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PublicationDate: 5/1/97 SectionTitle: Appendix 2 - Sample Documents A-I. Sample Contracts for Community Service Programs A-II. Needs Assessment Form A-III. Time Sheets A-1. Sample Contracts 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 Federal, State, or local public agency or private nonprofit organization which employs students participating in the Federal Work-Study program. Institutions and agencies or organizations may devise additional or substitute paragraphs 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 (Federal, State, or local public agency), (private nonprofit organization), (strike one), for the purpose of providing work to students eligible for the Federal Work- Study program [FWS]. Schedules to be attached to this agreement from time to time must be signed by an authorized official of the institution and the organization and must set forth-- (1) brief descriptions of the work to be performed by students under this agreement; (2) the total number of students to be employed; (3) the hourly rates of pay; and (4) the average number of hours per week each student will be used. 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 employer's 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. Students will be made available to the organization by the institution to perform 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, national origin, or sex. It further agrees that it will comply with the provisions of the Civil Rights Act of 1964 (Pub. L. 88-352; 78 Stat. 252) and Title IX of the Education Amendments of 1972 (Pub. L. 92-318) and the Regulations of the Department of Education which implement those Acts. (Where appropriate any of the following three paragraphs or other provisions 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 acceptable to the institution. (2) Transportation for 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. (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 is considered the employer. As appropriate, one of the following two paragraphs may be included.)*1* (1) The institution is considered the employer for purposes of this agreement. It has the ultimate right to control and direct the services of the students for the organization. It also has the responsibility to determine whether the students meet the eligibility requirements for employment under the Federal Work-Study program, to assign students to work for the organization, and to determine that the students do perform their work in fact. The organization's right is limited to direction of the details and means by which the result is to be accomplished. (2) The organization is considered the employer for purposes of this agreement. It has the right to control and direct the services of the students, 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 is limited to determining whether the students meet the eligibility requirements for employment under the Federal Work-Study program, to assigning students to work for the organization, and to determining that the students do perform their work in fact. (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 workers' 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 times 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 times 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 workers' 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 times 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 this 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 in clock time sequence and containing the supervisor's certification as to the accuracy of the hours reported; (b) A payroll form identifying the period of work, the name of each student, each student's hourly wage rate, the number of hours each student worked, each student's gross pay, all deductions and net earnings, and the total Federal share applicable to each payroll;2 and (c) Documentary evidence that students received payment for their work, such as photographic copies of canceled checks. *1* It should be noted that although the following paragraphs attempt to fix the identity of the employer, they will not necessarily be determinative 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 workers' 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 or she was injured. *2* These forms, when accepted, must be countersigned by the institution as to hours worked as well as to the accuracy of the total federal share which is to be reimbursed to the organization or agency. Sample University Off-Campus Federal Work-Study Agreement Effective from 07/01/96 to 06/30/97 This agreement is entered into between SAMPLE UNIVERSITY, hereinafter known as the "Institution" and QUALIFYING AGENCY, hereinafter known as the "Organization," a federal, state, or municipal agency or a private nonprofit organization, for the purpose of providing work to students eligible to participate in the Federal Work-Study (FWS) Program. The parties agree to and understand that work to be performed under this agreement is to be in the public interest, and which (1) will not result in the displacement of employed workers or impair existing contracts for services; (2) will be governed by such conditions 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 and as mutually agreed by the Institution and the Organization; (3) does not involve the construction, operation, or maintenance 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. FWS Employment Authorization Forms, signed by an authorized official of the Organization, and Job Description Forms, will set forth the names of students employed under this agreement, their hourly rates of pay, description of duties, and maximum gross earnings per student, and are considered part of this agreement. During periods of regular enrollment, students employed under this agreement may work no more than twenty (20) hours per week. When classes are not in session (during vacation breaks and summer), students may work forty (40) hours or more per week, and are entitled to overtime pay for any hours worked in excess of forty (40) per week. Students can only be paid for hours actually worked, and may not be paid for lunch, vacation, holiday, sick days, or other hours not actually worked. When a student's accumulated gross earnings reach his/her Federal Work-Study Award, (s)he must stop working under this agreement. Students will be made available to the Organization by the Institution as the Institution shall determine 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. (Page One of Three) Sample University Off-Campus Federal Work-Study Agreement Effective from 07/01/96 to 06/30/97 The Organization agrees that no student will be denied work or subjected to different treatment under this agreement on the grounds of race, color, religion, sex, 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 Department of Health, Education and Welfare which implement that act, and Title IX of the Education Amendments of 1972 (Pub. L. 92-318). The Institution is considered the employer for purposes of this agreement. It has the ultimate right to control and direct the services of each student for the Organization. It has the responsibility to determine whether the students meet the eligibility requirements for employment under the Federal Work-Study Program, to assign students to work for the Organization, and reserves the right to determine whether students are performing appropriate work. The Organization's right is limited to direction of the details and means by which the result is to be accomplished. Transportation for students to and from their work assignments will not be provided by either the Institution or the Organization. In the event of injury incurred by a student employee while acting within the scope of his/her duties, the Institution shall assume responsibility as employer. Compensation 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 worker's compensation laws, under Federal or State social security laws, or under any other applicable laws, will be made--by the Institution. The student will be paid by the Institution based on the established hourly rate and number of hours worked. A written record of hours worked is to be submitted by the Organization to the Institution on a biweekly basis in accordance with a schedule issued annually by the Institution. At the Institution's request, the Organization agrees to confirm these hours by authorized signature of an Organization official on verification statements before the Institution will release payments to the students employed under this agreement. This agreement requires that the Organization will pay twenty five percent (25%) of student compensation, and one hundred percent (100%) of any and all payments required to be made by the Institution under Federal or State social security laws, or under any other applicable laws. The Organization will be billed on a quarterly basis and will remit payment to the Institution no later than 30 days after the billing date. (Page Two of Three) OFF-CAMPUS FEDERAL WORK-STUDY AGREEMENT 1996-97 ACADEMIC YEAR (EFFECTIVE FROM 07/01/96 - 06/30/97) ORGANIZATION DESCRIPTION NAME OF ORGANIZATION ________________________ TELEPHONE ______________ ADDRESS _________________________________________ _________________________________________ ORGANIZATION STATEMENT OF PURPOSE _________________________________________ _________________________________________ ORGANIZATION SOURCE OF FUNDING _________________________________________ TYPE OF ORGANIZATION (please check) _________________________________________ IRS EXEMPTION NO. ______________________ WHAT OTHER COLLEGES' WORK-STUDY STUDENTS ARE EMPLOYED AT YOUR ORGANIZATION? _________________________________________ _________________________________________ INDIVIDUAL RESPONSIBLE FOR THE RECEIPT AND PAYMENT OF INVOICES NAME ___________________________________ TITLE ___________________________________ ADDRESS __________________________________________ __________________________________________ TELEPHONE ______________________________ Authorized Signature(s) for Time Reporting: Printed Name Title/Department Signature _____________________________________________ _____________________________________________ _____________________________________________ Contract Authorization: Date: ____________________ Signed (for the Institution): ____________________________________________ John Q. Public Director of Financial Aid Date: ____________________ Signed (for the Organization): _____________________________________________ Printed/Typed Name:____________________________ Title:_________________________________________ (Page Three of Three) A-II. Needs Assessment Form NEED ASSESSMENT FOR FWS COMMUNITY SERVICE PROGRAM Agency Name: _________________________ Date: ___________ Contact Name: __________________________ Phone: __________________ Address: ___________________________________ ___________________________________ 1. ______ Non-Profit ______ For Profit 2. Agency Mission Statement and Description of Clients Served 3. Agency Funding Sources (check all that apply): ______ Federal ______ State ______ County/City ______ United Way ______ Other (explain) 4. Agency's fiscal year: ___________ to ___________ 5. Agency Staffing (number of positions): ______ Full-time paid staff ______ Part-time paid staff ______ Student employees ______ Volunteers 6. How many student jobs may be available at your agency during: Summer 199x ______ 199x-9x Academic Year ______ Summer 199x ______ 7. For each student job expected to be available as indicated in #6, provide the following information, attaching a separate sheet for each position. Job Title Rate or Range of Pay per hour Begin and End Dates Work Schedule - Days and Hours Total Hours/Week Description of Duties Qualifications and Experience (indicate preferred or required) 8. Has your agency hired students through the Federal Work-Study Program in the past? ______ If Yes: number of students ______ dates employed _________________________ avg length employed ______ 9. Additional Comments SAMPLE UNIVERSITY Off-Campus Federal Work-Study Program 1996-1997 Student Employee Time Sheet and Verification Form [[The sample 1996-1997 Student Employee Time Sheet and Verification Form on page 45 is currently unavailable for viewing. Please reference your paper document for additional information.]] |