RECEIVED. AUG f AGREEMENT BETWEEN MICHIGAN STATE UNIVERSITY AND THE MIDWEST CONSORTIUM FOR LATINO RESEARCH

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1 RECEIVED AUG f AGREEMENT BETWEEN MICHIGAN STATE UNIVERSITY AND THE MIDWEST CONSORTIUM FOR LATINO RESEARCH June 3,1997

2 AGREEMENT BETWEEN MICHIGAN STATE UNIVERSITY AND THE MIDWEST CONSORTIUM FOR LATINO RESEARCH This agreement is entered into between the Midwest Consortium for Latino Research (MCLR) and (MSU). MCLR is currently a nine member consortium consisting of the University of Illinois-Chicago, the University of Michigan at Ann Arbor, the University of Iowa, the University of Nebraska at Lincoln, Wayne State University, the University of Wisconsin at Madison, DePaul University, Indiana University at Bloomington, and (MSU). WHEREAS, the MCLR has expressed its desire to maintain its secretariat at, East Lansing, Michigan; and WHEREAS, has expressed its willingness to accommodate the MCLR secretariat, NOW, THEREFORE, be it agreed by the parties hereto that the commitment and funding to be provided to MCLR by MSU shall be subject to the following conditions and/or understandings: 1) Within its reasonable capabilities, MSU will supply the MCLR, upon its request, such management, secretarial, clerical, auditing, and other services as MCLR deems necessary and/or appropriate for the proper administration and operation of the MCLR secretariat. MSU will equip MCLR with the computer capabilities and main frame connections to maintain its daily communications system. The MCLR shall be responsible for paying for the maintenance of such services, and shall be responsible for paying the salaries of said, management, secretarial, clerical, auditing and other services, the MCLR shall also pay for salary fringe benefits normally paid to, or on behalf of, staff members of MCLR employed through MSU. MSU shall not be liable to MCLR for any act or failure to act of any MSU employee while such employee is engaged in performing services under the auspices or at the direction of MCLR. MSU will provide a private office for the MCLR Executive Director. MSU will also provide adequate space for secretarial support for the MCLR Executive Director. The office space will be accessible to the public for fund development purposes.

3 2) At its discretion, MCLR will purchase any additional office items required to carry out its functions. Such items may include, but are not limited to, desks, filing cabinets, postage, computers, supplies, printing, minor equipment, and telephones. In accordance with MSU purchasing policies, any equipment purchased by the MCLR shall be the property of MCLR. MCLR may contract for additional services. 3) MSU will act as fiscal agent for MCLR, accepting membership dues, accepting and administering MCLR grants and contracts and other funds. MSU reserves the right to decline to administer any grant which, in its sole judgment, imposes unreasonable service demands or contract liabilities upon MSU. The Board of MCLR reserves the right to transfer grants and contracts to any of its member institutions for activities approved by the Board. 4) The MCLR will be responsible for having sufficient funds in advance to pay for all of its activities and will not incur any debts so as to create a liability for MSU. 5) The MCLR will have access to the same services as other administrative units of MSU and be governed by the applicable rules and regulations of MSU subject to the following: a) Expenses and Reimbursements. Reasonable, proper, and actual expenditures shall be paid (i) from funds supplied by MCLR and (ii) in accordance with its Bylaws. b) Expenses submitted for payment by the MCLR Executive Director shall be authorized by the MSU designated administrator for processing by MSU. c) MSU will provide the MCLR in writing the name of the MSU designated administrator as well as the procedures of the MSU administration. 6) MSU will exempt all membership dues from any type of overhead charge. 7) MSU agrees that the Executive Director will make the performance evaluation of MCLR support staff in accordance with MSU policy. In the cases in which support staff are shared with a unit of MSU there will be joint evaluations. In those cases, the MSU designated administrator shall have signature authority for evaluations. These evaluations shall include commentary of shared staff by the MCLR Executive Director.

4 8) The MCLR Executive Director shall be selected, by the MCLR Board of Directors following a search using all applicable MSU personnel policies and procedures. The performance evaluation of the MCLR Executive Director shall be the responsibility of the MCLR Board of Directors. The Chair of the Board of MCLR shall communicate annually with the MSU designated administrator on the Executive Director's administrative performance. The evaluation will be submitted to the MSU designated administrator who shall affix a counter signature and forward said evaluation to the MSU Human Resources Department Salary adjustments for the Executive Director shall be in accordance with MSU's personnel policies and procedures. 9) The hiring decisions of MCLR support staff shall be the sole responsibility and discretion of the MCLR Executive Director with approval of the MCLR Board of Directors. In instances in which staff are jointly appointed between MCLR and other MSU units the MCLR Executive Director and the unit administrators shall make a joint decision in a spirit of cooperation. In the event an agreement is not reached on hiring decisions of shared staff, searches for shared staff shall be continued until a joint agreement is reached. All hiring decisions will be subject to MSU Human Resources policy. 10) The MSU designated administrator shall serve as an ex-officio member (without vote) on the MCLR Board of Directors. 11) The term of this Agreement shall be three (3) years from July 1, 1997 to June 30, 2000 and thereafter terminated. This Agreement may be terminated at any time with 90 days notice by mutual agreement. 12) This agreement is subject to all applicable constitutional and statutory provisions of the State of Michigan. 13) MCLR shall defend, indemnify and hold harmless MSU and its agents and employees from and against any and all claims, liabilities, costs, and expense, including attorney's fees and court costs, arising out of or in connection with the activities or operations of MCLR. 14) MCLR administrative flow chart

5 * On an as needed basis, as is the case for MSU unit administrators, access is provided to the Office of the Provost. MCLR ADMINISTRATIVE FLOW CHART

6 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers this / day of (MSU) Midwest Consortium for Latino Research (MCLR) BY Dr. Robert F. Banks BY Dr. Jose u nello Chair, MCLR BY. Dr. Stepher Dr. Interim irector, MCLR BY. Dr. Refugio/Rochin Designated Administrator WSUSpcjft mc»