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HomeMy WebLinkAboutSan Jose State University; 2022-02-04; PSALCA-22051LIBRev. 7-8-20 1 UNIVERSITY-ORGANIZATION AGREEMENT (UOA) This agreement entered into this _______day of _______ (month) _______ (year) between SAN JOSÉ STATE UNIVERSITY referred to as “SJSU” and Carlsbad City Library and Cultural Arts, referred to as “the Learning Site”. I.STATEMENT OF PURPOSE A.San Jose State UniversitySan Jose State University is committed to experiential and applied learning experiences for students. This is accomplished through fieldeducation, service learning, internships, research, and other forms of community engagement that integrate the STUDENT(S)’s academicstudy with practical experience. Through such activities, students enhance their knowledge of their academic discipline and deepen theirsense of civic responsibility, self-awareness, and professional development. B.Learning Site The Learning Site is a public library with three locations: (1) Carlsbad City Library, 1775 Dove Lane, Carlsbad, CA 92011, (2) Georgina Cole Library, 1250 Carlsbad Village Drive, Carlsbad, CA 92008, (3) Carlsbad City Library Learning Center / La Biblioteca de Carlsbad Centro de Aprendizaje, 3368 Eureka Place, Carlsbad, CA 92008 C.The Learning Site and SJSU recognize the opportunity for meaningful learning experiences through community engagement thatformally integrates the student’s academic study with practical experience within the operations of a cooperating organization. SJSU supportsthe goals and objectives of the Learning Site program in which students will participate. II.STUDENT LEARNING A.Program Activities Activities will be accomplished in accordance with the student’s Learning Plan & Participation Guidelines, reviewed and agreed upon by the STUDENT, SJSU and Learning Site prior to the start of the experience. The STUDENT will: 1.Participate in all relevant trainings by the Learning Site as stated in Section III-A-2, Training and Orientation of this document.2.Model professional, ethical and appropriate behavior when working with clients and when at the Learning Site.3.Support the Learning Site that is a part of the student’s learning experience as specified by the Learning Plan & Participation Guidelines.4.Meet the goals of the Learning Site and the related University program in which the STUDENT is enrolled.5.Fulfill the specific scope of work duties, identified in the student’s Learning Plan & Participation Guidelines. B.Safe and Productive Environment The Learning Site is committed to providing a safe and productive environment for STUDENTS in the field program.1.The Learning Site will:a.Give STUDENT a complete tour of the site, and ensure that STUDENT is aware of all relevant safety policies andemergency procedures and is able to act responsibly in case of an emergency.b.California law may require the Learning Site to obtain fingerprints of STUDENT and submit them to the Department ofJustice, and/or the Federal Bureau of Investigation, for a criminal background check. It is the Learning Site’sresponsibility to: 1) Determine whether such fingerprinting is required; 2) obtain the STUDENT’S fingerprints; and 3)obtain criminal background clearance from the appropriate Learning Site.c.California law may require the Learning Site to require STUDENT to submit results of a Tuberculosis (TB) Test. It isthe Learning Site’s responsibility to: 1) Determine whether such TB testing is required; (2) to notify SJSU in writing ofthis requirement in advance of the student’s placement at the worksite and; (3) obtain results from STUDENT.d.The Learning Site representative will notify the appropriate SJSU program coordinator in writing, within 24 hours ofany health & safety hazards and/or incidents of violence that occur at the Learning Site worksite during the contractperiod.2.SJSU will ensure that STUDENT agrees to the following:a.Abide by the Learning Site rules and regulations while on site and working with the Learning Site clients and staff.b.Ensure that his or her actions with the Learning Site are safe, positive, productive and ethical.c.Advance the program and its objectives by providing support for the Learning Site and/or its staff as necessary andagreed upon in Section II-A, Program Activities, of this document. III.STRUCTURE AND SUPPORT OF STUDENT LEARNING AT THE LEARNING SITE A.The Learning Site 1.Site Supervision: The Learning Site will provide a supervisor, who has been identified in the student’s Learning Plan &Participation Guidelines to be responsible for the safety and supervision of STUDENT while on site. The Supervisor will meetwith the STUDENT regularly, as specified in the Learning Plan & Participation Guidelines, to facilitate the learning experiencefor the STUDENT, provide support, and to review progress on assignments and/or activities. All the Learning Site program staffwill support the STUDENT as they interact with him/her and provide guidance and advice as necessary and appropriate. Asecondary supervisor will be responsible for the STUDENT in the absence of primary supervision. PSALCA-22051LIBDocuSign Envelope ID: 91698D39-AAD3-4A38-8333-0AAFD6BF17F1 4th February 2022 Rev. 7-8-20 2 a.The Learning Site supervisor will communicate as needed with the appropriate SJSU staff and/or faculty member.b.The Learning Site and/or his or her designee shall meet with the appropriate SJSU staff or coordinator as needed inorder to facilitate the most mutually beneficial experience for all parties involved, or at the request of any of the partiesinvolved.2.Training and Orientation: The Learning Site supervisor will provide specific training needed by the STUDENT to achieve thework identified in the Learning Plan & Participation Guidelines.3.Work Space: STUDENT will have an appropriate space at the Learning Site in which to conduct his/her assigned work. TheLearning Site will provide access and training for any and all equipment necessary for STUDENT to fulfill his/her role.4.Evaluation/Field Assessmenta.The Learning Site supervisor will complete and return a student evaluation regarding quality of service, research and/orwork that the STUDENT provided to the Learning Site as required or as agreed upon in the student’s Learning Plan &Participation Guidelines. b.The Learning Site supervisor will complete and return any required evaluations of the overall quality of serviceprovided by SJSU community engagement programs (e.g. research, service-learning, field study, etc.) as required. 5.COVID-19: Learning Site is aware of and informed about the hazards currently known to be associated with the novelcoronavirus referred to as “COVID-19”. Learning Site is familiar with and informed about the Centers for Disease Controland Prevention (“CDC”) current guidelines regarding COVID-19 as well as applicable federal, state, and local governmentaldirectives regarding COVID-19. Learning Site, to the best of its knowledge and belief, is in compliance with those current CDCguidelines and applicable governmental directives. If the current CDC guidelines or applicable government directives aremodified, changed or updated, Learning Site will take steps to comply with the modified, changed or updated guidelines ordirectives. If at any time, Learning Site becomes aware that it is not in compliance with CDC guidelines or an applicablegovernmental directive, it will notify University of that fact. B.SJSU 1.Training and Reflection: Faculty and/or staff of the appropriate SJSU academic department, institute or program will providetraining for STUDENT regarding responsibilities in Section II and will provide opportunities for STUDENT to reflect uponhis/her experience working at the Learning Site worksite. 2.Supervision and Accountability: Faculty and/or staff of the appropriate SJSU academic department, institute or program willwork closely with the STUDENT, the Learning Site and SJSU faculty to meet the expectations and priorities of the LearningSite. IV.LENGTH OF AGREEMENT TERM A.Initial Term: SJSU and the Learning Site have reached this agreement for a five (5) year period beginning with the date ofexecution of this agreement. This agreement shall become effective upon execution. Either party may terminate this agreement after giving the other party 30 days advance written notice of the intention to terminate. In the case of early termination, a student may be allowed to complete their assignments as indicated in their Learning Plan & Participation Guidelines. B.Renewal Process – This agreement may be renewed every five years upon written mutual agreement, and is based on STUDENTfeedback, the Learning Site evaluations and SJSU faculty desire to continue this relationship under the conditions that:1.SJSU and the Learning Site continue to be committed to actively supporting the goals of the other.2.The STUDENT work is meaningful and of benefit to the Learning Site.3.The relationship is consistent with the goals of the Learning Site, SJSU, STUDENT and FACULTY. C.Notices – Notices, requests, consents, claims, demands, waivers and other communication shall be addressed to the parties as follows: TO LEARNING SITE TO THE UNIVERSITY Organization name San Jose State University Address One Washington Square City, state, zip San Jose, CA 95192 Attn: Email The attached General Provisions, consisting of one page, is incorporated by reference and made a part of this agreement. This document reflects my understanding of the relationship. LEARNING SITE SAN JOSE STATE UNIVERSITY Carlsbad City Library & Cultural Arts 1775 Dove Lane Carlsbad, CA 92011 Suzanne Smithson Library & Cultural Arts Director Suzanne.Smithson@carlsbadca.gov DocuSign Envelope ID: 91698D39-AAD3-4A38-8333-0AAFD6BF17F1 Rev. 7-8-20 3 By: By: Signed above by Authorized Signatory Signed above by Authorized Signatory Name: Name: Title: Title: Date: Date: Suzanne Smithson Library & Cultural Arts Director Signed By: APPROVED AS TO FORM: For CELIA A. BREWER, City of Carlsbad Attorney Name: Title: Date: Allegra Frost Deputy/Assistant Attorney ATTEST: Name: Title: Date: Senior Deputy Clerk For FAVIOLA MEDINA, City of Carlsbad City Clerk Manager Tammy Cloud-McMinn Signed Sylvia Sosa Contract Manager, Strategic Sourcing - Contract Services San Jose State University DocuSign Envelope ID: 91698D39-AAD3-4A38-8333-0AAFD6BF17F1 1/21/2022 1/26/2022 2/3/2022 2/4/2022 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 6/24/2021 Alliant Insurance Services, Inc.100 Pine Street - 11th FloorSan Francisco, CA 94111 415-403-1400 Lloyds of London The California State University (CSU)401 Golden Shore, 5th FloorLong Beach, CA 90802 1393181508 A X 2,000000 X 25,000 25,000 1,000,000 4,000,000 X B1724WLS21A038 7/1/2021 7/1/2022 1,000,000 Sex Abuse/Molest.2,000,000 A Student Academic FieldExperience for Credit LiabInsurance Prog (SAFECLIP) B1724WLS21A038 7/1/2021 7/1/2022 $2,000,000$4,000,000 Each ClaimPolicy Aggregate THIS CERTIFICATE IS PROVIDED FOR EVIDENCE ONLY. General Liability and Professional Liability coverage is provided on a claims-made basis includinga 3 year extended reporting period. Coverage extends to students enrolled in covered academic courses. Coverage extends to any affiliate institution to whomthe Named Insured is obligated by written agreement to add as Additional Insured. Coverage applies only when there exists a written agreement between theUniversity and the affiliate institution, which is executed prior to an incident giving rise to a claim for a covered loss. EVIDENCE OF COVERAGE.. . . DocuSign Envelope ID: 91698D39-AAD3-4A38-8333-0AAFD6BF17F1 Rev. 7-8-20 4 GENERAL PROVISIONS Indemnification The Learning Site shall be responsible for damages caused by the negligence of its directors, agents, employees and duly authorized volunteers occurring in the performance of this agreement. SJSU shall be responsible for damages caused by the negligence of its directors, officers, employees and duly authorized volunteers occurring in the performance of this agreement. It is the intention of the Learning Site and SJSU that the provision of this paragraph be interpreted to impose on each party responsibility for the negligence of their respective directors, officers, employees and duly authorized volunteers. Insurance The Learning Site shall procure and maintain General Liability insurance, commercial form, with $2,000,000 minimum limit for each Occurrence and minimum limit of $4,000,000 General Aggregate, as mutually agreed upon for this placement agreement. This requirement can be met with a certified program of self-insurance. The California State University system has elected to be insured for its General Liability exposure through the self-insured CSU Risk Management Authority. The State of California has elected to be self-insured for its vehicle liability and property exposures. As a State Learning Site, the California State University, Office of the Chancellor, the Trustees, and the CSU system of campuses are included in this self-insured program. Status of Student Students shall at no time throughout this agreement be considered officers, employees, agents or volunteers of SJSU. Governing Law All contracts and purchase orders shall be construed in accordance with, and their performance governed by, the laws of the State of California. Further, the Learning Site shall comply with any state or federal law applicable to the Learning Site’s performance under this Contract. Assignments Without written consent of SJSU, this agreement is not assignable by the Learning Site either in whole or in part. Agreement Alterations and Integration No alternation or variation of the terms of the agreement shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. Endorsement Nothing contained in this Agreement shall be construed as conferring on any party hereto any right to use the other party’s name as an endorsement of product/service or to advertise, promote or otherwise market any product or service without the prior written consent of the other parties. Furthermore, nothing in this Agreement shall be construed as endorsement of any commercial product or service by SJSU its officers or employees. Survival Upon termination of this contract for any reason, the terms, provisions, representations and warranties contained in this agreement shall survive expiration or earlier termination of this agreement. Severability If any provision of this agreement is held invalid by any law, rule, order of regulation of any government, or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision not held to be invalid. Entire Agreement This agreement constitutes the entire agreement and understanding of the parties with respect to the subject matter hereof, and supersedes all prior agreements, arrangements, and understandings with respect thereto. No representative, promise, inducement, or statement of intention has been made by any party hereto that is not embodied herein, and no party shall be bound by or liable for any alleged representation, promise, inducement, or statement not set forth herein. DocuSign Envelope ID: 91698D39-AAD3-4A38-8333-0AAFD6BF17F1 Certificate Holder is included as Additional Insured in accordance with the policy provisions of the General Liability policy. General Liability policy evidenced herein is Primary and POLICY PRO- JECT LOC OTHER: CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: PHONE (A/C, No, Ext): FAX (A/C, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON-OWNED AUTOS ONLY BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS-MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A PER STATUTE OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD California Insurance Pool Authority 7/1/2021 7/1/2022 2,000,000 4,000,000 1/19/2022 California Insurance Pool Authority (CIPA) And Member Agency of: City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 California Insurance Pool Authority(CIPA) 366 San Miguel Drive, Suite 312 Newport Beach, CA 92660 The California State University (CSU) 401 Golden Shore, 5th Floor Long Beach, CA 90802 USA 966142 N/A 21-22 GLALEXE&O CIPA-020 Certificate Holder is included as Additional Insured in accordance with the policy provisions of the General Liability policy. General Liability policy evidenced herein is Primary and Non-Contributory to other insurance available to Additional Insured, but only in accordance with the policy's provisions. X X Limits shown are as requested 966142 DocuSign Envelope ID: 91698D39-AAD3-4A38-8333-0AAFD6BF17F1 COVERED PARTY: CALIFORNIA INSURANCE POOL AUTHORITY MEMORANDUM OF COVERAGE NUMBER: CIPA-020 COVERAGE PERIOD: JULY 1, 2021 TO JULY 1, 2022 ADDITIONAL INSURED ENDORSEMENT - PRIMARY AND NONCONTRIBUTORY Section IV – WHO IS A COVERED PARTY 1(j) Any person(s) or organization(s), when the Covered Party is required in a written contract to provide coverage to them, but only for Bodily Injury or Property Damage liability which: (1) Is covered by this Memorandum; and (2) Is caused, in whole or in part by: (a) The normal course of the Covered Party’s operations; or (b) Ownership, maintenance or use of that part of the premises or land rented to or leased to and occupied by, the Covered Party; or (c) Work performed for that person or organization by the Covered Party; or (d) The maintenance, operation or use by the Covered Party of any equipment or Auto leased to Covered Party by such person(s) or organization(s). The limits of coverage afforded to such person(s) or organization(s) shall be: (a) The minimum limits of coverage which Covered Party agreed to provide, or (b) The Limit of Liability under this Memorandum, whichever is less. Upon written request made prior to the assertion of any Claim, coverage provided under this paragraph j shall be primary and noncontributory over any applicable insurance when expressly required by written contract or agreement with the Covered Party. Upon written request, the Authority shall provide an additional insured endorsement, primary and noncontributory endorsement, notice of cancellation and/or a waiver of subrogation when required by written contract. Coverage provided under this paragraph expires: (a) when the written contract or agreement ceases; or (b) when the Covered Party ceases to be a tenant in the premises, or the operations or work or usage cease, whichever is earlier. DocuSign Envelope ID: 91698D39-AAD3-4A38-8333-0AAFD6BF17F1