HomeMy Public PortalAbout149-2022 - Indiana University - climate collaboration agreement 2022 McKinney Climate Fellows Program Collaboration Agreement
Part of the McKinney Midwest Climate Project by the IU Environmental Resilience Institute
THIS AGREEMENT("Agreement") is entered into by and between The Trustees of Indiana University ("University"or"Ui")
on behalf of Sustain IU and City of Richmond("Collaborator")(together,the"Parties").
WHEREAS, the Indiana University Environmental Resilience Institute 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 McKinney Climate Fellows ("MCF"), a fellowship program supported in substantial part
by contributions from the McKinney Family Foundation;and
WHEREAS,the University will advertise the MCF fellowship program, accept applications for the MCFs, and nominate a student(s)
to be hosted by Collaborator for the purpose of participating in the MCF. •
In consideration of the premises and covenants contained herein,the Parties agree as follows:
•
i. University.
a. Scholarship. The University will provide a#ptal of.$4 800t scholarshup.tb the r2022 2023 MC ' study("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. Boot Camp.The University provided a multi-day online/hybrid sustainability"boot camp"for the Fellow in advance
of the beginning of the MCF fellowship.
c. • Check-in. The University will check in both with the Fellow and the Collaborator throughout the duration of the
•MCF. The.MCF Representative will seek weekly reports from the Fellow to help ensure that the primary purpose of
the MCF 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 MCF 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 MCF, Collaborator
agrees to host and provide supervision to the Fellow for the duration of the fellowship term("Term"),which shall be
•
321�t�eeks bettyeenz,e�,.`ugust 2oggland.May12423 at up to (but not more than) 15 hours in each week. The 15-hour
maximum shall include any interactions that occur between Fellow and RI. Deviations from this duration could be
authorized via email by the MCF Representative.
d. Supplies. The Collaborator will provide a workspace and any required work materials and supplies for the Fellow
for the duration of the Term.
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 MCF.
4. Nature of work to be performed by Fellow. The Parties agree (1) that the MCF 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 is held in the summer in order to complement (rather than interfere with) the Fellow's
• academic commitments;•(3) that the fellowship's length of 30 weeks is intended to provide the Fellow with beneficial
learning for the entire duration of the fellowship; and(4) that the Collaborator shall convey to the Fellow that completion of
the fellowship does not entitle the fellow to a permanent position with the Collaborator.
Contract No. 149-2022
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 RI, 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 RI 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 MCF representative ("MCF Representative") for communicating with the
Collaborator is: .Danni Schaust, Resilience Implementation Manager, Environmental Resilience Institute, dschaust(a,iu.edu,.
812-855-8934. Collaborator shall report any issues or inquiries regarding the Fellow to the MCF Representative and shall be
entitled to rely upon guidance received from Representative. Collaborator's authorized MCF representative is:
Relevant department name(lead for the participation) IAfr .511, vim mar DeveivemenT
Program contact name Ct`a$co i 1'7as+i GZ$ fo®rka w7C"-
p,
E-mail 311griC f kit 04viJG�,�ld7, . ✓
Phone -765 —7)37
13. COVID-19.In light of the current state of the coronavirus disease("COVID-19")global pandemic,Collaborator will host the
Fellow in person at Collaborator's physical location, unless•authorized by the.MCF representative via email to provide a
hybrid or online mode internship.
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,,proclasnation,ruling,regulation or ordinance of any government or subdivision of government or any act of
God.
15. Signatures..IN WITNESS THEREOF,the parties hereto have executed this Agreement as of the Effective Date.
Trustees of Indiana University Collaborator t
t
Printed Name: Printed Name
Dr. Sarah K Mincey David M. Snow
Title: '. Managing Director of IU ERI Title:
Mayor
Date: 9/15/22 Datetec
Acknowledgment: ffele/ � Odadtd9 09/15/2022
MCF Fellow Date