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HomeMy WebLinkAbout18-0501 ERTC Field PracticeFIELD PRACTICE AGREEMENT This agreement is hereby made this day of May, 2018, by and between the Board of Trustees of Southern Illinois University, a body politic and corporate of the State of Illinois, governing Southern Illinois University Edwardsville, hereinafter called the ( "University ") and the City of Elgin, Illinois, a municipal corporation, located in Elgin, IL, hereinafter called the ("Agency") and individually as "Pasty" and collectively as "Parties ". WHEREAS, the Parties hereto desire to cooperate in establishing an educational relationship relating to water supply and /or wastewater treatment operations whereby the University may utilize the practical experience offered by the treatment facilities of the Agency; and WHEREAS, the Agency is willing to make its facilities available to designated students of the University's Environmental Resources Training Center (herein referred to as "ERTC "); NOW, THEREFORE, the Parties hereto, in consideration of the promises and covenants between them hereinafter made and entered into, the sufficiency of which is hereby mutually acknowledged, hereby mutually agree, according to the following terms and conditions hereinafter set forth, as follows: I. THE UNIVERSITY SHALL: A. Provide, through the University's School of Engineering, a professional staff member who will assume the following responsibi I ities for students of the ERTC: 1. Coordinate with Agency personnel all student learning experiences with Agency; 2. Arrange hours and dates of internship experiences; Provide for indirect supervision of students; Provide for evaluation of the learning experience; Admit to the internship experience only students who have met all University admission requirements and have maintained a cumulative GPA of "C ". Notify the Agency representative of all of the above. B. For the term of this agreement, University agrees to maintain the following types of insurance: I- Comprehensive general liability insurance coverage for bodily injury liability, including death, property damage liability, for all its employees acting within the scope of their appointments, and shall similarly provide such insurance coverage for any of its enrolled students while acting in the scope of an approved, unpaid clinical program for which academic credit or the equivalent may be awarded. This "occurrence" basis coverage for paid employees and student interns is provided through the Southern Illinois University Self- Insurance Program, and is limited to $1,000,000 per occurrence, with a $3,000,000 aggregate coverage. 2. Professional liability insurance coverage for all its employees acting within the scope of their appointments, and shall similarly provide such insurance coverage for any of its enrolled students while acting in the scope of an approved, clinical program for which academic credit or the equivalent may be awarded. This coverage for paid employees and unpaid student interns shat l be provided through the Southern Illinois University Self - Insurance Program, and is limited to S 1,000,000 per occurrence, with a $3,000,000 aggregate coverage. Certificates of Insurance providing evidence of these coverages shall be provided to Agency upon request. In the event of cancellation or non - renewal of above described insurance, University shall provide thirty (30) days advance written notice of such cancellation or non - renewal. This paragraph will survive the termination of this Field Practice Agreement. 3.To the extent permitted by Illinois law and not inconsistent with the doctrine of sovereign immunity, University shall indemnify and hold harmless Agency for any claims, demands, costs and expenses, including reasonable attorney's fees, arising out of negligent actions by University, its officers, employees and agents in the performance of obligations under this Agreement; provided that said claims, demands, costs and expenses have not been caused or alleged to have been caused in whole or in part by the negligence or willful misconduct of Agency. The parties agree that all claims against University are subject to the Illinois Court of Claims Act, 705 IL,CS 505 et sety. II. THE AGENCY SHALL. A. Make all internship learning experiences available to Madison Kosyla (herein referred to as "Intern ") during the term of this Agreement, the professional staff and students of the ERTC as are arranged pursuant to Section I.A. of this Agreement. B. Maintain primary responsibility at all times for the operation of the applicable water supply and /or wastewater treatment system. C. Explain and instruct its staff members in their respective roles and relationships with the staff and students of the University and to promote positive attitudes on the part of all concerned in making the cooperative arrangement between the Agency and University successful. D. Certify that it is not barred from being awarded a contract or subcontract for bribery under Section 50 -5 of the Illinois Procurement Code (30 ILCS 500/50 -5). E. Certify that it will comply with the Drug -Free Workplace Act (30 ILLS 580) and will not engage in unlawful manufacture, distribution, dispensation, possession or use of a controlled substance in the performance of this contract. F. For the term of this agreement, Agency agrees to provide and maintain professional liability insurance coverage in amounts of at least $1,000,000 per occurrence, $3,000,000 aggregate, for claims of bodily injury, property damage and professional liability, which shall include insuring itself and its agents and employees f'or their acts, failures to act, or negligence, rising out of, or caused by, the activity which is the subject of this Agreement. Certificates of Insurance providing evidence of these coverages shall be provided to University upon request. In tine event of cancellation or non- renewal of above described insurance, Agency shall provide thirty (30) days advance written notice of such cancellation or non - renewal. This paragraph will survive the termination of this Field Practice Agreement. G. Agency shall indemnify and hold harmless University for any claims, demands, costs and expenses, excluding attorney's fees, arising out of negligent actions by Agency, its officers, employees and agents in the performance of obligations under this Agreement; provided that said claims, demands, costs and expenses have not been caused or alleged to have been caused in whole or in part by the negligence or willful misconduct of University. H. STUDENT RECORDS: The Parties acknowledge that student educational records are protected from disclosure by the Family Educational Rights and Privacy Act (FERPA). Agency shall obtain written authorization from student(s) prior to the release of protected student educational records; provided, however, that Agency's good faith compliance with the Illinois Freedom of Information Act (5 ILCS 14011, et seq) shall not constitute and shall not be construed so as to constitute a breach of this Agreement. III. IT IS MUTUALLY AGREED BY BOTH PARTIES THAT: A. This Agreement shall be for the period of June 18, 2018 through July 20, 2018 unless terminated in the manner set forth below. B. This Agreement may be terminated upon written notice by the .Agency in the event the Intern reasonably appears to have been insubordinate or to have committed any criminal acts. C. Agency may request University to remove and, upon any such request, University agrees to immediately remove any student assigned to Agency, if in the sole discretion of Agency, student's presence is detrimental to Agency's business. Agency agrees to provide University with a letter specifying the reasons for the request within a reasonable period of time following Agency's decision. D. For reasons unrelated to Agencies business, Agency may request University to remove any student assigned to Agency upon thirty (30) days written notice. Agency agrees that the basis for such removal shall be reasonable and nondiscriminatory. university shall consider such request and provide Agency a written response within ten (10) days of such request. If the parties cannot agree upon such request, the dispute shall be referred to the Dean of the School of Engineering at University who shall have the authority to make a final decision on such request. E. The representative of the Agency for the purpose of this Agreement shal l be Eric Weiss, Water Director. The representative of the University shall be the Director of the ERTC of Southern Illinois University Edwardsville. F. Questions of validity, execution, construction, and interpretation, which may arise hereunder, shall be governed by the laws of the State of Illinois. G. The parties hereto agree that neither party shall in the operation of this Agreement discriminate against any individual on the basis of race, religion, sex, creed, national origin, physical or mental handicap unrelated to ability, or unfavorable discharge from military service not including dishonorable discharge. H. This Agreement shall be binding on all successors and assigns of the parties hereto. The University is not required to replace an ERTC student that terminates an internship due to illness, personal problems, securing permanent employment, or for any other reason. This Agreement may be amended only by written amendment signed by both parties. K. The University affirms that the Dean of the School of Engineering of Southern 111inois University Edwardsville has the authority to enter into this Agreement. Agency affirms that the person executing this Agreement has full authority to do so. L. The failure of either Party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar in nature. The waiver of one or more provisions of this Agreement does not act as a waiver of the entire Agreement. 1"Vt. In the event any term or provision of this Agreement is found to be unenforceable or void, in whole or in part, the remaining provisions shall be construed as valid and enforceable to the maximum extent permitted by law. N. All notices pursuant to this Agreement shall be made in writing and will be deposited in the United States mail, postage prepaid, addressed to the persons on the signature page. O. The headings in this Agreement are intended only for ease of reference and shall not be considered in the construction or interpretation of this Agreement. P. This Agreement constitutes the entire agreement between the parties and supersedes all prior written or verbal agreements between the University and Agency. IN WITNESS WHEREOF, the parties hereto have set their hands and seal the day and year first written. APPROVED: BOARD OF TRUSTEES OF SOUTHERN ILLINOIS UNIVERSITY GOVERNING SOUTHERN ILLINOIS UNIVERSITY EDWARDSVILLE CITY OF ELGIN BY: Cem Karacal, Dean School of Engineering, for Randy Pembrook, Chancellor, SIUE FALegal Dep6Agreement'6M Field Practice Agreement- clean- 4- 17- 18- signed.pdf BY: _ Zichard G. Kozal, City Manager W&Af,-� _ Print Name Rev. 5/18