18-0409 Carroll University IncEXERCISE SCIENCE PROGRAM ADDENDUM AND FIRST AMENDMENT TO THE
COLLEGE OF NATURAL & HEALTH SCIENCES AFFILIATION AGREEMENT FOR
CLINICAL EDUCATION FOR THE EXERCISE SCIENCE PROGRAM
This Exercise Science Program Addendum and First Amendment Agreement is hereby
made and entered into this day of , 2018 by and between CARROLL
UNIVERSITY, INC., a Wisconsin non-stock corporation (the "Institution"), and the CITY OF ELGIN, Illinois, a municipal corporation ("City'').
WHEREAS, Institution and the City Setting have executed an Affiliation Agreement for
Clinical Education dated 5/14/20 I 4("Agreement") that describes their relationship regarding
educational and clinical experiences for students enrolled in one or more of the Institution's health
services programs, a copy of which is attached hereto and made a part hereof as Attachment A;
and
WHEREAS, the Agreement presumes the execution of a Program Addendum pertaining
to each health services program to which it applies; and
WHEREAS, the pa11ies desire to execute this Program Addendum to effectuate the
Agreement with regard to the Institution's Exercise Science Program ("Program·');
NOW, THEREFORE, with regard to the Program and the Agreement, the parties agree as
follows:
I.Pursuant to Section 2.2 of the Agreement, the City will assign Greg Bruggeman to the
Program in the capacity of full-time Site Coordinator ("Coordinator") who will supervise and
coordinate the clinical education experience components of the Program, and clinical training of
Program enrolled students, and shall assign to each clinical component a qualified Clinical
Instructor as dete1mined by the Coordinator in his sole discretion who will be on-site in the City's
clinical setting during the times students are scheduled to be present and available to students at
other reasonable times.
2 Pursuant to Section 2.4 of the Agreement, responsibility for qualified supervision shall be
as follows: Clinical Instructors for the Setting assigned to the Program will be responsible for
provision, coordination and supervision of the clinical instruction, and the experience to be
provided by City to the students enrolled in the Program. The Clinical Instructor for the Program
will be Brian Edlbeck, MS, CSCS ("Instructor").
3.Section 2.6 of the Agreement is deleted.
4.Pursuant to Section 2.7 of the Agreement, the clinical component offered by the Institution
shall in all respects be implemented and administered by the City in a manner that meets the
requirements of any accreditation agency that accredits the Program.
5.Pursuant to Section 3 .1 of the Agreement, the City shall provide the following additional
feedback to the Program: Evaluation of clinical perfo1mance by enrolled students at the Clinical
Education Setting will be the responsibility of the Clinical Instructors and the City. The Clinical
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Instructors will part1c1pate in evaluation of the student through written communication. The
Instructor shall notify the Institution of performance of a student that is less than satisfactory in a
timely manner so that appropriate remediation may be initiated by the City, and if necessary, other
appropriate actions may be taken with the assistance of the Institution. Instructor shall notify the
Institution of conduct of a student that is deemed unprofessional by the Instructor in a timely
manner so that appropriate remediation may be initiated by the City in coordination with the
Institution. The Institution, following review of written reports and input from the City concerning
student perfonnance and coursework in the Program, will assign the final Pass/Fail grade to the
student for each clinical internship.
6.Section 3.2 of the Agreement shall be amended to include the following provisions: The
Institution shall provide information to the City relative to Program objectives and goals,
Institution academic courses offered as pai1 of the Program and will cooperate with the City to
identify appropriate evaluation tools for the clinical component of the Program to be developed
and implemented by the City.
7.Pursuant to Section 5.3, the Institution shall instruct students on proper wellness evaluation,
and the Experience Setting shall instmct students on preparing and conducting wellness programs.
8.Section 6.1 is deleted.
9.Notwithstanding anything to the contrary m the Agreement or any addendum, the
Agreement shall tem1inate on F ebmary 20, 2019.
10.This Agreement may be executed in counterpai1s, each of which shall be an original and
all of which shall constitute one and the same Agreement. For the purposes of executing this
Agreement, any signed copy of this Agreement transmitted by fax machine or e-mail shall be
treated in all manners and respects as an original document. The signature of any party on a copy
of this Agreement transmitted by fax machine or e-mail shall be considered for these purposes as
an original signature and shall have the same legal effect as an original signature. Any suc h faxed
or e-mailed copy of this Agreement shall be considered to have the same binding legal effect as an
original document. At the request of either pai1y any fax or e-mail copy of this Agreement shall
be re-executed by the parties in an original f01m. No party to this Agreement shall raise the use
of fax machine or e-mail as a defense to this Agreement and shall forever waive such defense.
11.Section 8.2 of the Agreement is deleted.
12 Section 8.3 is amended in its entirety to provide that the Institution shall be solely liable
for its own costs and attorney's fees.
13.Section 9.2 of the Agreement is deleted.
14.Section IO of the Agreement is amended in its entirety to provide: Institution hereby
irrevocably consents to the jurisdiction of the Circuit Court of Kane County, Illinois for the
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enforcement of any rights, the resolution of any disputes and/or for the purposes of any lawsuit
brought pursuant to this Agreement or the subject matter hereof without jury; and Institution agrees
that service by first class U.S. mail to the Provost and Vice President for Academic Affairs or
equivalent title or Catherine E. Jorgens at Cairnll University, Inc., I 00 E. East Avenue, Waukesha,
WI 53186 shall constitute effective service. This Agreement shall be subject to and governed by
the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any
rights arising out of or in connection with this Agreement shall be in the Circuit Court of Kane
County, Illinois.
15.Section 13 of the Agreement is deleted.
16 Notwithstanding anything to the contrary in Agreement or herein, City shall not be deemed
or construed to be in breach of the Agreement or otherwise liable due to its good faith compliance
with the requirements of law, including but not limited to the Illinois Freedom of Information Act
( 5 ILCS 140/1, et seq).
17.Notwithstanding anything to the contrary in Agreement or herein, in no event shall City be
liable to Institution for monetary damages.
18.All other tenns of the Agreement shall apply, as applicable, to the Program and this
Program Addendum.
IN WITNESS WHEREOF, the parties have executed this First Program Addendum and
First Amendment of the Agreement effective as of the date written above.
CA1Zl.'lfinl4NIVERS1TY, INC.
Ql;)-By: A501DABEF96946C
Joanne Passaro Ph.D.
Provost & VP for Academic Affairs
CIT
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F:\Legal Dept\Agrcement\C'arroll University Addendum-clean 2-22-18.docx
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ATTACHMENT A