HomeMy WebLinkAbout13-145 Resolution No. 13-145
RESOLUTION
RATIFYING THE EXECUTION OF AN INTERNSHIP PROJECT AGREEMENT
WITH THE BOARD OF TRUSTEES OF NORTHERN ILLINOIS UNIVERSITY FOR
UNIVERSITY STUDENT ADMINISTRATIVE INTERN SERVICES
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that it hereby ratifies and approves the execution of an internship project agreement by Sean R.
Stegall, City Manager, with the Board of Trustees of Northern Illinois University for university
student administrative intern services, a copy of which is attached hereto and made a part hereof
by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: September 11, 2013
Adopted: September 11, 2013
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
INTERSHIP PROJECT AGREEMENT
THIS AGREEMENT is hereby made and entered into this 28 day of August, 2013, by
and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as the
"SPONSOR") and the Board of Trustees of Northern Illinois University (hereinafter referred to
as the "UNIVERSITY'').
WHEREAS, the SPONSOR and the UNIVERSITY desire to enter into an agreement
pertaining to the services of a university student administrative intern (hereinafter referred to as
the "PROJECT") as described in the job description attached hereto and made a part hereof as
Appendix A; and
WHEREAS, the PROJECT is to be funded by the SPONSOR and carried out by the
UNIVERSITY under the terms and conditions specified herein; and
WHEREAS, the performance of such PROJECT is of mutual interest to the SPONSOR
and the UNIVERSITY, and is consistent with the instructional, scholarship and research
objectives of the UNIVERSITY as a non-profit, tax-exempt educational institution.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby
agree as follows:
1. RECITALS
The above recitals are incorporated into and made a part of this Agreement as if fully
recited hereby.
2. STATEMENT OF WORK
The UNIVERSITY shall use reasonable efforts to perform the Project as described in
Appendix A, which is incorporated herein and attached as Appendix A. The
UNIVERSITY shall perform this effort consistent with reasonable standards of
professionalism applied in related fields. The Project is titled. "Administrative Intern".
3. STUDENT INTERN
The student intern assigned by the University for performance of the Project is Isabelle
Bourgeois. If for any reason the student intern withdraws from serving as student intern,
the UNIVERSITY and the SPONSOR shall endeavor to agree upon a successor. If the
parties are unable to agree upon a successor, SPONSOR shall have the right to terminate
this Agreement in the manner provided in the paragraph 9 entitled Termination.
4. PERIOD OF PERFORMANCE/EXPIRATION
4. PERIOD OF PERFORMANCE/EXPIRATION
This Agreement shall terminate on May 15, 2015. The work performed by the student
intern shall be performed during the period from August 16, 2013 through May 15, 2015.
This period may be extended under the same tenns or such other terms as may be
mutually agreed upon.
5. PAYMENT
The SPONSOR shall pay to the UNIVERSITY the total fixed sum of$13 %641.4'ior the
performance of the Project.
(a) S I SY U.U K per month for 21 months
Checks are to be made payable to Northern Illinois University and sent to:
Linda Blair, Director
Grants Fiscal Administration
Northern Illinois University
DeKalb, Illinois 6011.5 2 Z
RE:OSP# 13482
The UNIVERSITY is not obligated to expend any other funds on the Project, and the
SPONSOR is not obligated to pay the UNIVERSITY in excess of the above stated
amount.
6. RIGHTS IN WORK PRODUCT
All original work product generated by the UNIVERSITY under this Agreement shall be
owned by the SPONSOR: Notwithstanding the foregoing, the UNIVERSITY retains the
right to publish,as detailed in Article 11.
7. INVENTIONS AND PATENTS
If the Project results in airy new, patentable development, the parties shall negotiate
disposition of such developments in good faith,
8. CONFIDENTIAL INFORMATION
A. Each parry to this Agreement agrees to treat Proprietary Information received
from the other with the same degree of care with which it treats its own
Proprietary Information and further agrees not to disclose such Proprietary
Information to a third party without prior written consent from the party
disclosing Proprietary Information.
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B. The foregoing obligations of non-disclosure do not apply to Proprietary
Information which:
(a) was known to the recipient prior to the disclosure hereunder;
(b) is in the public domain at the time of disclosure hereunder or subsequently
entered the public domain without the fault of the recipient;
(c) has been independently developed by an employee of recipient that has
not had access directly or indirectly to Proprietary Information, and
recipient can substantiate any claim of independent development by
written evidence;or
(d) is required to be disclosed by law.
C. Unless otherwise agreed to in writing, neither party hereto shall have any
obligation of confidentiality under this Agreement after the earliest of either the
fifth anniversary of the conclusion of Period of Performance or termination in
accordance with Article 9.
9. TERMINATION
This Agreement may be terminated by either party upon thirty (30) days' written notice
for any reason. In the'event of termination by either party hereto, the UNIVERSITY
shall be paid through the end of the month of the effective date of the termination as
provided in Section 5 of this Agreement. The SPONSOR shall not liable to the
UNIVERSITY for any other payment for any reason. The UNIVERSITY shall refund to
the city any amounts paid in excess of this provision. The provisions of Articles 6, 7, 8
and 11 shall survive any termination of this Agreement.
10. USE OF THE NAME OF THE.PARTIES
Neither the SPONSOR nor the UNIVERSITY shall make use of the existence of the
Agreement,nor use the other's name or the name of any member of its staff,for publicity
or advertising purposes except with the consent of and to the extent approved by the other
party. For the UNIVERSITY, such approval will be obtained from the Director, Office
of Sponsored Projects.
11. PUBLICATION
The UNIVERSITY shall have the right to publish or otherwise disclose the results of this
Project, provided that the student intern first provides the SPONSOR with a copy of the
proposed publication at least thirty (30) days in advance of submission for publication.
The SPONSOR shall have thirty (30) days after the receipt of the publication or
presentation to review it. The student intern shall modify said publication in order to
comply with reasonable requests by the SPONSOR. Upon notice by the SPONSOR that
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the SPONSOR reasonably believes a patent application relating to an Invention should belk
Fled prior to the publication or presentation, the SPONSOR can request the -_
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UNIVERSITY to delay and the UNIVERSITY agrees to delay submission of the rt o m W o H ri"0 z
publication or presentation for up to sixty (60) days from the date the SPONSOR so rt c w c
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notifies the UNIVERSITY or until a patent application or applications are filed, :3 o a m
whichever comes first. y
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12. WARRANTIES AND INDEMNIFICATION M M b fD o
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THE UNIVERSITY MAKES NO REPRESENTATIONS OR WARRANTIES, C a,a �o M 4 o a
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EXPRESS OR IMPLIED, REGARDING ITS PERFORMANCE UNDER THIS
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AGREEMENT, INCLUDING BUT NOT LIMITED TO THE MARKETABILITY, USE M w ' n
OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE PROJECT RESULTS m ; 00 H n
DEVELOPED UNDER THIS AGREEMENT, OR THAT SUCH RESULTS DO NOT °' o 0 K
INFRINGE UPON ANY THIRD PARTY'S PROPERTY RIGHTS. The SPONSOR -`a* w ro o
agrees to indemnify and hold harmless the UNIVERSITY and its employees and agents r °z
against any and all costs, damages and expenses, including attorney's fees, arising from 1D b go o 0
any claims, damages and liabilities asserted by third parties arising from the ro n n
SPONSOR'S use of said results. z 0° 1°
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13. ASSIGNMENT n c °
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Neither party shall assign its rights under this Agreement without the prior written e M
consent of the other party. Notwithstanding the foregoing, UNIVERSITY hereby .v " M n
consents to the assignment of this Agreement by SPONSOR to any present or future o- a .E H
wholly-owned affiliate of SPONSOR or to any successor in interest of the entire business M r
of SPONSOR as a result of a merger, consolidation or purchase as long as the assignee
expressly accepts in writing all the obligations and responsibilities of SPONSOR under o rt ?; rt
this Agreement. a M e °
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14. GOVERNING LAW rt a, o b
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This Agreement shall be interpreted and construed in accordance with the laws of the �M rt 0 fD
State of Illinois. This Agreement is subject to all applicable rules and regulations of the °, ro
Board of Trustees of Northern Illinois University and the laws of the United States and '-' „ o 0
the State of Illinois. Venue for the resolution of any disputes or the enforcement of any M o n
rights arising out of or in connection with this Agreement shall be in the Circuit Court of rt n M o
Kane County,Illinois. rt m N o
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15. ENTIRE AGREEMENT b M w rA
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This Agreement contains all the terms and conditions agreed upon by the-parties hereto, 0 1c n
and no agreement, oral or otherwise,regarding the subject matter of this Agreement shall m rt w
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be deemed to exist or be binding upon any of the parties hereto, unless in writing b rt rt
executed by the parties hereto. n a. m 0
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16. NO PARTNERSHIP
This Agreement shall not be construed so as to create a joint venture, partnership,
employment or other agency relationship between the parties hereto, except to the extent
specifically provided for herein.
17. SEVERABILITY
The terms of this Agreement shall be severable. In the event any of the terms or the
provisions of this Agreement are deemed to be void or otherwise unenforceable for any
reason,the reminder of this Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Agreement on-the dates indicated
below by representatives authorized to make such commitments on behalf of the respective
party.
CITY OF ELGIN BOARD OF TRUSTEES of
NORTHERN INOIS U RSITY
By: !mil By:
ell
Name: Sean Stegall Name: Dara C. Little
Title: City Manager 2 Title: Director, Office of Sponsored Projects
Date: G, l�. �.7 Date: 3
EIN: 36 600 5862
FALegal Oept\Agreementllntemship Project Agreement-NIU-5.7.13.docx .
APPENDIX A
JOB DESCRIPTION
MANAGEMENT INTERN
CLASS SPECIFICATION
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GENERAL DEFINITION AND CONDITIONS OF WORK:
Incumbent may be assigned specific program responsibilities or handle a variety of assignments;
does related work as required for the Office of the City Manager and other city departments as
determined by the City Manager. Work is performed under the regular supervision of the Assistant
City Manager or Department Head.
This is light work requiring the exertion of up to 20 pounds of force occasionally, up to 10 pounds
of force frequently, and a negligible amount of force constantly to move objects; work requires
standing, walking, fingering,grasping,and repetitive motions; vocal communication is required for
expressing or exchanging ideas by means of the spoken word; hearing is required to perceive
information at normal spoken word levels; visual acuity is required for preparing and analyzing
written or computer data, visual inspection involving small defects and/or small parts, operation of
motor vehicles or equipment, determining the accuracy and thoroughness of work, and observing
general surroundings and activities;the worker is not subject to adverse environmental conditions.
ESSENTIAL DUTIES AND RESPONSIBILITIES:
• Oversees and coordinates projects as assigned on a one-time or on-going basis.
• Prepares a variety of studies,reports and related information for decision-making purposes.
• Conducts research, analysis, and prepares recommendations regarding proposals for
programs,grants,services,budget,equipment,etc.
• Assists in the development of short and long range plans; gathers, interprets,and prepares
data for studies, reports and recommendations; coordinates activities with other
departments and agencies as needed.
• Prepares memos,letters and reports.
• Performs related tasks as required.
KNOWLEDGE. SKILLS AND ABILITIES:
Thorough knowledge of the City's citizen response procedures; general knowledge of the
principles, practices and techniques of cultural affairs and organizations; general knowledge of
City objectives, procedures and organization; ability to devise- -detailed procedures and
methodology; general knowledge of modem office practices,procedures and equipment; ability to
communicate ideas effectively, both orally and in writing; ability to establish and maintain
effective working relationships with officials and other employees and the general public;ability to
prepare complex records and reports.
EDUCATION AND EXPERIENCE:
Any combination of education and experience equivalent to graduation from an accredited college
or university with a degree in public administration, communications or a related field and some
experience at a responsible level in local government.
This is a class description and not an individualized job specification. The class description
defines the general character and scope of duties, responsibilities, and requirements of all positions
in one job classification, but is not totally restrictive or all inclusive.
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