HomeMy WebLinkAboutC-5721 - Agreement for Educational ServicesAGREEMENT FOR EDUCATIONAL SERVICES
THIS AGREEMENT is effective as of November 1, 2013, by and between NATIONAL UNIVERSITY, a
non - profit, public benefit corporation ( "University "), whose address is 11355 North Torrey Pines Road, La
Jolla, California 92437 -1011, Attn: Randy C. Frisch, Vice Chancellor, Business and Administration,
telephone (858) 642 -8593 and facsimile (858) 642 -8711, and City of Newport Beach ( "Employer "), whose
address is 870 Santa Barbara Drive, Newport Beach, California 92660, Attn: Mr. Jay Johnson, Chief of
Police. telephone (949) 644 -3650 and facsimile (949) 644 -3794.
I. Programs. University will offer the following academic programs to Employer's employees ( "Students ")
in a hybrid format at Employer's facility located at 870 Santa Barbara Drive, Newport Beach,
California 92660 (the "Facility "): Master of Public Administration with Specialization in
Or¢anizational Leadership (collectively, the "Program (s)"). University's General Catalog ( "Catalog ")
in effect at the time each Student enrolls will govern all Program requirements for Students, including,
but not limited to, required courses.
2. Academic Responsibility. University shall have exclusive control over all academic issues, which shall
include, without limitation: selection of course content and required textbooks; delivery of instructional
programs; selection and approval of faculty; admission, registration, and retention of Students;
evaluation of Students' prior education; evaluation of Students' progress; scheduling courses; awarding
academic credit; and conferring degrees.
3. Classroom Space and Equipment. Employer will make classroom space and equipment necessary to
deliver the Program (e.g., computers, VCRs, overhead projectors, etc.) available at the Facility, as
needed and at no charge to University. The parties will arrange use of classroom space and equipment
prior to classes being scheduled.
4. Class Size. University will offer the Programs at the Facility for the term of this Agreement unless the
enrollment in any Program fails below twelve (12) students during any two (2) consecutive months; in
which case, University may terminate the effected Program(s), at its sole discretion.
5. Regulations and Services. Students will be subject to the regulations and policies and entitled to the
benefits and services described in the most current version of the Catalog, except that some of the
services may only be available at a University campus or center.
6. Tuition. University will charge Students a tuition rate that is 40% less than the University's standard
tuition rate currently being charged at the time each course is offered. This rate is subject to normal
tuition increases, as indicated in the most current version of the Catalog. University will also charge
Students applicable fees and costs. Should Students take courses at any place other than the Facility, the
tuition reduction offered in this Agreement will not be applicable and Students will be charged the
standard, full tuition rate.
7. Verification of Employment Status. University will permit only those Students who supply University
with proof of their employment status to take courses at the Facility at the reduced tuition rate stated in
Paragraph Six (6) of this Agreement. University shall provide Employer with the names of all enrollees
and Employer shall verify, at least quarterly, that the Students are its current employees.
8. Term. The term of this Agreement shall be two (2) years, commencing on the date first set forth above,
provided that either party may terminate this Agreement, without cause, at any time, upon thirty (30)
days prior written notice to the other party. If the Agreement is terminated or if the Programs are
City of Newport Beach 11 -01 -13
discontinued due to low enrollment, Students may complete the Program(s) at any University campus or
center at the standard, full tuition rate.
9. Insurance. University will obtain and maintain a broad form commercial general liability insurance
policy acceptable to Employer in the minimum amounts of $1,000,000 combined single limit and
$2,000,000 general aggregate. The University will provide the Employer with proof of such insurance
upon request.
10. Indemnity. Each party will indemnify, defend, and hold harmless the other party (including officers,
employees and agents) against all claims, liabilities, damages and costs (including attorneys' fees)
arising from or in any way related to this Agreement caused by that first party's breach of this
Agreement, inaccuracy of representations, or conduct, whether negligent, reckless or intentional. These
obligations will continue after the Agreement terminates.
11. Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all
matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of
competent jurisdiction in the County of Orange, State of California.
12. Notices. All notices or other communications given under this Agreement will be in writing and sent to
the addressee listed at the beginning of this Agreement (unless a party has changed its address by giving
notice), and will be effective upon receipt if delivered personally or by overnight mail, or effective three
(3) days after mailing if by certified mail, return receipt requested.
13. Program Promotion. Employer will assist in promoting the Program(s) by disseminating information to
employees through Employer's choice of internal mail, e-mail, posting of notices, distribution of
brochures, or other methods, with University's prior review of such advertisements. Neither party may
use the names, logos, or trademarks of the other party without its prior written consent.
14. Entire Agreement and Severability. If a court or arbitrator holds any provision of this Agreement to be
illegal, unenforceable, or invalid, the remaining provisions will not be affected. This Agreement
contains the entire agreement between the parties pertaining to the transaction and may not be amended
unless in writing, signed by both parties.
15. Representations. Each party represents that: (a) it will abide by all applicable federal, state, or local
statutes or regulations; (b) the individual signing this Agreement has the authority to do so; and (c) it has
the ability and authority to perform each of its obligations under this Agreement. These representations
will continue after the Agreement terminates.
16. General Provisions. The Agreement: (a) will be binding and enforceable by the parties and their
respective successors or assigns, but not by any individual or organization not a party to this Agreement,
including, but not limited to, any Student; (b) may be executed in counterparts and effective with original
or facsimile signatures; (c) will be governed by California law; and (d) has been executed at San Diego,
California.
CITY OF NEWPORT BEACH
By: _ ( 20) � -
Jay J ' son, ief of Police
Date:
NATIONAV UNIVERSITY, a non-profit, public
benefit oration
By:
Randy C. sc Vice Chancello ,
Date: //X,
City of Newport Beach 11-01-13 Page 2 of 3
APPROVED TO FORM:
Aaron C. -f6, City Attor I��
( I
ATTEST TO:
W, 4,04v---
Leilani
Brown, City Clerk
City of Newport Beach 11-01-13 Page 3 of 3