SAMPLE California State University East Bay Partnership Agreement Memorandum of Understanding

THIS IS A SAMPLE MOU ONLY. PLEASE DO NOT PRINT AND SIGN THIS AGREEMENT. AN AGREEMENT WILL BE ISSUED TO YOU ELECTRONICALLY AS PART OF THE PARTNERSHIP INITIATION REQUEST PROCESS.

This agreement (“Agreement”) is between the Trustees of the California State University on behalf of California State University, East Bay (“University”) and the agency identified below as the "Learning Site." In consideration of the mutual promises set forth below, the University and Learning Site (“parties”) as agreed for the following;

I. Learning Site's Responsibilities

  1. Identify the student’s supervisor.  The supervisor agrees to meet with the student regularly to facilitate the student’s learning experience, provide support, review progress on assigned tasks, verify service hours and give feedback.
  2. Provide an orientation that includes a site tour; an introduction to staff; a description of the characteristics of and risks associated with the Learning Site’s operations, services and/or clients; a discussion concerning safety policies and emergency procedures; and information detailing where students check-in and how they log their time.
  3. Provide student with a written description of the student’s tasks and responsibilities.  
  4. Provide appropriate training, equipment, materials and work area for students prior to students performing assigned tasks or working with the Learning Site’s clients.    
  5. Inform student of the need for a background check, fingerprinting and/or a tuberculosis test; obtain the student’s fingerprints, background check and/or tuberculosis test; and maintain the confidentiality of any results as required by federal and state law.
  6. Evaluate the student if requested by the University and contact the University if the student fails to perform assigned tasks or engages in misconduct.
  7. Notify the University as soon as is reasonably possible of any injury or illness to a student participating in a learning activity at the Learning Site.
  8. Where the student receives compensation for their learning experience they shall be considered an employee of the learning site and afforded the protections and coverages (including liability insurance) that employee status provides under California law.

II. University’s Responsibilities

A.  The University will advise the student(s) of their responsibility to:

  1. Participate in all training required by the Learning Site.
  2. Exhibit professional, ethical and appropriate behavior when at the Learning Site.
  3. Complete all assigned tasks and responsibilities in a timely and efficient manner.
  4. Abide by the Learning Site’s rules and standards of conduct.
  5. Maintain the confidentiality of the Learning Site’s proprietary information, records and information concerning its clients.

B.  The University will advise student that neither the University nor the Learning Site assumes any financial 
responsibility in the event he/she is injured or becomes ill as a result of his/her participation in an unpaid learning 
activity at the Learning Site.

C. Provide the student with general and professional liability insurance in the amount of $1,000,000 per 
occurrence, $3,000,000 general aggregate. This insurance only applies if both parties have signed this 
Agreement and where the student does not receive compensation, directly or indirectly, from the learning site.

III. General Provisions

  1. This Agreement will be effective as of the date first written above and continue for a period of 5 years unless terminated by either party after giving the other party 30 days written notice of the intent to terminate. If the Learning Site terminates this Agreement, it will permit any student working at the Learning Site at the time of termination to complete his/her work. At the 5 year termination date the agreement can be renewed once it has been reviewed, updated as applicable and executed by the appropriate parties. If CSUEB discovers that (Learning Site) has failed to provide experiences in accordance with agreements and requirements or if either party has breached this agreement, the Agreement can be terminated immediately.
  2. The Learning Site and the University agree to indemnify, defend and hold harmless each other from any and all liability for any personal injury, damages, wrongful death or other losses and costs, including but not limited to reasonable attorney fees and defense costs, arising out of the negligence or willful misconduct of their respective officers, employees, agents or volunteers in the performance of this Agreement. This paragraph will survive expiration or termination of this Agreement.
  3. Each party agrees to maintain general liability coverage of at least $1,000,000 per occurrence, $2,000,000 aggregate and to provide evidence of coverage upon request. Insurance must be placed with insurers with a current A.M. Best rating of at least A: VII. 
  4. The Learning Site and the University will meet upon request or as necessary to resolve any potential conflicts and to facilitate a mutually beneficial experience for all involved. 
  5. The Learning Site may dismiss a student if the student violates its standards, mission or goals. The Learning Site will document its rationale for terminating a student and provide the University with a copy of the rationale upon request.
  6. Students participating in a learning activity at the Learning Site are not officers, employees, agents or volunteers of the University or the Learning Site, unless they receive compensation or are otherwise employed by the learning site whereby they may be considered employees. Where these exceptions do not apply, students are not entitled to any employment related benefits provided by the Learning Site to its employees including but not limited to wages, sick leave, vacation, and workers compensation. Students shall not impair any existing contract for service or collective bargaining agreement.
  7. Nothing contained in this Agreement confers on either party the right to use the other party’s name without prior written permission, or constitutes an endorsement of any commercial product or service by the University.
  8. This Agreement may not be altered unless both parties agree in writing. The parties agree to follow all applicable federal, state and local laws and regulations, including but not limited to laws prohibiting discrimination and harassment. 
  9. Learning Site and University shall maintain confidentiality of each participant’s records and any related 
    information except as otherwise required by law.
  10. Learning experiences offered by the Learning Site may otherwise be considered employment where compensation is provided.
  11. Learning Site is aware of and informed about the hazards currently known to be associated with the novel coronavirus referred to as “COVID-19”. Learning Site is familiar with and informed about the Centers for Disease Control and Prevention (CDC) current guidelines regarding COVID-19 as well as applicable federal, state and local governmental directives regarding COVID-19. Learning Site, to the best of its knowledge and belief, is in compliance with those current CDC guidelines and applicable governmental directives. If the current CDC guidelines or applicable government directives are modified, changed or updated, Learning Site will take steps to comply with the modified, changed or updated guidelines or directives. If at any time Learning Site becomes aware that it is not in compliance with CDC guidelines or an applicable governmental directive, it will notify Jon Medwin of that fact.

Contact Information

Any notices required by this Agreement will be deemed to have been duly given if communicated to the following individuals:

Contact Information of Approving Representative:

University Contacts:

Mary D’Alleva
Director, Center for Community Engagement
510-885-4437, Mary.dalleva@csueastbay.edu
​25800 Carlos Bee Blvd, Hayward, CA 94542
 
Mariaelena Marcano, M.Ed. 
Internships Coordinator, Office of Internship
510-885-4478, mariaelena.marcano@csueastbay.edu
25800 Carlos Bee Blvd, Hayward, CA 94542
 
Jon Medwin, MBA, C.P.M., CPPO, CPPB
Director, Procurement & Support Services
510-885-2775, jon.medwin@csueastbay.edu
​25800 Carlos Bee Blvd, Hayward, CA 94542

Partner Signature:

Any mark in this box indicates agreement by the authorized signer.  Please sign as legibly as possible.

This agreement is not fully executed until signed by an authorized representative of CSU East Bay.