HomeMy WebLinkAboutCalifornia State University Fresno - Agreement for Experiential Education Agreement for Experiential Education
THIS EXPERIENTIAL EDUCATION AGREEMENT (Agreement), made and entered
into this 20th day of September, 2018, is between the Trustees of the California State
University, (Trustees) on behalf of California State University, Fresno, (University) and
the City of Fresno, a municipal corporation (Learning Site).
RECITALS
WHEREAS, University is committed to service in the community, and applied
learning experiences for students that is accomplished through field education, service-
learning, internships, research, and other activities that integrate University's academic
study with practical experience; and
WHEREAS, University desires to provide its undergraduate students (Students)
with an educational, learning, and experiential opportunities through off-campus and on-
campus experiences, including service learning, cooperative education, internships,
externships and volunteer activities (Program); and
WHEREAS, the Learning Site recognizes the benefit of experiential education
programs to the community and is capable of providing a learning experience; and
WHEREAS, Activities, as set forth in Exhibit "A", are periodically updated to reflect
new learning objectives to be furnished under this Program. Activities contemplated
under this Agreement are of mutual interest and benefit to University and Learning Site.
NOW, THEREFORE, in consideration of the mutual promises set forth below, the
University and Learning Site (collectively, the Parties) agree as follows:
AGREEMENT
1. Term. This Agreement shall commence on September 20, 2018, and end
on September 19, 2023, subject to earlier termination pursuant to the terms and
conditions herein. The Term of this Agreement may be extended by mutual agreement
of the Parties, in writing, on the same terms and conditions as set forth in the Agreement.
The party seeking to extend the Term of this Agreement shall provide written notice to
the other party a minimum of sixty days prior to the expiration of the then-current terms
of the Agreement.
2. Termination.
a. Without Cause. Either party may terminate this Agreement by
giving thirty days' written notice. In the event of termination of this Agreement
(either with or without cause), Students currently enrolled in the Program shall not
be prejudiced by such termination and shall be permitted to complete the Program
under the conditions set forth in this Agreement. Termination shall not relieve
either party of obligations arising under this Agreement in connection with
activities performed prior to termination.
b. For Cause. Either Party may terminate this Agreement, upon
written notice, for cause in the event of a material breach by either Party of the
terms and conditions hereof. Upon receipt of such notice, if the breaching party is
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unable to cure such breach within fifteen days, the Agreement shall be deemed to
terminate at the end of the cure period.
3. Nature and Scope of Student Activities. The nature and scope of Activities
to be furnished by Students under the Program is defined and described in Exhibit "A",
as may be updated from time to time to reflect additional learning objectives.
4. Learning Site's Responsibilities:
a. Identify the student's supervisor; who agrees to: meet with the
student regularly to facilitate the student's learning experience; provide support,
review progress on assigned tasks, verify service hours, give feedback and be
responsible for the safety and supervision of student while on site.
b. Provide an orientation that includes: a site tour; an introduction to
staff relevant to the student's experiential learning activities; a description of the
characteristics of and risks associated with the Learning Site's operations,
services and/or clients; a discussion concerning safety policies and emergency
procedures; and information detailing where students check-in and how they log
their time.
C. Provide student with a written description of the student's tasks and
responsibilities.
d. Provide appropriate training, equipment, materials and work area
for students prior to students performing assigned tasks or worming with the
Learning Site's clients.
e. Inform student if there is a need for a background check,
fingerprinting and/or a health screening test (such as a tuberculosis test); and if
yes, obtain the student's fingerprints, background check and/or health screening
test results, and maintain the confidentiality of any results as required by federal
and state law.
f. Evaluate the student if requested by the University and contact the
University if the student fails to perform assigned tasks or engages in
misconduct.
g. Provide emergency first aid for any student who becomes sick or
injured by conditions arising out of or in the course of said student's participation
in the learning experience at the Learning Site, and providing prompt notification
(within 24 hours) to the University. Student is responsible for all associated costs
and fees.
h. Notify the University contact listed in the specific student's Learning
agreement as soon as possible of any unusual and/or uncontrolled health &
safety hazards and/or incidents of violence that occur at the Learning Site during
the contract period.
i. Provide notification of the termination as soon as possible to the
University contact listed in the specific student's Learning agreement.
5. University's Responsibilities. The University will advise the student(s) of
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their responsibility to:
a. Participate in all training required by the Learning Site.
b. Exhibit professional, ethical, and appropriate behavior when at the
Learning Site.
C. Complete all assigned tasks and responsibilities in a timely and
efficient manner.
d. Abide by the Learning Site's rules and standards of conduct.
e. Maintain the confidentiality of the Learning Site's proprietary
information, records and information concerning its clients
6. Indemnification. Learning Site shall indemnify, hold harmless and defend
University and each of its officers, officials, employees, agents and volunteers from any
and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in
contract, tort or strict liability, including but not limited to personal injury, death at any
time and property damage) incurred by University, Learning Site or any other person,
and from any and all claims, demands and actions in law or equity (including attorney's
fees and litigation expenses), arising or alleged to have arisen directly or indirectly from
the negligent or intentional acts or omissions, or willful misconduct of Site or any of its
officers, officials, employees, agents or volunteers in the performance of this
Agreement; provided nothing herein shall constitute a waiver by Learning Site of
governmental immunities including California Government Code section 810 et seq.
University shall indemnify, hold harmless and defend Learning Site and each of its
officers, officials, employees, agents and volunteers from any and all loss, liability, fines,
penalties, forfeitures, costs and damages (whether in contract, tort or strict liability,
including but not limited to personal injury, death at any time and property damage)
incurred by the Learning Site, University or any other person, and from any and all
claims, demands and actions in law or equity (including attorney's fees and litigation
expenses), arising or alleged to have arisen directly or indirectly from the negligent or
intentional acts or omissions, or willful misconduct of Learning Site or any of its officers,
officials, employees, agents or volunteers in the performance of this Agreement;
provided nothing herein shall constitute a waiver by University of governmental
immunities including California Government Code section 810 et seq..
In the event of concurrent negligence on the part of Learning Site or any of its officers,
officials, employees, agents or volunteers, and University or any of its officers, officials,
employees, agents or volunteers, the liability for any and all such claims, demands and
actions in law or equity for such losses, fines, penalties, forfeitures, costs and damages
shall be apportioned under the State of California's theory of comparative negligence as
presently established or as may be modified hereafter.
This paragraph will survive expiration or termination of this Agreement.
7. Insurance. Each party agrees to maintain general liability coverage of at
least $1,000,000 per occurrence, $2,000,000 aggregate and to provide evidence of
coverage upon request. Insurance must be placed with insurers with a current A.M.
Best rating of at least A, or a qualified program of self-insurance.
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8. Relationship of Parties. Students participating in a learning activity at the
Learning Site are considered trainees, and are not officers, employees, agents or
volunteers of the University or the Learning Site. (For paid internships only, Students
may be eligible for Workers Compensation, benefits and/or compensation of other types
which would be the responsibility of the Learning Site to determine and provide as
required by law.) As trainees, and solely for the purposes provided in this section, the
students and instructors shall be considered members of the Learning Site "workforce"
as defined by the HIPAA regulations of 45 CFR Section 160.103, and shall be subject to
Learning Site's policies protecting the confidentiality of personal health information, as
well as any other confidential information that may arise out of performance of this
Agreement. Learning Site shall provide the students with substantially the same training
that it provides to its employees for such purposes.
9. Publication. University and Students will be free to include references to
the Program in class assignments and other educationally-related matters (for example,
a thesis or paper). In order to avoid inadvertent disclosure of Learning Site's
Confidential Information, University shall submit any such documentation to Site for
review at least thirty days prior to planned submission for publication or disclosure.
Learning Site shall notify University within thirty days of receipt whether such materials
contain Learning Site's confidential information. University shall, at Learning Site's
written request, delete Learning Site's confidential information from the intended
publication or presentation and in such case, Learning Site may request a delay in
publication, but in no event shall the delay in publication exceed thirty days.
10. Use of Name. Nothing in this Agreement confers on either party the right
to use the other party's name, logo, trademark, or other indicia without written
permission. Nothing in the agreement constitutes an endorsement of any commercial
product or service by the University.
11. General Provisions.
a. Dispute Resolution. The Learning Site and the University will meet
upon request or as necessary to resolve any potential conflicts and to facilitate a
mutually beneficial experience for all involved.
b. Attorney's Fees. If a party is required to commence any proceeding
or legal action to enforce or interpret any term, covenant or condition of this
Agreement, the prevailing party in such proceeding or action shall be entitled to
recover from the other party its/their reasonable attorney's fees and legal
expenses.
C. Waiver. The waiver by any party of a breach by the other of any
provision of this Agreement shall not constitute a continuing waiver or a waiver of
any subsequent breach of either the same or a different provision of this
Agreement.
No provisions of this Agreement may be waived unless in writing and approved
by and signed by all parties to this Agreement. Waiver of any one provision
herein shall not be deemed to be a waiver of any other provision herein.
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No action or omission by either party shall constitute a breach of this Agreement
unless the injured party first notifies the other party of the purported breach in
writing setting forth the alleged breach or default and said party does not cure the
same within a reasonable period of time. The payment of any fee or
compensation or performance of any obligation hereunder by either party shall
not constitute a waiver of any breach by the other party or of any of the rights and
remedies which either party may have as a result of such breach. No waiver by
either party of breach of the Agreement shall be implied from any failure by the
other party to take action on account of such breach if such breach persists or is
repeated. Waivers by either party of any covenant, term or condition contained
herein shall not be construed as a waiver of any subsequent breach of the same
covenant, term or condition.
d. Amendment. This Agreement may not be altered unless both
parties agree in writing. The parties agree to follow all applicable federal, state
and local laws and regulations, including but not limited to laws prohibiting
discrimination and harassment. Additionally, this agreement is not legal and
binding upon any of the parties concerned until signed on behalf of the Trustees
by the University, and the Learning Site.
e. Assignment. There shall be no assignment by any party of its rights
or obligations under this Agreement without the prior written approval of the other
party. Any attempted assignment by a party, its successors or assigns, shall be
null and void unless approved in writing by the other party.
f. Governing Law and Venue. This Agreement shall be governed by,
and construed and enforced in accordance with, the laws of the State of
California. Venue for purposes of the filing of any action regarding the
enforcement or interpretation of this Agreement and any rights and duties
hereunder shall be Fresno, California.
g. Entire Agreement. It is mutually understood and agreed that the
foregoing constitutes the entire Agreement between the parties. Any
modifications or amendments to this Agreement must be in writing signed by an
authorized agent of each party.
h. Headings. The section headings in this Agreement are for
convenience and reference only and shall not be construed or held in any way to
explain, modify or add to the interpretation or meaning of the provisions of this
Agreement.
i. Severability. The provisions of this Agreement are severable. The
invalidity or unenforceability of any one provision in this Agreement shall not
affect the other provisions.
j. Interpretation. The parties acknowledge that this Agreement in its
final form is the result of the combined efforts of the parties and that, should any
provision of this Agreement be found to be ambiguous in any way, such
ambiguity shall not be resolved by construing this Agreement in favor or against
any party, but rather by construing the terms in accordance with their generally
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accepted meaning.
k. Notice. Any notice required or intended to be given to a party
under the terms of this Agreement shall be in writing and shall be deemed to be
duly delivered the earlier of (a) actual receipt by personal delivery to the
representative (as defined herein), as the case may be, or in lieu of such
personal service, by way of Federal Express, DHL, or other similar courier
addressed to such party at the appropriate address set forth herein, (b) the date
of receipt by facsimile to the Learning Site's Representative or the University
Representative as set forth below, or (c) three business days after the date of
mailing (postage pre- paid return receipt requested). Either party may change its
address for the purpose of this Paragraph by giving written notice of such change
to the other.
UNIVERSITY LEARNING SITE-
Name:Brian Cotham Name: Jeffrey Cardell
Title: Director of Procurement Title: Director of Personnel Services
Phone: 559-278-2893 Phone: 559-621-6964
Email- bcotham csufresno.edu Email: Jeffrey.Cardell(cDfresno.gov
[SIGNATURE PAGE TO FOLLOW]
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IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, on the day and year first above written.
"LEARNING SITE" "UNIVERSITY'
CITY OF FRESNO, CALIFORNIA STATE UNIVERSITY,
A Califor fnuicip rp tion FRESNO
uan-Sc he By
City Manager
Name:
APPROVED AS TO FORM Title 'ok 'r r &Ar- 4V&xe-*Ue A
DOUGLAS T. SLOAN (If corporation or LLC., Board Chair,
City ttorney Pres. or Vice Pres.)
B u
racy N. Orvanian Date
Senior De ty City Attorney (�•�-I� By:
ATTEST: Name: LISA kC A O
YVONNE SPENCE, MMC
City Clerk Title: ��s�G �'�
(If corporation or LLC., CFO,
BY
Deputy y Treasurer, Secretary or Assistant
t,il k.� (�*rf��TZ Secretary)
/0/3l yg
Addresses:
CITY: California State University, Fresno
City of Fresno Attention: Brian Cotham
Attention: Jeffrey Cardell Director of Procurement
Director of Personnel Services 5150 N. Maple Ave., M/S JA 11
2600 Fresno Street, Room 1030 Fresno, CA 93740
Fresno, CA 93721 Phone: 559-278-2893
Phone: (559) 559-621-6964
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EXHIBIT "A"
Scope of Activities and Objectives for Experiential Education Agreement
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EXHIBIT "A"
Scope of Activities and Objectives for Experiential Education Agreement
The City of Fresno will provide student interns with varied work experience opportunities
within the public sector of City government. Student Interns will perform administrative,
technical, and/or professional duties in support of the assigned department, with actual
duties dependent upon position assignment. Assignments are intended to both help the
City meet its daily operations and business objectives as well as provide Student Interns
exposure to municipal government projects, programs, and processes.