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Cooperative Education Internship Affiliation Agreement

Palomar Community College Cooperative Work Experience Education & Internships

INTERNSHIP AFFILIATION AGREEMENT This Agreement is made and entered into on the _____ day of _________________, 2019 by and

between _________________________________________, hereinafter called the “Contractor” and

Palomar Community College District, hereinafter called the “District.”

WITNESSETH

WHEREAS, the District offers an internship program for its students; and WHEREAS, the Contractor is willing, under certain conditions, to allow interns (District students), enrolled in CE100- Occupational Work Experience or CE150- Internship, to utilize Contractor’s facilities for an internship of 60/120/180/240 (non-paid) or 75/150/225/300 (paid) hours duration within the dates of the semester of enrollment, dependent on units enrolled; and WHEREAS, on February 12, 2013, the District’s Governing Board approved a District Plan for its Cooperative Work Experience Education (the “District’s Plan”), per Title V, Section 55250 of the California Code of Regulations (“Title V”); and. WHEREAS, the District will ensure that the internship program follows all guidelines set forth by the District’s Plan, and is in compliance with all Title V rules and regulations. WHEREAS, the District will issue one (1) educational credit based on work experience for paid interns that have completed 75 hours of paid work, or for 60 hours of non-paid work per Title V, section 55256.5. NOW, THEREFORE, both parties agree to the following: SPECIFIC RESPONSIBILITIES OF THE DISTRICT: 1. The District shall provide the proper instructional foundation necessary for students to function

effectively on internships with supervision from the Contractor’s staff. 2. Students and instructors of the District shall abide by the policies of the Contractor while using

its facilities and will not interfere with the operation of Contractor’s facility. 3. The District will hire and pay an instructor(s), as needed, to conduct this program. This

instructor will meet minimum qualifications for the program/discipline. The District will provide

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Cooperative Education Internship Affiliation Agreement

all instruction necessary to meet course requirements. Curriculum will be planned by the instructor in concurrence with the Contractor’s staff in compliance with the District’s Plan.

4. The District shall carry public liability insurance covering faculty members of the District with limits

of Professional Liability $1,000,000/$3,000,000. Paying up to $1,000,000 for each claim up to a total of $3,000,000 in any one year during assignment with the Contractor. Upon execution of this Agreement between the respective parties, the District shall provide Contractor with certificate of insurance evidencing coverage, which shall name Contractor as an additional insured, if requested by the Contractor.

5. The District shall carry workers' compensation insurance covering its faculty and students of

unpaid internships while with the Contractor (pursuant to California Labor Code Section 3368). SPECIFIC RESPONSIBILITIES OF THE CONTRACTOR: 1. The Contractor shall, to the extent practical and consistent with the Contractor’s operations,

make available its facilities and opportunities for practical experience and observation appropriate for the student relating to the educational program.

2. The Contractor shall, to the extent practical and consistent with the Contractor’s operations,

make the internships available on an on-going basis.

3. The Contractor agrees to provide full cooperation to help ensure the success of the District’s program.

4. The Contractor agrees that the District’s Instructor(s) and/or students engaged in this learning experience pursuant to this Agreement shall not displace any regular employees of the Contractor.

5. The Contractor agrees to provide all necessary equipment for instructional use at the Contractor’s facilities.

6. The Contractor will cooperate with the District in its endeavor to provide training opportunities for all students regardless of sex, ethnicity, age, religion, or handicap or other protected class.

7. The Contractor shall carry worker’s compensation insurance for all students that receive payment for internship.

8. The Contractor and all of its employees, volunteers, Board members and subcontractors shall be subject to and shall comply with all federal, state, and local laws and regulations, including Cal/OSHA General Industry Safety Orders, applicable with respect to its performance under this

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Cooperative Education Internship Affiliation Agreement

Agreement, both current and future, including but not limited to, licensing and permits, employment practices and wages, hours and conditions of employment, including nondiscrimination. To the extent compliance is required; In the event of litigation, this Agreement and related matters shall be governed by and construed in accordance with the laws of the State of California. Venue shall be with the appropriate state or federal court located in San Diego County.

MUTUAL IMDEMNIFCATION The Contractor agrees at all times to protect, indemnify and hold harmless the District, its Board of Trustees, officers, members, representatives, employees, and agents from and against any and all liability, loss, expense (including reasonable attorneys’ fees), or claims for injury or damages arising out of the performance of this Agreement but only in proportion to and to the extent such liability, expense, attorneys’ fees or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of Contractor, its officers, agents, or employees. The District shall defend, indemnify and hold the Contractor, its officers, employees and agents harmless from and against any and all liability, loss, expense (including reasonable attorneys’ fees), or claims for injury or damages arising out of the performance of this Agreement but only in proportion to and to the extent such liability, expense, attorneys’ fees or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of District, its officers, agents, or employees while on Contractor premises. TERM OF AGREEMENT: The term of this Agreement shall be from , 20 through

, 20 . The term shall not exceed three (3) years, but may be terminated at the close of any school year by either party by serving notice in writing of the intention to so terminate to the other party. Any and all such notices shall be sent to the address provided on the signatory page of this agreement. This Agreement shall be reviewed annually by the administrative staffs of District and Contractor. CHANGES OR TERMINATION OF THIS AGREEEMENT: If problems arise during the term of this Agreement, the respective parties shall, by mutual consent, review the content and if necessary, revise the Agreement as deemed appropriate. Modifications are to be submitted in writing. Any amendments to this Agreement shall be in writing, signed by both parties, and made a part hereof. Termination of this Agreement may be with or without cause by either party, by delivery of thirty (30) days prior written notice of termination to the other party.

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Cooperative Education Internship Affiliation Agreement

CONTACT FOR COMMUNICATION: All written communication to be sent to the following:

DISTRICT: Contract Services Palomar Community College District 1140 West Mission Road San Marcos, CA 92069-1487 dclaypool@palomar.edu CONTRACTOR: Contact name for modification or termination: Business name: Address: City, State, Zip: Email:

IN WITNESS WHEREOF, this Agreement shall be effective on the date first above written FOR DISTRICT: Ron E. Ballesteros-Perez, Asst. Superintendent/Vice President Finance & Administrative Services Signature Date

FOR CONTRACTOR: Authorized Representative Name: Title: Signature Date