ECCBoardofTrustees

ExecutiveSummary 

 

Date:  May 25, 2017  

Subcommittee:  Consent Agenda 

Agenda Item:  Internship Agreements requested between ECC and the Heritage Centers and the Resource Council of WNY for the Human Services Certificate Program 

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

  Background Information: 

The Human Services Certificate Program Internship Coordinator Carl Stokes requests Internship 

Agreements with the Heritage Centers and the Resource Council of WNY for students in the certificate 

program.  These agreements will provide students with needed competencies and standards of 

proficiency required for program completion. 

Reasons for Recommendation: 

To provide students access to required experience and training directly related to the successful 

completion of the curricula. 

Fiscal Implications: 

Required courses for student graduation. 

Consequences of Negative Action: 

Students would not have access to required learning experiences. 

Steps Following Approval: 

Review and approval by ECC Legal Counsel Leslie Ortiz Fogg, Assistant County Attorney, Erie County. 

Contact Information If Any Questions: 

Richard C. Washousky, Provost and Executive Vice President, North Campus 

Phone:  (716) 851‐1500     /     E‐Mail:  washousky@ecc.edu  

ERIE COMMUNITY COLLEGE AND

HERITAGE CENTERS

INTERNSHIP AGREEMENT

THIS INTERNSHIP AGREEMENT is made this Friday, February 3rd, 2017 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 York and (Heritage Centers) County of Erie and State of New York ("Sponsor'1).

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 Human Services Certificate 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 ECCs 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 lnternships11 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 Sponsor1s Supervisor, the student intern and the ECC faculty supervisor stipulating the obligations of each party relative to an Internship.

2. Purpose As part of ECC1s course or degree educational requirements or as required for the award of a certificate in particular areas of study, students must complete supervised field experience, such as this Internship.

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 will have conferred regarding the lntern's performance and will have exhausted any possible solutions that 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 internships. ECC and Sponsor mutually agree to waive all claims for consequential damages arising out of or related to this agreement, including damages associated with losses of income, profit, and reputation, whether based on contract, tort, negligence, strict liability, otherwise.

7. Insurance and Defense and Indemnification

ECC, through 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

3

To the SPONSOR Heritage Centers Lissa Carroll 101 Oak Street Buffalo NY 14203 {716} 856-4201 LCarroll@heritagecenters.org

INTERNSHIP AGREEMENT SPONSOR CONTACT INFORMATION:

Company: Heritage Centers

Contact Name: Lissa Carroll

Address: 101 Oak Street Buffalo New York 14203

Phone: (716) 856 - 4201

ACCEPTED AND AGREED:

Heritage Centers

Date

STATE OF NEW YORK

COUNTY OF ERIE

Erie Community College

Jack Ouinn President

Signature

Date

On the 3r-J day of-+=~=~--' _.A"--"-0---'I ..... Z~--------- before me personally came William McHugh, o me known to be the individual described in, and who, executed, the foregoing instrument and acknowledge that he executed the same.

~.u6 ~ No~ary Public SUSAN~

Notary Public, State of New York No. 01SE6063773

Qualified in Erie County Commission Expires 10/21/ r7

5

STATE OF NEW YORK COUNTY OF ERIE

On the day of before me personally came Richard C. Washousky, 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 CONTENT:

Richard C. Washousky Executive Vice Prej nf of Af ademic Affairs

1LLZ c ~ '"'~~ Date

r7

APPROVED AS TO FORM:

ECC Legal Counsel

Signature

Date

ECC Document No.

6

HERICEN-01 KPATTERSON

ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY)

~ 4/18/2017

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($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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 License # BR-1009544 CONTACT NAME:

Lawley Agency, LLC rt8Nio Extl: 1 (716) 849-8618 I r.e~ Nol: 1 (716) 849-8291 361 Delaware Avenue

Buffalo, NY 14202 E-MAIL ADDRESS:

INSURER(S) AFFORDING COVERAGE NAIC#

INSURER A: Philadelphia Indemnity Ins Co 18058 INSURED INSURERB:

Erie County Chapter NYSARC, Inc. INSURERC: dba Heritage Centers

INSURERD: 101 Oak Street Buffalo, NY 14203-2299 INSURERE:

INSURERF:

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 TYPE OF INSURANCE

ADDL SUBR ,~gJilg~, ,~g~J%YvW,, LTR '""n un,n POLICY NUMBER LIMITS

A COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 -~ CLAIMS-MADE 0 OCCUR

DAMAGE TO RENTED PHPK1563534 10/15/2016 10/15/2017 PREMISES IEa occurrencel $ 100,000 f--

f--MED EXP (Any one person) $ 5,000

f--PERSONAL & ADV INJURY $ 1,000,000

GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,000 q DPRO- [!]Loe $ 3,000,000 POLICY JECT PRODUCTS - COMP/OP AGG

OTHER: EMPLOYEE BENEFI $ 1,000,000 AUTOMOBILE LIABILITY fE~~~~~~llNGLE LIMIT $ 1,000,000

A ){ ANYAUTO PHPK1563534 10/15/2016 10/15/2017 BODILY INJURY (Per person) $ -

ALL OWNED - SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $

- - NON-OWNED iP~?~~d~~t?AMAGE HIRED AUTOS AUTOS $

- -$

x UMBRELLA LIAB M OCCUR EACH OCCURRENCE $ 10,000,000 f--

A EXCESSLIAB CLAIMS-MADE PHUB559819 10/15/2016 10/15/2017 AGGREGATE $ 10,000,000

DED I x I RETENTION$ 10,000 $

WORKERS COMPENSATION I PER I I OTH-AND EMPLOYERS' LIABILITY STATUTE ER

Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE

D E.L. EACH ACCIDENT $

OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $

A Prof Liability PHPK1563534 10/15/2016 10/15/2017 Each Occurrence 1,000,000

DESCRIPTION OF OPERATIONS I LOCATIONS I 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

County of Erie and Erie Community College THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN

121 Ellicott St ACCORDANCE WITH THE POLICY PROVISIONS.

Buffalo, NY 14203 AUTHORIZED REPRESENTATIVE

I u~ © 1988-2014 ACORD CORPORATION. All rights reserved.

ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD

ERIE COMMUNITY COLLEGE

AND

Resource Council of WNY

INTERNSHIP AGREEMENT

THIS INTERNSHIP AGREEMENT is made this Tuesday April 11th, 2017 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 York and Resource Council of WNY 347 East Ferry Street 14208, City of Buffalo, County of Erie and 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 Human Services Certificate 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 and the ECC faculty supervisor stipulating the obligations of each party relative to an Internship.

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 will have conferred regarding the lntern's performance and will have exhausted any possible solutions that 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 internships. ECC and Sponsor mutually agree to waive all claims for consequential damages arising out of or related to this agreement, including damages associated with losses of income, profit, and reputation, whether based on contract, tort, negligence, strict liability, otherwise.

3

Mary Beard Assistant Academic Dean - Liberal Arts Erie Community College - North Campus 6205 Main Street Williamsville, New York 14221

To the SPONSOR Justin King Executive Director Resource Council of WNY 347 East Ferry Street Buffalo, NY 14208 (716} 259-9844

5

INTERNSHIP AGREEMENT SPONSOR CONTACT INFORMATION:

Company: Resource Council of WNY

Contact Name: Justin King

Address: 347 East Ferry Street Buffalo NY, 14208

Phone: (716) 259-9844

ACCEPTED AND AGREED:

Repr;sentative (print nae)

( //f ,~):)-Jl {''

STATE OF NEW YORK

COUNTY OF ERIE

Erie Community College

Jack Ouinn President

Signature

Date

On the ci~:ib day of ;~,I o2~t? before me personally came Justin King, to me known to be the individual described in, and who, executed,

the for/" :,i~! i":'Y'."',: J-d acknowledge that he executed the same,

,. / l~v;,£__ 7

Notary Public

1,:UAUFiEO :N Ehle CCt::!'I !11'( 1T,MMISS!ON EXPIRES A;·Rit 30, If

6

STATE OF NEW YORK COUNTY OF ERIE

On the day of before me personally came Richard C. Washousky, 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 CONTENT:

Richard C. Washousky

Date / /

APPROVED AS TO FORM:

Name of Legal Counsel

Signature

Date

ECC Document No.

7

ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY)

·~ 04/19/2017

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(les) must 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).

'RODUCER CONTACT The Keller Group Inc NAME: R-T Specialty, LLC

r.~9NJ_ i::x11: (716) 675-5075 I FAX iAJc Nol: (716) 675·5079 6450 Transit Road E,MAIL

ADDRESS: Depew, NY 14043 INSURERIS) AFFORDING COVERAGE NAIC#

INSURER A :MESA UNDERWRITERS SPECIALTY INSURA 36838 NSURED Resource Council of WNY Inc INSURER B :NAUTILUS INSURANCE COMPANY 17370

347 E Ferry INSURER c ,UNDERWRITERS AT LLOYD'S LONDON 145 Buffalo, NY 14208

INSURER D:

INSURER E:

INSURER F:

:::OVERAGES 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.

ISR TYPE OF INSURANCE

ADDL SUBR 1:~15g~\ 1~2M%~1 .TR ·,.,.,n "'"n POLICY NUMBER LIMITS

A x COMMERCIAL GENERAL LIABILITY MP0031003004924 09/30/2016 09/30/2017 EACH OCCURRENCE $ 2,000,000

I CLAIMS-MADE [!] OCCUR DAMAGE T9F RENl ED

$ 100,000 PREMISES Ea occurrence)

- MED EXP (Anv one person) $ 5,000

PERSONAL & ADV INJURY $ 2,000,000 -GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 M DPRO- DLOC Included POLICY JECT PRODUCTS - COMP/OP AGG $

OTHER: $

A AUTOMOBILE LIABILITY

MP0031003004924 09/30/2016 09/30/2017 fe~~~b~~~llNGLE LIMIT $ >-----

ANY AUTO BODILY INJURY (Per person) $ - ALL OWNED - SCHEDULED AUTOS AUTOS

BODILY INJURY (Per accident) $ >----- >-----

NON-OWNED ;p~~~;c~:~gAMAGE ~ HIRED AUTOS ~ AUTOS

$

Included Included $

B UMBRELLA LIAB ~ OCCUR AN032064 09/30/2016 09/30/2017 EACH OCCURRENCE $ 1,000,000 -x EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1,000,000

OED I I RETENTION $ $ WORKERS COMPENSATION I PER 1 I OTH-AND EMPLOYERS' LIABILITY Y/N

STATUTE ER

ANY PROPRIETORIPARTNER/EXECUTIVE

D E.L. EACH ACCIDENT $

OFFICERIMEMBER EXCLUDED? NIA (Mandatory In NH) E.L. DISEASE - EA EMPLOYEI $ If ts, describe under D SCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ .. Errors and Omissions W1CB11160101 09/30/2016 09/30/2017 ., Each Claim/Aciarei:iate $1.000.000/$3.000.000 Deductible $2 500

ESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required)

:ERTIFICATE HOLDER

COUNTY OF ERIE and ERIE COMMUNITY COLLEGE 121 ELLICOTT STREET

I BUFFALO, NY 14203

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

© 1988-2014 ACORD CORPORATION. All rights reserved. CORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD