UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY AGREEMENT UNDER THE COLLEGE WORK-STUDY PROGRAM

Transcription

1 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY AGREEMENT UNDER THE COLLEGE WORK-STUDY PROGRAM Contract No._ _ The UNITED STATES OF AMERICA, hereinafter known as the Judicial Branch, and University of Notre Dame Law, hereinafter known as the University, enter into this Agreement for the purpose of providing work to students eligible to participate in the College-Work Study Program in accordance with the following covenants, provisions, terms, and conditions: 1. Judicial Branch Office, Administrator This agreement covers, and students will work in, the office of the U.S. District Court for the District of New Jersey, hereinafter known as the Judicial Branch Office. The College Work-Study Program Administrator in this Judicial Branch Office is: Emma C. Fernandez-Regan, HR Manager, whose address is 402 E. State Street, Trenton, New Jersey The College Work- Study Program Administrator shall have such authority for the day-to-day administration of this Agreement as is expressly delegated herein. 2. Applicable Laws (a) This Agreement is subject to and the parties shall comply with the laws (42 U.S.C b) and regulations (34 C.F.R. Part 675) in effect at the time of execution of this Agreement which pertain to the College Work-Study Program. (b) The Judicial Branch will neither deny a student work nor subject a student to unequal treatment under this Agreement in violation of the Constitution of the United States or any applicable law of the United States. 3. Schedules; Nature of Work (a) The parties shall attach Schedules to this Agreement from time to time which set forth: (1) brief descriptions of the work the students will perform; (2) the total number of participating students; (3) the hourly rates of pay; (4) the average number of hours per week each student will work; and (5) the expected duration of the assignment of students. The duration of assignments may be less than the full term of this Agreement, but no assignment may extend beyond the expiration of this Agreement in the absence of a replacement agreement. (b) Each Schedule shall bear the actual signature of a duly authorized official of the University and the actual signature of the College Work-Study Program Administrator. (c) No student will work more than an average of twenty (20) hours per week while attending classes for credit, or more than forty (40) hours per week while not attending classes for credit.

2 (d) In the event of any inconsistency between a Schedule and this Agreement, this Agreement shall control. No Schedule shall operate to amend this Agreement. (e) The work described in any Schedule attached to this Agreement shall satisfy the following requirements: (1) The work will be in the public interest. (2) Students working under this Agreement will not displace employed workers or impair existing contracts for services. (3) Appropriate and reasonable conditions of employment, including compensation, will govern the work students perform under this Agreement, in light of such factors as type of work, geographical region, the student's proficiency, and any applicable federal, state, or local legislation. (4) The work will not involve political activity associated with a candidate or with a contending faction or group in an election for public or party office, and will not involve lobbying on the federal level. 4. Responsibilities of the University (a) The University will make available to the Judicial Branch Office students for the performance of specific work assignments. (b) The University may remove students from work on a particular assignment or from work at the Judicial Branch Office on its own initiative. (c) The University shall remove students upon the request of the Judicial Branch. (d) The University is and shall be deemed for all purposes to be the employer of each student assigned to the Judicial Branch Office. The University shall have the ultimate right and responsibility to control and to direct the services of each student. (e) The University shall determine that each student meets the eligibility requirements for participation in the College Work-Study Program, shall assign students to work in the Judicial Branch Office, and shall determine that the students do perform their work in fact. (f) The University shall disburse compensation payable to each student for work the student performs. The University shall make all payments due as an employer's contribution under state or local worker's compensation laws, under federal or state social security laws (FICA), or under other applicable laws. (g) The University shall pay each student until a student depletes his/her federal work study fund awarded in each academic year. (h) The University shall obtain at its own expense all necessary licenses and permits, and shall conform to all laws, regulations, and ordinances applicable to performance under this Agreement.

3 (i) The University shall, upon request, furnish documentary evidence that the students have received payment for their work, such as photoduplicates of canceled checks. (j) The University will inform the College Work-Study Program Administrator in writing of the maximum number of hours per week a student may work. (k) The University shall have the responsibility of an employer for any injury on the job of a student, notwithstanding the existence of any facts at the time of the injury which might suggest the existence of an employer-employee relationship with the Judicial Branch or a dual employer situation. The University shall maintain any necessary policies of insurance as employer, including insurance under state or local worker's compensation laws, or shall satisfy continuously during the term of this Agreement such conditions as may entitle the University to act as a self-insured employer under applicable law. (l) The University shall maintain at all times during the performance of this Agreement damage liability insurance or equivalent self-insurance. 5. Responsibilities of the Judicial Branch (a) The College Work-Study Program Administrator will assign directly to each student the work to be performed. (b) The Judicial Branch will permit the University to supervise the work of the students and, upon request, to inspect the premises upon which any student is working. The College Work-Study Program Administrator will review with a duly authorized official of the University, upon request, the working conditions and job requirements of each student. (c) Nothing in this Agreement shall be construed to create or establish an employer-employee relationship between the Judicial Branch (or any official of the Judicial Branch) and a student assigned to the Judicial Branch Office. (d) The Judicial Branch will furnish to the University, upon such forms as the University shall supply, the following records for review and retention for each payroll period: Time reports indicating the total hours each student works each week. The College Work- Study Program Administrator will verify the accuracy of the report and the University's College Work-Study Program Supervisor will countersign such reports to certify their accuracy and each student's satisfactory performance. (e) The Judicial Branch, acting by and through the Director of the Administrative Office of the United States Courts, will consider, ascertain, adjust, determine, compromise, and settle any claim for money damages against the United States for injury or loss of property or personal injury or death caused by the negligent or wrongful act or omission of any employee of the Judicial Branch while acting within the scope of office or employment in accordance with the provisions of chapter 171 of title 28, United States Code.

4 6. Responsibilities of the Students The Judicial Branch will not reimburse a student for transportation to and from the place where the student regularly performs services for the Judicial Branch Office. The student shall be solely responsible for such expenses, unless the University agrees to pay such expenses. 7. Term (a) This Agreement is effective immediately upon execution by both parties. (b) Unless a party terminates this Agreement at an earlier date in accordance with this section, this Agreement will continue in force through and including the last day of September next occurring after the effective date, i.e., September 30,. In no event shall this Agreement continue in force for more than one (1) year. (c) The University may terminate this Agreement at any time by giving thirty (30) days written notice of termination to the Judicial Branch by certified mail, return receipt requested, directed to the contracting officer and to the College Work-Study Program Administrator. (d) The contracting officer, by written notice, may terminate this Agreement, in whole or in part, when it is in the best interest of the government of the United States. 8. Copyright (a) The parties expect that the services of students under this Agreement may result in the creation of works in which copyright can subsist in accordance with the laws of the United States. The parties agree that they intend such works to be in the public domain, in the sense that no copyright shall subsist in or protect any such work. The University shall not place any copyright notice on a work which a student creates within the scope of his employment under this Agreement, and shall not permit any student to place such a copyright notice on such a work. (b) To the extent that copyright may continue to subsist in any work which a student prepares within the scope of his employment, the parties agree that such work is a "work made for hire" and that the Judicial Branch official for whom the student prepares the work is the author for purposes of the copyright laws of the United States. 9. Integration This Agreement, and any documents expressly referenced herein, constitute the complete and exclusive statement of the agreement between the parties. This Agreement can be amended only in writing by the person authorized to act on behalf of and to bind the University and by the contracting officer.

5 IN WITNESS WHEREOF, the University and the Judicial Branch have executed three (3) originals of this Agreement. JUDICIAL BRANCH UNITED STATES OF AMERICA By: Signature: Date: UNIVERSITY By: University Name Name: Title: Address: Signature: Date:

6 Index I List of University of Notre Dame Interns CY 2016