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HomeMy WebLinkAbout5.786 Original Contract " 5. 7~~ PROGRAM AGREEMENT THIS AGREEMENT is made and entered into this ~ day of Jtbn~ _ , 2006, by and between Peninsula Community College, (College), and the City of Port Angeles ("City"), a Washington Municipal Corporation. In consideration of the mutual covenants and benefits contained herein, the parties acknowledge and consent to the following: 1. PURPOSE: The parties mutually desire to offer certain Peninsula Community College programs open to citizens at the Port Angeles Senior Services & Community Center (the Senior Center). 2. OBLIGATIONS: 2.1 The College shall provide the following: a. Registrations - College will provide the City with the number of students registered for each class held at the Senior Center. b. Entrance - Instructors & students attending classes held during regular business hours, M-F, 8 am - 5 pm, will enter through the front doors of the building. Instructors & students attending classes held after regular business hours will enter through the most appropriate door. c. Exit - Classes held during regular business hours (M-F, 8 am - 5 pm), exit through the front doors of the building. Classes held after hours may also exit through the front doors. d. Room use - Rooms will be returned to standard room configuration at the end of each class. e. Scheduled Room use - The College will schedule rooms in advance on an annual basis. The College will notify the Senior Center Supervisor of changes in any class schedule as they occur. Room Use Payment - January 2006 through June 2006 room use fees: College agrees to pay the City $6 per class hour for each class held at the City's Senior Center. Additionally, the College agrees to pay all TEUF Technical Equipment User Fees) collected from students attending classes in the Senior Center Computer Lab to the City for the duration of this agreement. Academic Year July 1, 2006 - June 30, 2007 room use fees: College agrees to pay the City $6 per class hour for each class held at the City's Senior Center. Academic Year July 1, 2007 - June 30, 2008 room use fees: College agrees to pay the City $8 per class hour for each class held at the City's Senior Center. Academic Year July 1, 2008 - June 30, 2009 room use fees: College agrees to pay the City $10 per class hour for each class held at the City's Senior Center. f. Payment will be made to the City, by check, mailed to the P ASC, no later than four weeks after the end of the current quarter. g. The college wIll provide Instructors and necessary supplIes for each class C \Documents and Settmgs\JackleJ\Local Settmgs\Ternporary Internet Flles\OLK20\PCC proagree FINAL6-o9-06 lIf opd,rtf 1 h. Liability Insurance -To provide General Liability insurance written on an occurrence basis with limits not less than $1,000,000 combined single limit per occurrence for personal injury, bodily injury, and property damage. The City shall be named as an additional insured on the insurance policy, and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The College's insurance shall be primary insurance as respect the City and the City shall be given thirty (30) days prior written notice of any cancellation, suspension or material change in coverage. Failure to maintain acceptable insurance will result in the termination of this use agreement. 1. Hold Harmless and Indemnification. Each party to this agreement shall be responsible for any and all claims, damages, or other liabihty, including cost of defense and attorney's fees, arising out of the acts or omissions under this contract. Neither party assumes responsibility for the consequences of any act or omission of any person, firm, or corporation not a party to this agreement. 2.2 The City shall provide the following: a. Building Maintenance & Repair - Daily janitorial service. b. Facility Rental Management - Provide support in all aspects of room use including arrangements to assure appropriate access to the building for classes held after regular business hours. c. Monthly Newsletter - Space in monthly newsletter for articles relating to Senior Center members and education, in accordance with newsletter deadlines. 3. ENTIRE AGREEMENT. The terms and conditions written herein constitute the entire understanding between the parties. This Agreement shall not be modified or amended except by a writing executed by all parties hereto. 4. RELATIONSHIP OF PARTIES: The College is not an agent or employee of the City. The College agrees not to make any representation to any third party or to allow any third party to retain the impression that Peninsula Community College is an employee or agent of the City. 5. TERMINATION. This understanding may be terminated by either party if: 5.1 Any party fails to fully comply with the scope of obligations as specified above within thirty (30) days of receiving written notice of their alleged failure, or 5.2 Either party serves the other within ninety (90) days written notice of their intent to terminate. C \Documents and Settmgs~ackleJ\Local Settmgs\Ternporary Internet FIles\OLKlOIPCC proagree FINAL6-{)9-{)6 tlf opd rtf 2 IN WITNESS WHEREOF, the undersigned have duly executed this Memorandum of Understanding on or about the / ~ day of ..JiI/YLl_ , 2006. City of Port Angeles Recreation Division ~,~ Deputy Director Attest: " "; College - mrJU'Y'f:;J unity College Representative C \Documents and Settmgs\JackJeJ\Local Settmgs\Temporary Internet Flles\OLK20\PCC proagree FINAL6-D9-06 tlf opd rtf 3