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HomeMy Public PortalAbout118-2021 - I&D - Indiana University - Climate Fellows Calaboration Agreement 2021 Indiana Climate Fellows Collaboration Agreement THIS AGREEMENT("Agreement")is entered into by and between The Trustees of Indiana University("University"or"IU") on behalf of the Indiana Climate Fellows Program and City of Richmond("Collaborator")(together,the"Parties"). WHEREAS,the Indiana Climate Fellows program aims to attract, educate, and retain the best and brightest sustainability students in Indiana and facilitate their professional development in the field,with the ultimate goal of building the state's capacity to address sustainability challenges;and WHEREAS,the University and Collaborator share a mutual interest in building capacity to address sustainability challenges in the state of Indiana;and WHEREAS, the University has created the Indiana Climate Fellows (ICF) fellowship program supported in substantial part by contributions from the McKinney Family Foundation;and WHEREAS,the University will advertise the Indiana Climate Fellows program,accept applications for the Indiana Climate Fellows placements,and nominate a student(s)to be hosted by Collaborator for the purpose of participating in the Indiana Climate Fellows. In consideration of the premises and covenants contained herein,the Parties agree as follows: i. University. a. Scholarship. The University will provide a$2,400 scholarship per semester to the 2021 Indiana Climate Fellow ("Fellow")nominated by the University and accepted by Collaborator(provided that the Fellow accepts his or her placement),to coincide with the boot camp and fellowship. b. Check-in. The University will check in both with the Fellow and the Collaborator throughout the duration of the Indiana Climate Fellowship.The ICF Representative will seek weekly reports from the Fellow to help ensure that the primary purpose of the ICF is being fulfilled. 2. Collaborator. a. Accepting nominee. Collaborator understands and agrees that Collaborator is under no obligation to accept a particular nominee from University. Collaborator further agrees that its acceptance of a nominee constitutes a determination by Collaborator that Collaborator is satisfied with the University's nominee and comfortable with hosting the nominee. b. Supervision.Upon accepting a nominee nominated by the University,Collaborator agrees to facilitate the Fellow's participation in an Indiana Climate fellowship consistent with the position description and to be responsible for day-to-day supervision of Fellow. The Parties agree that under this Agreement, Collaborator(and not IU) shall exercise supervision and control over Fellow's fellowship activities. Collaborator further agrees to provide meaningful feedback to Fellow. c. Term. In order to provide the Fellow with the level and depth of experience intended by the Indiana Climate Fellowship program, Collaborator agrees to host and provide supervision to the Fellow for the duration of the fellowship term("Term"),which shall be 32-40 weeks between August 2021 and May 2022 at up to(but not more than)forty hours in each week and 400 hours total. The forty-hour and four hundred-hour maximum shall include any interactions that occur between Fellow and IU. d. Supplies.The Collaborator will provide a workspace and any required work materials and supplies for the Fellow for the duration of the Term. e. Sharing.Collaborator shall share the results of the work the Fellow completes,including metrics of reductions for sustainability projects and success stories of environmental improvements. f. Additional Cost. The Collaborator shall not be charged additional costs for hosting the Fellow unless all parties mutually agree to the costs being incurred. g. Primary Purpose.The Parties agree that the primary purpose of this Agreement is to build capacity to address sustainability challenges in Indiana by facilitating students'professional development through participation in the ISDP. 4. Nature of work to be performed by Fellow.The Parties agree(1)that the ICF is intended to operate in a manner that provides training that complements the training and education the Fellow is pursuing in his or her educational program at the University; (2)that the fellowship's length of 32-40 weeks is intended to provide the Fellow with beneficial learning for the entire duration of the fellowship; (3)that the Collaborator shall convey to the Fellow that completion of the fellowship Contract No. 118-2021 does not entitle the fellow to a permanent position with the Collaborator; and (4) that the Fellow shall only work on sustainability and climate projects approved by University and the State of Indiana in support of the Clean Community Challenge pilot program. 5. Independent Contractors. The Parties enter this agreement as independent contractors, and nothing herein shall be interpreted to create any agency, partnership; or joint venture between them. 6. Indemnification. Collaborator shall defend, indemnify, and hold harmless IU, its successors, assigns, directors, officers, employees,and agents,with respect to and from any losses related to any claim,demand,proceeding,or action asserted by Fellow arising out of, or related to,his or her performance of the fellowship(including without limitation claim,demands, proceedings, or actions relating to the possible existence or determination of any employee-employer relationship arising out of the fellowship, but not including any claim, demand, proceeding, or action which arises out of any act of gross negligence or willful misconduct by IU). 7. Compliance With Laws. The Parties agree to comply with all state and federal laws. Neither Collaborator nor IU shall discriminate on the basis of national origin,race,color,religion,age,handicap or sex. 8. Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of Indiana,without giving effect to its conflicts of law rules. 9. Amendment.This Agreement may not be amended,modified,or changed in any respect without the written consent of the parties hereto. Io. Entire Agreement.This Agreement is the entire agreement and supersedes all prior agreements and understandings,written or oral,between the parties hereto with respect to the subject matter hereof. 11. Partial Invalidity. In the event that any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid,.void or unenforceable,the remainder of this Agreement or the application of such term or provision to persons or circumstances other than those as to which it is held invalid, void or unenforceable shall not be affected thereby, and every term and provision of this Agreement shall be valid and enforced to the fullest extent permitted by law. 12. Representatives. University's authorized representative for communicating with the Collaborator is: Danni Schaust, ICF Program Manager,danmcphe@iu.edu,812-309-3999. Collaborator shall report any issues or inquiries regarding the Fellow to the ICF Representative and shall be entitled to rely upon guidance received from Representative. Collaborator's authorized ICF representative is:Grayson Hart,GIS Coordinator,ghartc@richmondindiana.gov,765-983-7237. 13. COVID-19. In light of the coronavirus disease 2019 ("COVID-19") global pandemic, Collaborator will host the Fellow online rather than hosting the Fellow at Collaborator's physical location. 14. "Force Majeure." Neither party shall be considered to be in material breach of its obligations under this Agreement if such performance is prevented or delayed by any Force Majeure event that was not reasonably foreseeable as of the date this Agreement is executed. "Force Majeure"shall include, but not be limited to, civil commotion,strike, lockout, epidemic, or any law, order, proclamation,ruling,regulation or ordinance of any government or subdivision of government or any act of God. ;$ Signatures.IN WITNESS THEREOF,the parties hereto have executed this Agreement as of the Effective Date. Trustees of Indiana University Collaborator. A:, Printed Name: Danni Schaust Printed Name: Z70.G a��QZ" David M. Snow, Mayor Title: ICF Program Manager Title: Mayor, City o Riahmand, Indiana Date: 9/20/21 Date: / 2 'Z Acknowledgment: 926� 04. G-1ZGGd j 09/21/21 Indiana Climate Fellow Date