1. THE AGREEMENT

This Agreement between Idaho State University (ISU) and the University of Idaho (UI) for delivery of educational services in Idaho Falls (the "Agreement") is made and entered into this 17^th day of March, 1998, by and between the Regents of the University of Idaho, a public corporation, state educational institution and a body politic and corporate organized and existing under the Constitution and laws of the State of Idaho (UI) and Idaho State University (ISU), a state education institution organized and existing under the laws of the State of Idaho.

 This document details a commitment to cooperate, while honoring each institution’s designated role, mission and identity in the delivery of academic courses and degrees at the ISU/UI Center for Higher Education in Idaho Falls by:

• offering high quality academic programs;
• providing joint student services, and
• sharing facilities and management responsibilities.

2.0 ROLES & MISSIONS

2.1 Purpose: The ISU/UI Center for Higher Education at University Place in Idaho Falls is designed as a collaborative model that provides post-secondary opportunities to meet the educational needs of the residents of the Upper Snake River Valley. These include undergraduate and graduate degrees, general education, professional development and cultural enrichment courses delivered on-site and via advanced technology.

Idaho State University and the University of Idaho will jointly conduct market studies and needs analysis to improve educational services for residents, business and industry and to support economic, social and culture development in the Upper Snake River Valley. The Idaho Falls instruction program will be shaped to take full advantage of the inter-institutional cooperation. These institutions will provide high quality academic programs consistent with programs offered on the home campuses.

In 1994, a state-of-the art classroom / laboratory building funded by the Idaho State Legislature became the catalyst for the development of this unique educational endeavor.

ISU and UI cooperate in this venture to expand offerings and services to students by broadening faculty interaction, strengthening programs, and enhancing facility utilization for the purpose of achieving new levels of academic excellence. Quality programming, teaching and learning will result from combining resources and the future integration of faculty and curriculum. The Center also promotes exciting new collaborations with business and industry to benefit the economy of eastern Idaho.  

2.2 Idaho State University: Idaho State University is a comprehensive doctoral university. It provides both general education and specialized programs in the arts, humanities, sciences, the professions, and applied technologies. ISU engages in research consistent with its undergraduate and graduate programs and its state and regional public services mission. ISU is the state’s lead institution in its primary emphasis areas of health professions, pharmacy, dental education and related biological and physical sciences. Its program in the primary emphasis area of teacher preparation and in continuing emphasis areas of business and engineering respond to a variety of demands within the state and region. Constituencies served are both local and statewide. They include students seeking traditional, non-traditional and continuing education. In addition, the institution serves business, the professions, and public sector groups thought the state. ISU fulfills its community college function by offering academic associate degrees; lower division courses for off-campus learners; programs and services for under-prepared learners; continuing education for those already in the workforce; and non-degree programs and courses for the general public (Spring 1998).

2.3 University of Idaho: The University of Idaho is a comprehensive land-grant institution committed to the land-grant ethic of access to affordable/quality education, world-class research for the State of Idaho, and outreach responsive to business and community needs. The UI has the principal responsibility for research and the granting of the Ph.D. degree, and provides a wide range of professional and liberal education degree offerings at the undergraduate levels. Its areas of primary statewide responsibility are agriculture, architecture, engineering, forestry & wildlife, law, mining and metallurgy, as well as designated areas in the arts and sciences, business, education, and other areas consistent with the university’s land-grant mission and state needs. The university is also responsible for the regional medical and veterinary medical education programs in which the State of Idaho participates. The university serves the entire state and, in many of its programs, a much broader national and international clientele. The university operates or will establish resident instruction centers and/or offer distance education opportunities where there is a demonstrated need. Continuing education offerings are, where appropriate, conducted in cooperation and partnership with state and local educational institutions (Spring 1998).

2.4 Primary Service Region, Mission and Statewide Responsibilities, and Offerings: The University of Idaho, the state’s land-grant institution has statewide responsibilities that emanate from its charter, traditional land-grant program areas, and history. Idaho State University, a comprehensive doctoral institution has been assigned Southeastern Idaho including Idaho Falls as its primary service region by the SBOE (See Attachment A and B). Those factors create the potential for duplication and competition when the universities are active in the same region. Mindful of assigned roles and mission, primary service regions, and traditional institutional strengths, the universities pledge themselves to cooperation, collaboration, and dialogues in the process of determining program and course offerings. The institutions will inaugurate programming based first upon area interest and need (demand) and then by following the policies regarding land-grant outreach and services area designation. Reliance on policies is not intended to preclude either institution from offering courses or programs consistent with mission, but rather to provide a framework for dialogue.

The following types of collaborative options are envisioned for Idaho Falls:

1. Collaborative degrees carrying the names of both institutions;
2. Cooperative degrees offered by one institution which indicate by name the collaborating institution;
3. Distinctive degrees offered by either institution which rely on service courses offered by the partner institution; and,
4. Stand alone programs and courses.

It is anticipated that the Chief Academic Officers will be continually informed of course and program planning and will, in most cases, be able to resolve matters of potential duplication and primacy in offering a program. Unresolved issues will be referred to the presidents.

3. ACADEMIC PROGRAMS

 The institutions make a combined commitment to provide high quality academic programs and services in Idaho Falls. This commitment is intended to reduce costs, improve efficiency, and be beneficial to the institutions and the students they serve.

3.1 Areas of educational programming will respond to evidence of client interest and need. Individual and institutional interests will be secondary.

3.2 Areas selected will be consistent with the institutional mission, role and history with an emphasis on programming in areas of excellence.

3.3 In areas of overlapping interest, the roles of the institutions will vary depending on the service region and be delegated to the institution with primary responsibility.

3.4 The institutions will not offer competing courses and degree programs in Idaho Falls.

3.5 Cooperative degree programs will be encouraged, especially in innovative interdisciplinary areas.

3.6 To maintain efficient use of resources, the institutions will encourage students to take service courses from each other as part of degree programs in lieu of duplicating each other’s course offerings.

3.7 ISU will place emphasis in undergraduate, graduate, professional and research areas consistent with its mission. ISU will offer a full range of general education classes, a variety of associate and baccalaureate degrees, and master and/or doctorate-level degrees in all areas which are consistent with its mission. ISU will continue to cooperate with UI in delivering advanced degrees which have been authorized to be delivered as joint programs.

3.8 The UI will place emphasis in graduate, research and selected undergraduate areas consistent with its land-grant mission. The UI will offer master and doctorate-level degrees primarily focused in science, computer science, engineering and agriculture; and selected baccalaureate degrees (Attachment C).

3.9 Both institutions will continue to offer professional development workshops and courses. Expanded activities such as athletic events, theater productions, and musical concerts will continue to be explored.

3.10 As new or expanded programs are planned for delivery in Idaho Falls by either institution, or as programs are phased out, consultation and agreement by the Chief Academic Officers of the institutions will occur.

3.11 Enrollment will be credited to the institution that sponsors the course.

3.12 The institution offering the course is responsible for all arrangements and costs in delivering the instruction.

3.13 Faculty in Idaho Falls will be employees of UI or ISU but not both. Faculty members will be recruited, hired, evaluated, receive rank and tenure by the respective institution’s policies. 

3.14 The institutions will encourage the participation of each other’s faculty on graduate supervisory committees.

Higher education in Idaho Falls will be provided by an integrated structure that consolidates services to students. This agreement between ISU and UI divides roles, combines selected resources, and capitalizes on institutional strengths. This realignment is designed to provide efficiency and effectiveness in offering students a single point of service.

4.1 The two institutions will establish and maintain a shared University Place Student Services Office where students will be admitted and enrolled by personnel from ISU and UI.

4.2 Primary responsibility for undergraduate admissions, counseling, financial aid, and career counseling will be provided by ISU (Attachments D, E, F, J).

4.3 Advising for graduate programs offered by UI and ISU will continue to be supplied by faculty from the respective disciplines at each institution.

4.4 ISU and UI will offer a common admission’s application, computer registration system, course schedule, telephone registration program, and photo identification activity. Incurred costs will be prorated based on student enrollment (Attachments F, G, H, I, J).

4.5 Articulation contracts between ISU and the UI and corresponding academic departments will be refined and monitored to establish and ensure the transferability of credits earned by degree seeking students.

4.6 Consortium agreements that enable students to pay full-time fees when the totals of their part-time credits from each institution accumulate to eight credits will be developed (Attachment E). Fee schedules and courses offered in the Center for Higher Education will be published in a joint periodical.

4.7 Student fee payment, financial aid disbursement, and other charges will be collected by personnel in the University Place Student Services Office and then distributed to the respective institution (Attachments D, E). The goal is to have the activity appear seamless to students registering for courses.

4.8 The universities will cooperate to offer library and information services and will jointly operate the "University Library Center" at University Place. ISU will provide overall management. (Attachment K).

5.1 OVERSIGHT MANAGEMENT (ratified 24 Sept 98 by UPOC)

University Place Oversight Council (UPOC): The University Place Oversight Council is responsible for all major policy issues regarding the management and operation of the University Place campus and the delivery of education programs by the institutions at University Place. The Council shall meet twice each year (in Boise, Idaho Falls or other location as mutually agreed), or more frequently as needed to review policy and/or governing procedures. Topics such as financial administration, space utilization, facility planning and academic programs may be addressed as well as other timely issues. Any member of the council may request and receive in a timely manner, records from either university regarding student enrollment (numbers, not individuals), building scheduling, fiscal operations, personnel documents (salaries, wages, benefits allocation, etc.) and other appropriate documents. The Council will also hear and decide issues that are not resolved by the University Place Local Operations Committee (LOC) described in Section 5.1.2 below. The Council is chaired alternately by ISU and UI. Any member of the Council may call meetings.

5.1.1 University Place Local Operations Committee (LOC): The University Place Local Operations Committee is established in support of the on-site management for the University Place campus and implementers of this agreement. The LOC is the first level of institutional partnership. The LOC will collectively interpret and implement the policies & procedures herein established. Recommended revisions to this document will be forwarded to the UPOC.

 Membership of the Local Operations Committee (LOC) includes:

Other members of the University Place staff and faculty may be invited to participate in discussion or fact-finding especially concerning matters within their responsibility. A clerk or secretary may also be invited to record the proceedings of the meeting. The Committee meets at least once each quarter and is chaired in alternate years by ISU and UI Directors. Any resolution not having the support of both institutions is tabled until such time as can be resolved or recommended to the University Place Oversight Council.

Responsibilities of the University Place Local Operations Committee are noted in Section 8.0.

The SSO encompasses the combined office of admissions, registration, records and fee payment.

5.2.1 Employees from both institutions will staff the combined SSO. Minimum staffing needs per institution will be based on the respective annual average enrollment of each institution as determined by the Directors. All personnel in the SSO will be paid at a rate consistent with experience and job responsibilities.

5.2.2 A functional organizational chart (Attachment L) will be constructed and maintained including the staff from both institutions. All staff will be cross-trained to become familiar with student assistance and the operation of each institution. Job descriptions for each position will be generated and annually reviewed by management from each institution.

5.2.3 Although staff from each institution will report directly to their own management as reflected in the organizational chart, it is also expected that they will be responsive to the management of the partner institution. Annual job performance evaluations will be conducted by management of each institution for their respective employees in consultation with institutional counterparts. 

5.2.4 Routine management of the SSO will be a shared institutional responsibility. In the absence of one office manager (sick leave, vacation, etc.), day-to-day operations will be the responsibility of the management of the partner institution.

5.2.5 Only personnel directly involved in the routine operations of the SSO will be housed within the office.

5.2.6 Unresolved SSO issues will be decided jointly by the institutional Directors.

5.3 Day-to-Day Cooperative Management activities and evolving issues will be addressed and resolved by the respective Idaho Falls Directors from each institution. Constituent needs will be examined through the involvement of university representatives, local advisory boards and councils. The Oversight Council will address policy issues.

5.4 Graphic Identification Standards are detailed in Attachment M entitled "University Place Policy for Graphic Identification". This policy is designed to ensure consistency in the appearance of external communication materials, nameplate design and usage, internal and external signs and compliance issues.

6.1 The acreage covered by this agreement include: The 26 acre "University Place (UP)" property owned by the UI Foundation; the 10 acre property, adjacent to UP and northeast of the railroad tracks, owned by the ISU Foundation; the 19 acre riverfront property, due north of the railroad tracks, currently owned by the Idaho Department of Lands (expected to be transferred to the universities); and contiguous properties acquired in the future owned by the purchasing institution(s) or respective foundation(s).

6.2 The buildings covered by this agreement include: The 66,000 square foot Center for Higher Education Building owned by the State of Idaho and the 45,000 square foot University Place Building owned by the UI Foundation. Also included are future campus-related buildings owned by the principal fiscal agent be it one or more of the institution(s), respective foundation(s) or the state.

At the time of this writing, one additional building is planned for addition to University Place property: The Student Union Building (SUB) scheduled for Phase I construction in Spring 1998. A research and development Center for Science and Technology (CST) Building is in the early planning stages with no scheduled construction date.

Future developments on current and future campus lands will be jointly coordinated by the institutions through the Oversight Council and the respective institution Foundation(s).

Nothing in this agreement is intended to obligate the ISU or UI Foundations. Each Foundation will maintain the right to seek arrangements that will ensure the appropriate exercise of its fiduciary duty.

Figure 1 illustrates a recent campus plan.

6.3 The Maintenance and Operation (M&O) of the facilities. Daily and routine maintenance including janitorial services and landscape maintenance for all facilities located on UI Foundation and future campus properties will be provided by the on-site UI Maintenance Team.

For larger, non-routine, M&O tasks requiring specialized equipment or services, the equipment or services will be locally contracted and/or coordinated through the ISU Physical Plant in Pocatello.

M&O expenses not covered by specific state or institution allocations or through lease or rental agreements, will be shared by the institutions on a pro rata basis as agreed upon by the Oversight Council.

ISU/UI Center for Higher Education (CHE) Building will be designated for use in teaching, Student Services Office (SSO) and in support of scholastic research. Priority for classroom and laboratory assignments is to be determined by institutional mission and student usage. Allocations will be determined on the efficient and fair distribution of classroom and laboratory space.

A Scheduling Committee consisting of the designated building manager(s), registrars from ISU/UI, site directors, telecommunications managers, and administrative representatives from the respective institutions shall meet annually. This committee will review institutional and departmental needs for the utilization of space in the CHE. After reviewing and evaluating requests from faculty and departments, the Committee will make appropriate room assignments. Space assignments within the CHE will not ordinarily include faculty or administrative offices.

The following are guidelines under which classroom and laboratory space will be decided:

• No institution or department will have ownership over rooms designated as general classrooms.
• Departments may request scheduling priorities for general classrooms and laboratory space based on equipment needs or physical logistics.
• Efforts will be made to keep courses in the same rooms from fall to fall and spring to spring.
• Large enrollment or high demand general education courses should be scheduled first and include sections in the mornings, afternoons, and evenings.
• Classrooms and laboratories furnished with special equipment (computers, video) by an institution or department will be scheduled after conferring with representatives from the institutions or departments owning the equipment.
• Events such as faculty meetings, recitations, tutorials, etc. that meet on a regular basis during a semester should take second priority in the usage of classroom space, and should be identified at the time course scheduling takes place.
• Special equipment requests are made to the Center for Higher Education Building Manager.
• Requests for technology upgrades or classroom and laboratory enhancements should be addressed through each institution’s yearly budgeting cycle. Joint requests are to be forwarded to the Oversight Council.

University Place office and other space will be determined by the resident UI Director in consultation with the resident ISU Director. Consideration will be given to need, equity, fairness and ownership.

Student Union space will be determined by the Associated Students of ISU and UI, in consultation with the on-site institution Directors and university administrations. Consideration will be given to student need, equity, fairness and ownership.

The Oversight Council, in response to constituent needs, will determine space allocation for future buildings.

 7.1 INEEL related issues: Educational contracts and agreements with the primary contractor for the INEEL or associated and related contractors will be negotiated independently and separately by the institutions. All educational contracts with the INEEL will abide by and be in the spirit of the terms and conditions of this agreement.

7.2 Community Advisory Groups: The institutions will jointly help reestablish and/or support an Idaho Falls Education Advisory Council (EAC). The EAC is envisioned as a forum for the Idaho Falls community to provide input to the institutions of higher education. Attachment N provides a suggested outline for the purpose, structure and organization of the EAC.

7.3 Term: This Agreement shall be in effect from March 17, 1998 until June 30, 2003 and shall terminate upon the expiration of its term unless the parties continue to perform under this Agreement after the expiration of its term, where by this Agreement shall be continued only on a year-to-year term, which may be terminated by either party giving the other party a 120-day notice of its desire to terminate the Agreement. Upon receiving notice of termination, the parties shall have (30) days to determine how best to phase out any obligations which involve provision of student services to continuing students, and any other obligations which cannot be immediately terminated upon notice without interfering with legal rights of students or employees.

7.4 Modifications or additions to this agreement may be initiated with recommendation from the on-site institution Directors or from the institutional Provost (UI) and Academic Vice President (ISU), and approval by the Presidents.

7.5 Unresolved matters concerning the interpretation of this agreement will first reside with the resident institutional Directors. If a matter remains unresolved, the Oversight Council will resolve the matter.

7.6.1 Compliance with federal and state discrimination laws. The parties agree to comply with Title VI and VII of the Civil Rights Acts of 1963, Title IX of the Education Amendment for 1972, Section 504 of the Rehabilitation Act of 1973, Executive Order 11246, the Americans with Disabilities Act and the related regulations of each. Each party assures that it will not discriminate unlawfully against any individual including but not limited to employees, applicants for employment, students or student applicants, because of race, religion, creed, color, sex, age, disability, or national origin.

7.6.2 Notices. Any notice under this Agreement shall be in writing and be delivered in person or by public or private courier service (including U.S. Postal Service Express Mail) or certified mail with return receipt requested or by facsimile. All notices shall be addressed to the parties identified in the signature block in Section 9.0.

Any notice shall be deemed to have been given on the earlier of: a) actual delivery or refusal to accept delivery, b) the date of mailing by certified mail, or c) the day facsimile delivery is verified. Actual notice, however and from whomever received, shall always be effective.

7.6.3 Severability. If any term or provision of this Agreement shall, to any extent be determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforceable to the fullest extent permitted by law; and it is the intention of the parties hereto that if any provision of this Agreement is capable of two constructions, one of which would render the provision void and the other of which would render the provision valid, the provision shall have the meaning which renders it valid.

7.6.4 Liability. Neither party shall be responsible for personal injury or property damage or loss except that resulting from its own acts of omission, or the acts or omissions of its employees, or others for whom the party is legally responsible for under applicable law. Nothing herein shall be deemed an expressed or implied waiver of sovereign immunity by the State of Idaho or the Regents of the University of Idaho.

7.6.5 Entire Agreement. This Agreement and the other documents to be executed by the parties hereunder, embody the entire agreement relative to the subject matter thereof, and there are no oral agreements existing relative to the subject matter hereof which are not expressly set forth herein or in the documents to be executed hereunder and covered hereby, and in the case of any conflicts between any such documents, this Agreement shall control. This Agreement may be modified only in writing when signed by all the parties hereto.

7.6.6 Governing Law. This Agreement shall be governed by the laws of the State of Idaho.

7.6.7 Waiver. No covenant, term or condition or the breach thereof shall be deemed waived, except by written consent of the party against whom the waiver is claimed, and any waiver of the breach of any covenant, term or condition shall not be deemed to be a waiver of any other covenant, term or condition herein. Acceptance by a party of any performance by another party after the time the same shall have become due shall not constitute a waiver by the first party of the breach or default of any such covenant, term or condition unless otherwise expressly agreed to by the first party in writing.

7.6.8 Force Majeure. Any prevention, delay or stoppage due to strikes, lockouts, labor disputes, acts of God, inability to obtain labor or materials or reasonable substitutes therefore, governmental restrictions, governmental regulations, governmental controls, enemy or hostile governmental actions, civil commotion, fire or other casualty, and other causes beyond the reasonable control of the party obligated to perform (except for financial ability), shall excuse the performance, by such party for a period equal to any such prevention, delay or stoppage.

7.6.9 No Joint Venture. Nothing contained in this agreement shall be construed as creating a joint venture or agency relationship between the parties.

8.0 FISCAL OPERATIONS (Effective 7/98 ratified 22 Oct by UPOC)

 8.1 Program Expenses, which are defined as the direct and related indirect costs of instruction, research or outreach activities, for each institution’s programs are borne entirely by the institution sponsoring the program. These are expenses that primarily support the individual programs, courses and/or related services of each university.

8.2 Non-appropriated Funds received at the CHE building through such activities as rent to outside agencies, vending commissions, and donations, are designated as joint-use funds and their disposition is determined by the Local Operations Committee (LOC).

8.3 Audio/Visual/Classroom Attendants are employed by ISU at the CHE building to provide general audio/visual and other assistance to building occupants. Their total, combined salaries and benefits for FY 98-99 are distributed as follows: one-fourth to the University of Idaho, one-fourth to the CHE building M&O account, and one-half to Idaho State University. This distribution is based on the approximate number of courses offered annually with recognition of innate M&O related activities. The distribution is to be reviewed annually by the LOC and adjusted as necessary. These persons are hired and supervised by the CHE Facility Operations Coordinator with approval of both directors.

8.4 Fiscal Agency is assigned by the University Place Oversight Council for each building. To encourage responsible spending and forecasting, an annual budget for joint accounts is prepared by the fiscal agency, reviewed by the Local Operations Committee and approved by the University Place Oversight Council (UPOC). Council and Committee members may ask for and receive an accounting for budget expenditures at any time.

As the budgetary year progresses, the fiscal agency is required to report monthly to the Committee the status of joint-funded operations.

All non-routine expenditures below $2,500 and all routine M&O expenditures for the CHE building are approved by the Facility Operations Coordinator. Non-routine expenditures $2,500 and above must first be approved by the Local Operations Committee.

The fiscal agent will include a renewal and replacement (R&R) category within the CHE M&O budget. The R&R category is to hold funds for major renovation and major repair of the CHE building such as carpet replacement, repair of HVAC equipment, and any unforeseen maintenance and operation expenses. Each fiscal year the LOC will recommend an amount to be transferred into the R&R fund for that year.

8.5 Expenditures incurred by either university are to be promptly and fully remitted upon receipt of an invoice. Should there be an objection to any expense, an appeal may be brought before the LOC for resolution. The billing or invoice payment is not delayed or reduced while the appeal is in process.

9.0 Accounting For Student Fee Revenue (ratified 22 Oct by UPOC)

University of Idaho fees calculated and remitted through the ISU registration system (see Attachment H) are to be returned promptly and in full to the University of Idaho. An estimate of the University of Idaho fees is to be calculated and agreed upon by both ISU and UI three weeks into the semester and the estimated remittance forwarded to the UI. A final reconciliation will be done no later than one week after the end of the semester, and the final payment will be adjusted accordingly.

Attachment G: ISU/UI at University Place in Idaho Falls: Student Handbook, Spring 1998

Attachment L: Functional Organizational Chart for the Student Services Office (SSO)

Attachment M: University Place Policy for Graphic Identification

Attachment N: Idaho Falls Education Advisory Council (EAC)