religious worship.
Further, no project may involve political activity or work
for any political party.

SEVENTH: No student shall perform work on any project
under this Agreement for more than an average of fifteen (15)
hours per week during any academic period while classes in
which he is enrolled are in sessior, or for more than forty
(40) hours in any other week, or as may otherwise be provided
under applicable Federal law and regulations.

EIGHTH: This Agreement shall supercede any and all prior
Agreements between the Institution and the Agency regarding
the mutual operation of a Work-Study. program under the
provisions of the College Work-Study Program.

NINTH: This Agreement shall take effect [10] and
shall terminate {11} _, and may be extended by written agree-

ment of the parties hereto for a period not to exceed_ [12] .
-analysis-

The agreement should be signed by a duly authorized repre-
sentative 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 repre-
sentative. Venue (inserts 19 & 20); date of execution (inserts 21,22 &
23 conforming to the date first noted at1,2, & 3); name of affiant
{insert 24); title (inserts 25 & 27); 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 By {14] {Seal}
112 [15]

113 fie).

114 By [17] {Seal}
115 [18]

116 STATE OF [19)

117. COUNTY OF {20}

118 On this [21] day of _[22] , [23] , before me personally
119 came [24 to me known to be the {25]



120 of the City of 26) the person described in and who,

121 as such {27} , executed the foregoing Agreement



122 and he duly acknowledged to me that he executed the same in
123. behalf of the Urban Corps of the City of _[2@] for the pur-
124 poses therein mentioned.

125 [29}

126 [30]
The affidavit for the college's representative (lines 127-138)
-is.similar to that for the city.




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128

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138

STATE OF {31}

} :
}) SS.:
COUNTY OF _ {32} }
On this [33] day of _(34] , [35} , before me personally
cane (36) , to me known, who, being duly sworn, did
depose and say that he is the £37) of {38} . ;



the Institution described in and which executed the foregoing
instrument: that he knows the seal of said Institution; that
the seal affixed to said instrument is such seal and was 80
affixed by authorization of said Institution; and that he
signed his name thereto by like authorisation.

{39)

{40}
-analysis - 7

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 iden-
tifies the specific schedule, which should be sequentially lettered
as the program progresses frcm year to year.

The hourly rates may be broken down on the basis of any
reasonable system of categories. Because of the considerable
variety of assignments available through an Urban Corps, a scale
dependent upon academic year is both easier to apply and less subject
to argument. The rates themselves depend upon local conditions,
prevalent wages and civil service requirements. (Insert rates at 44,
45 & 46).

Federal law limits students 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 summer. The maximum hours should therefore
be specified at 47.

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 (inserts 54, 55 & 56) and signed
by an authorized representative of the city and the college (inserts 57-
62). Generally, such attachments to contracts need not be executed
with the same formalities as the prime agreement. However, local
requirements should be determined prior to deciding upon the method
of execution.
ws

-_ / —
SAMPLE SCHEDULE

The Urban Corps of the City of __ (41) 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 "Intern-
ship 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....socescscee od (4h) /hour

Entering Junior through
receipt of Bachelor's degree........$_ (45) /hour

Graduate & Professional

BCUGENESS.. 25 pce chee ee senses Nar enesect. (60). noun

*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
curren attending graduate or professional
school.

C. Limitations Upon Maximum Working Hours

Students may work up to a maximum of_(47)hours
per week.

D. Duration of Summer Program





(48) through ___(49) ; __(50) weeks.
E. Duration of Academic Year Program
(51) through ___(52) ; __(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 "FIRST" of
Said Agreement.

Agreed to this (54) day of (55) ,19 (56).

The Urban Corps of the

City of (57) (60)

by (58) by (61)
(59) (62)
Addenda to Sample Agreement



The situation sometimes arises where the student's parti-
cipation in an Urban Corps may have to be terminated under the
requirements of the Federal College Work-Study Program. This
may occur if the student loses his status of regular full-time
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 'FOURTH" of the agreement binds the college
to provide the requisite 80% once the student has worked. How-
ever, 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 Agree-
ment 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)