ECC Board of Trustees

Executive Summary

Date: March 27, 2014

Subcommittee: Academic Affairs

Agenda Item: Internship Agreement between ECC and the Blue Giraffe Pre School & Day Care requested by the Human Services Certificate Program

This item is for: For Board's Approval Backup Documentation: Attached to this document

Background Information:

ECC’s Human Services certificate requires students to complete a supervised internship experience.

Reasons for Recommendation:

The pre school and day care program would provide students in the certificate program with the field work experience required to complete their internship requirements.

Fiscal Implications:

No cost to college.

Consequences of Negative Action:

Certificate requirements will not be met

Steps Following Approval:

Review and approval by the Executive Vice President of Legal Affairs

Contact Information If Any Questions:

Richard C. Washousky, Executive Vice President of Academic Affairs, North Campus Phone: (716) 851-1500 / E-Mail: washousky@ecc.edu

' ...

ERIE COMMUNITY COLLEGE AND

Blue Giraffe Pre School & Day Care

INTERNSHIP AGREEMENT

RECEIVED

FEB 2 1 2014

THIS INTERNSHIP AGREEMENT is made this 1st day January 2014 by and between Erie Community College ("ECC") having its principal offices and place of business at 121 Ellicott St., City of Buffalo, County of Erie and State of New Yor~ and (Name/address of Company) County of Erie, State of New York ("Sponsor'').

The principle objective of this Internship program is to combine the knowledge acquired in the classroom with the practical experience gained from on- the- job training and mentoring. By associating local ECC students who are fully matriculated in the Social Sciences/Human Services program with WNY businesses or organizations interested in securing a talented future workforce, ECC hopes to create an opportunity to fill the ever-increasing demands for professional employees in the Western New York community.

In consideration of the mutual promises and obligations set forth herein, the Parties hereby agree as follows:

TERMS AND CONDITIONS

1. Definitions The following definitions apply a. "Internship" means a program of study as part of ECC's course or degree requirements,

conducted in cooperation with the Sponsor, at its place of employment, whereby Interns receive supervised experience and instruction in a professional setting.

b. "Sponsor'' means an individual or Company/Organization. c. "Supervisor" means that person employed or 'retained by the Sponsor responsible for

the development and administration of the Internship affiliation with the College. d. "Intern" means a student enrolled in an ECC course or degree program who is to

perform the Internship. e. "Coordinator of Internships" means the person employed or retained by the College

who is responsible for the development and administration of this Internship affiliation with the Sponsor.

f. Learning Agreement is the agreement between the Sponsor's Supervisor, the student intern arid the ECC facu lty supervisor stipulating the obligations of each party relative to an Internship.

2. Purpose As part of ECC's course or degree educational requirements or as re.quired for the award of a certificate in particular areas of study, students must complete supervised field experience, such as this Internship.

3. Terni ) The term of the Agreement shall be from January 1, 2014 to December 31, 2017 and may be extended by mutual written agreement ofth'e Parties. In the event of expiration or termination of this Agreement, Interns shall be permitted to complete all Internships that began prior to the termination date, and with respect to such Internships, all terms and conditions of the Agreement shall apply until the last Internship is completed.

4. The Sponsor's Obligations

a. The Sponsor agrees to provide training to each Intern for a minimum of one hundred thirty five (135) hours, or as ·required by the ECC curriculum, during the internship period. ·

b. The Sponsor agrees to provide the student with practical experience in his/her area of academic interest during the internship period. The Sponsor's personnel will also provide mentoring and instruction that are directly related to the academic criteria of the ECC department.

c. The Sponsor agrees to modify planned tasks during the internship period, as may be required, given changes in the Sponsor's ·circumstances; however, the Sponsor will make every reasonable effort to ensure that the Intern is working in a position which exposes him/her to curriculum related tasks.

d. The Sponsor agrees to provide adequate supervision and evaluation of the Intern during the internship program. To accomplish this task, the Sponsor agrees to review and sign off on the intern's weekly summary of activities. In addition, the Sponsor agrees to complete an evaluation at the end of the internship in the form and manner attached h.ereto as Exhibit "A".

e. The Sponsor agrees to provide a safe work environment for each intern.

5. The College's Obligations

a. The College agrees to recommend for placement in the internship program only those students who have earned a satisfactory record and have met the minimum requirements established by ECC and its Internship committee.

b. Upon request by the Sponsor, the College agrees to provide the Sponsor with copies of current course outlines, course objectives, curriculum philosophy, and a list of faculty and their respective qualifications.

c. Upon request by the Sponsor, the College agrees to provide opportunity to the Sponsor to visit with the course faculty/students of ECC for consultation or other purposes.

d. The College agrees to assist the Sponsor in selection of students for Internships with the student's knowledge and consent.

e. The College agrees to advise students of their responsibilities regarding participation in Internship, including, but not limited to, expected professional conduct, the requirement to follow rules and standards set by the Sponsor and ECC, and their requirement to sign the Learning Agreement. Also the College will inform the Interns of their responsibility to provide any transportation, meals, and lodging related to the Internship.

f. The College agrees to dismiss an Intern during the internship period, from the internship, if, in the opinion of ECC and the Sponsor, the Intern is not making satisfactory progress or is not meeting the expectations set forth by the parties. Prior to ECC dismissing an Intern, the College Professor and the Supervisor shall have conferred regarding the Intern's performance and will have exhausted any possible solutions t hat would have avoided dismissal. When dismissal is required, the ECC Coordinator of Internships and Co-ops, in collaboration with the ECC Faculty Instructor, will dismiss the Intern from the Internship. Any dismissed Intern who does not satisfactorily complete the Internship, or any portion thereof, may repeat the Internship with the same Sponsor only with the written approval of both the Sponsor and ECC.

6. Joint Obligations

a. Both the Sponsor and ECC agree that in compliance with federal and New York State laws, including, but not limited to, the provisions of Title IX of the Education Amendment of 1972, Sections 503 and 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act of 1990, the parties hereto will not discriminate on the basis of race, sex, religion, age, disability, sexual orientation or military service, or any other category protected by federal or New York State law in its admissions and/or employment policies or the administration of its other policies, programs, or activities.

b. The parties agree to openly communicate and, when necessary, schedule meetings between the parties to this agreement to ensure understanding of the expectations and roles of both parties in providing the internship experience for students and to coordinate and improve in~ernships. ECC and Sponsor mutually agree to waive all claims for consequential damages arising out of or related to this agreement, including damages associated with loss_es of income, profit, and reputation, whether based on contract, tort, negligence, strict liability, otherwise.

7. Insurance and Defense and Indemnification

ECC, thr~ugh the County of Erie is largely self-insured with regard to automobile liability, general liability, medical malpractice liability and workers' compensation matters. In the event that the Sponsor receives notice of any claim arising out of or related to internship and training provided under this Agreement, the Sponsor will immediately give notice thereof to ECC, by sending notice to Kristin Klein Wheaton, Executive Vice President for legal Affairs, 4041 Southwestern Boulevard, Room 1101 B, Orchard Park, New York 14127.

During all t ime periods when ECC students are assigned to the Sponsor's facilities, the Sponsor will maintain in force and effect policies of general liability, automobile liability, professional liability and workers' compensation insurance. The Sponsor will also provide ECC with evidence of such insurance coverages, on ACORD or equivalent insurance certificate forms, and copies of said insurance certificates will be attached to this Agreement.

The Sponsor agrees to defend, indemnify and hold harmless ECC, to include the County of Erie, and its agents and employees from and against all claims, damages, losses or causes of action arising out of or resulting from actions or omissions, materials provided, services rendered or other performance of or by the Sponsor, its agents, employees or volunteers, pursuant to this Agreement. ECC, to include the County of Erie, agrees to defend, indemnify and

hold harmless the Sponsor and its agents and employees from and against all claims, damages, losses and causes of action arising out of or resulting from actions or omissions, materials provided, services rendered or other performance of or by ECC, its agents, employees or volunteers, pursuant to this Agreement.

8. Notices Other than as outlined in paragraph 7, any notice necessary relative to this Internship program shall be provided as follows:

To the College: Erie Community College Name Dr. AI Dirschberger Program Social Sciences-Human Services Address 109 Kittinger, Williamsville,· NY 14221 Phone (716)270-5283 E-mail Dirschberger@ecc.edu

To the SPONSOR Company Contact Name Address Phone E-mail

Blue Giraffe Pre School & Day Care Susan Gawley 3200 Elmwood Ave, Kenmore, NY (716) 447-6558 bluegiraffe@verizon.net

INTERNSHIP AGREEMENT COMPANY CONTACT INFORMATION:

Company Contact Name Address Phone E-mail

Blue Giraffe Pre School & Day Care Susan Gawley 3200 Elmwood Ave, Kenmore, NY {716) 447-6558 blueg_iraffe@verizon.net

. -

Representative (print name) 1

osi~)fJ.~ ' 5&-'

l-l~li Date

STATE OF NEW YORK COUNTY OF ERIE

Erie Community College .

President

Signature

Date

On the l ~ day of 1 AIV ..J A (1..'-( , before me personally came [name of company representative), to me known to be the individual described in, and who, executed, the foregoing instru e t and acknowledge that he executed t~e same.

STATE OF NEW YORK COUNTY OF ERIE

On the day of , before me personally came Jack Quinn, to me known to be the individual described in, and who, executed, the foregoing instrument and acknowledge that he executed the same.

Notary Public

APPROVED AS TO FORM:

By: Kristin Klein Wheaton, Executive Vice President for Legal Affairs

ECC Document No.

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CGRTIFICATE HOLDER

County of Erie 95 Franklin St Buffalo NY, 14202

CANCSLLATION

SHOULO ~y OF THE ABOVE DESCRIBeD POLICIES BE CANCELLeD BEFORE THE EXPIRATION DATE THEREOF, NOTICE Wll.l. BE DELIVERED IN ACCORDANCEWITioi THE POLICY P. OVISIONS.

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New Yolit State Insurance Fund Workers' Compensation & Disability Benefits Specialists Since 1914

225 OAK STREET, BUFFALO, NEW YORK 14203-1685 Phone: (716) 851-3468

CERTIFICATE OF WORKERS' COMPENSATION INSURANCE

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BLUE GIRAFFE INC TA THE BLUE GIRAFFE DAY CARE CENTER 3200 ELMWOOD AVENUE KENMORE NV 14217

POLICYHOLDER

BLUE GIRAFFE INC TA THE BLUE GIRAFFE DAY CARE CENTER 3200 ELMWOOD AVENUE KENMORE NY 14217

POLICY NUMBER B 1021 743-8

CERTIFICATE NUMBER 707459

CERTIFICATE HOLDER

ERIE COUNTY 95 FRANKLIN ATTN SHARON SULLIVAN BUFFALO NY 14202

PERIOD COVERED BY THIS CERTIFICATE 08/17/2013 T001/10/2015

DATE 1/10/2014

THIS IS TO CERTIFY THAT THE POLICYHOLDER NAMED ABOVE IS INSURED WITH THE NEW YORK STATE INSURANCE FUND UNDER POLICY N0.1021 743-8 UNTIL 01/1012015, COVERING THE ENTIRE OBLIGATION OF THIS POLICYHOLDER FOR WORKERS' COMPENSATION UNDER THE NEW YORK WORKERS' COMPENSATION LAW WITH RESPECT TO ALL OPERATIONS IN THE STATE OF NEW YORK, EXCEPT AS INDICATED BELOW, AND, WITH RESPECT TO OPERATIONS OUTSIDE OF NEW YORK, TO THE POLICYHOLDER'S REGULAR NEW YORK STATE EMPLOYEES ONLY.

IF SAID POLICY IS CANCELLED, OR CHANGED PRIOR TO 01/10/2015 IN SUCH MANNER AS TO AFFECT THIS CERTIFICATE, 10 DAYS WRITTEN NOTICE OF SUCH CANCELLATION WILL BE GIVEN TO THE CERTIFICATE HOLDER ABOVE. NOTICE BY REGULAR MAIL SO ADDRESSED SHALL BE SUFFICIENT COMPLIANCE WITH THIS PROVISION. THE NEW

YORK STATE INSURANCE FUND DOES NOT ASSUME ANY LIABILITY IN THE EVENT OF FAILURE TO GIVE SUCH NOTICE.

THIS POLICY DOES NOT COVER CLAIMS OR SUITS THAT ARISE FROM BODILY INJURY SUFFERED BY THE OFFICERS OF THE INSURED CORPORATION.

KATHLEEN LUSTHAUS- PRESIDENT

BLUE GIRAFFE INC

ONE OF ONE

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS NOR INSURANCE COVERAGE UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICY.

NEW YORK STATE INSURANCE FUND

~4-"{jk DIRECTOR,INSURANCE FUND UNDERWRITING

This certificate can be validated on our web site at https://www.nysif.com/cert/certval.asp or by calling (888) 875-5790 VALIDATION NUMBER: 209183025