HomeMy WebLinkAboutAgenda Report - November 7, 2018 C-19TM
CITY OF LODI
COUNCIL COMMUNICATION
AGENDA TITLE:
MEETING DATE:
PREPARED BY:
AGENDA ITEM
Authorize City Manager to Execute Site Agreement with California State University,
Sacramento, for Internship Program
November 7, 2018
Parks, Recreation and Cultural Services Director
RECOMMENDED ACTION:
BACKGROUND INFORMATION:
Authorize the City Manager to execute a Site Agreement with
California State University, Sacramento, for internship program.
California State University, Sacramento, has a Recreation, Parks
and Tourism Administration Department and offers undergraduate
and graduate degree programs in recreation management.
Earlier this year, the Parks, Recreation and Cultural Services Department reached out to the university to
offer assistance to those students needing practical experience in recreation. Currently, there are two
university students who have contacted PRCS to offer assistance in order to meet degree requirements,
and the department has identified several recreation administration tasks that could be accomplished by
interns.
The university is asking the City to sign the attached Site Agreement, which would be in effect for five
years. There is no direct financial cost to the City. PRCS would direct the student's activities and review
his or her progress, track hours and give feedback to university staff.
The City Attorney's office has reviewed and approved the agreement.
FISCAL IMPACT
None.
FUNDING AVAILABLE: Not applicable.
JH:tI
cc: City Attorney
Attachment
AniA,
Jeff '.
P.,, Recreation and Cultural Services Director
APPROVED:
Stephen Schwa
auer, City Manager
Agreement #IN-SL170174
Site Agreement for Furnishing Experience
For Academic Internship and/or Service -Learning
This agreement ("Agreement") is between the Trustees of the California State University on behalf of
California State University, Sacramento ("University") and City of Lodi, a Municipal Corporation
("Learning Site"). In consideration of the mutual promises set forth below, the University and Learning Site
("parties") agree as follows:
RECITALS
The University has approved courses and such courses require directed observation and/or practical experience
for students in various fields of study.
The Learning Site has facilities for furnishing directed observation and/or practical experience to the
University's students.
It is to the benefit of the University that its students be permitted to use the facilities of the Learning Site for
their learning experience.
It is to the benefit of the Learning Site to contribute to the education of the University's students.
There shall be no monetary obligations on the part of one party to the other.
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.
This Agreement shall replace and supersede any existing agreement between the parties for student placement
for similar activities under Academic Internship and/or Service Learning. This agreement shall not replace any
existing agreement for Nursing, Allied Health, Social Work or Teacher Education activities.
I. Learning Site's Responsibilities
A. Provide directed observation and practical experience in the general operation of the Learning Site's
business and in the use of appropriate facilities for learning experience for training of students
enrolled in a Service -Learning or Academic Internship program who are designated by the University
and approved by the Learning Site for such experience. The practical experience for any one student
shall cover such period of time as may be mutually agreed upon by both parties.
B. Permit members of the Learning Site's staff, supervisors, and other personnel to participate, as their
time may permit, in the practical experience of the students and their learning experience.
C. Identify the student's supervisor. The supervisor agrees to meet with the student regularly to facilitate
the student's learning experience, provide support, review progress on assigned tasks, verify
Academic Internship and/or Service Learning hours and give feedback.
D. Provide an orientation that includes a site tour; an introduction to staff; a description of the
characteristics of and risks associated with the Learning Site's operations, services and/or clients; a
discussion concerning information detailing where students check-in and how they log their time.
Agree to sign off on student time logs for Academic Internship and/or Service Learning.
E. Provide student with a written description of the student's tasks and responsibilities.
1
Agreement #IN-SL170174
F. Provide appropriate training, equipment, materials and work area for students prior to students
performing assigned tasks or working with the Learning Site's clients.
G. Inform student of the need for a background check, fingerprinting and/or a tuberculosis test as
required by the Learning Site and obtain the student's fingerprints, background check and/or
tuberculosis test; and maintain the confidentiality of any results as required by federal and state law.
H. Evaluate the student if requested by the University and contact the University if the student fails to
perform assigned tasks or engages in misconduct.
I. Notify the University as soon as is reasonably possible of any injury or illness to a student
participating in a learning activity at the Learning Site.
J. The Learning Site may dismiss a student if the student violates its standards, mission or goals. The
Learning Site will document its rationale for terminating a student and provide the University with a
copy of the rationale upon request.
II. University's Responsibilities
A. Designate the students enrolled in the qualifying courses of the University to be assigned to the
Learning Site, subject to the approval of the Learning Site.
B. Agree that the students shall be subject to requirements and restrictions specified jointly by the
representatives of the University and the Learning Site.
C. Award academic credit to students who complete the requirements of the Service -Learning or
Internship program if applicable.
D. Upon written request by the Learning Site, and mutual agreement between both parties, the University
will withdraw any student who fails to observe the regulations of the Learning Site.
E. Advise student that neither the University nor the Learning Site assumes any financial responsibility
in the event he/she is injured or becomes ill as a result of his/her participation in a learning activity at
the Learning Site.
F. Advise students of their responsibilities per Section III of this Agreement.
III. Student's Responsibilities
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.
2
Agreement #IN-SL170174
F. Complete all paperwork (e.g. forms, Time Logs, etc. as required by the University and Learning Site.
IV. Non -Discrimination
The parties agree that all students receiving training pursuant to this Agreement will not be subject to or
engage in discrimination or harassment on account of Age, Disability (physical or mental), Gender (or
sex), Gender Identity (including transgender), Gender Expression, Genetic Information, Marital Status,
Medical Condition, Nationality, Race or Ethnicity (including color or ancestry), Religion (or Religious
Creed), Sexual Orientation, sex stereotype, and Veteran or Military Status ("Protected Characteristics")
and/or retaliation based on either making a complaint or participating in an investigation of alleged
discrimination or harassment. Learning Site acknowledges that the University reviews any campus
community complaints of discrimination, harassment, sexual misconduct, dating violence, and stalking
based on a Protected Characteristic and retaliation under the terms of California State University
Executive Orders 1097 and 1096 (which can be found at http://www.calstate.edu/eo/) . If the Learning
Site receives a complaint from a student at the Learning Site alleging discrimination, harassment or
retaliation and/or otherwise becomes aware of potential discrimination, harassment or retaliation by or
against a student, the Learning Site will promptly notify the Sacramento State Office for Equal
Opportunity (http://www.csus.edu/hr/departments/equa.I-opportunity/) so that appropriate action may be
taken. This report will be made even if the Learning Site has its own policies and/or procedure for
addressing harassment and discrimination concerns.
V. Status of University and Learning Site
It is understood and agreed that the parties are independent contractors and that no relationship of
employer-employee exists between the parties hereto. The parties expressly understand and agree that the
students enrolled in the Program are in attendance for educational purposes, and such students are not
considered employees of University nor the Learning Site for any purpose, including, but not limited to,
compensation for services, welfare and pension benefits, or workers' compensation insurance.
VI. Insurance
A. 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: VII.
B. It is understood and agreed that the California State University is a self-insured public agency of
the State of California. The University also maintains self-insurance programs to fund its
respective liabilities.
C. All students performing Academic Internships or Service -Learning who are registered in for -
credit courses for which the Academic Internship or Service -Learning experience is required are
covered with general and/or professional liability insurance through the California State
University Risk Management Authority (CSURMA) Student Academic Field Experience for
Credit Liability Insurance Program (SAFECLIP).
VII. Indemnification
The Learning Site and The University agree to indemnify, defend, and hold harmless each other from any
and all liability for any personal injury, damages, wrongful death or other losses and costs, including but
not limited to reasonable attorney fees and defense costs arising out of the negligence or willful
3
Agreement #IN-SL170174
misconduct of their respective officers, employees, or agents in the performance of this Agreement. This
paragraph will survive expiration or termination of this Agreement.
VIII. Term and Termination
A. Term. This Agreement shall become effective as of the date of final execution and shall remain in
effect for five (5) years.
B. Termination. This Agreement may be terminated at any time by upon 30 days' advance written notice
by one party to the other, provided, however, that in no event shall termination take effect with respect
to currently enrolled students, who shall be permitted to complete their training for any semester in
which termination would otherwise occur.
IX. General Provisions
A. Amendments. This Agreement may be amended at any time by mutual agreement of the parties
without additional consideration, provided that before any amendment shall take effect, it shall be
reduced to writing and signed by the parties.
B. Assignment. Neither party shall voluntarily, or by operation of law, assign or otherwise transfer this
Agreement without the other party's prior written consent. Any purported assignment in violation of
this paragraph shall be void.
C. Captions. Captions and headings in this Agreement are solely for the convenience of the parties, are
not a part of this Agreement, and shall not be used to interpret or determine the validity of this
Agreement or any of its provisions.
D. Entire Agreement. This Agreement is the entire agreement between the parties. No other agreements,
oral or written, have been entered into with respect to the subject matter of this Agreement.
D. Governing Law. The validity, interpretation, and performance of this Agreement shall be governed
by and construed in accordance with the laws of the State of California.
E. FERPA. The Family Educational Rights and Privacy Act of 1974, as amended (FERPA)seeks to
guarantee both a student's right of access to education records, financial aid records, and financial
records, and the confidentiality of student information. Information otherwise protected by FERPA
that is relevant to the student's performance at the Learning Site may be shared by University so long
as it falls within the scope of the Sacramento State Student Consent for Release of Records which is
signed by the Student. Neither party to this Agreement may disclose information protected by FERPA
to any third party without the written consent of the student.
F. Nothing contained in this Agreement confers on either party the right to use the other party's name
without prior written permission, or constitutes an endorsement of any commercial product or service
by the University.
G. Counterparts. This Agreement may be executed in counterparts all of which taken together shall
constitute one and the same Agreement. The exchange of copies of this Agreement by electronic mail
in "portable document format" (".PDF") form or by other similar electronic means shall constitute
effective execution and delivery of this Agreement and shall have the same effect as copies executed
and delivered with original signatures.
4
Agreement #IN-SL170174
H. Notices. Any notices required or permitted hereunder shall be in writing and shall be sent to the
parties by certified or registered mail, return receipt requested, or by electronic mail which may
include .pdf documents, at the address set forth below, however acceptance of any proposed changes
shall occur in accordance with Section IX General Provisions, A. Amendments of the agreement:
University:
California State University, Sacramento
Procurement and Contract Services
6000 J Street MS 6008
Sacramento, Ca 95819
Learning Site:
City of Lodi, a Municipal Corporation
PO Box 3006
Lodi, CA 95241
Website: ht1p://www.lodi.gov/pres/contactus.h11111
Telephone: 209-333-6893
X. Execution
IN WITNESS WHEREOF, by signing below, each of the following represent that they have authority to
execute this Agreement and to bind the party on whose behalf their signature is made. This Agreement
has been executed by the parties as of the date last written below.
On behalf of University On behalf of Learning Site
By: By:
Leah J. Davis (signature)
Contract Specialist I
Printed Name
Title
Date Date
Approved as to form
5