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HomeMy WebLinkAboutContracts & Agreements_249-2023MEMORANDUM OF UNDERSTANDING This MEMORANDUM OF UNDERSTANDING (hereinafter "Agreement") is entered into the 19th day of December, 2023 by and between California Baptist University, a California nonprofit corporation (hereinafter "University" or "CBU") and the City of Redlands, a California municipal corporation. CBU and the City of Redlands may be referred to individually as "Party" or collectively as "Parties." The purpose of this Agreement is to define how CBU will offer its courses at a reduced tuition rate to City of Redlands employees and how the City of Redlands will provide opportunities to CBU to promote and recruit their employees subject to the terms and conditions of this Agreement. The Parties Mutually Agree: A. This Agreement is effective as of December 19, 2023 and shall terminate three (3) years from that date, unless sooner terminated by either Party. The Parties may renew this Agreement upon mutual consent. Any extension of the term of this Agreement shall be in writing and signed by both Parties. B. Either Party may terminate this Agreement, with or without cause at any time, by giving the other Party thirty (30) days' written notice. C. Subject to the terms of this MOU, CBU shall waive application fees and offer City of Redlands employees the following tuition discounts: 1 Traditional Undergraduate On -Campus Pro rams, All students enrolled in a traditional on -campus undergraduate program shall be eligible to receive a twenty percent (20%) tuition discount; 2. Fully Asynchronous Online Undergraduate Degree Programs. All students enrolled in a fully online asynchronous format undergraduate program shall be eligible to receive a twenty percent (20%) tuition discount; and 3. :Graduate Programs. All students enrolled in a graduate program (including graduate or doctoral degree) delivered on -campus or online format shall be eligible to receive a twenty percent (20%) tuition discount. The tuition discount applies only to tuition, and no other fees (other than the application fee) will be discounted. The tuition discounts apply provided that student accounts remain current. The discounts may not be applied to the University's RN to BSN, MS in Physician Assistant Studies, MS in Speech Language Pathology or Doctor of Psychology programs or be combined with other discount offers or other institutional aid. D. The tuition discounts described herein shall remain in place for students in good standing who maintain continuous enrollment, regardless of their employment status with the City of 1 I:\omo\Agreements\California Baptist University Memorandum of Understanding FY22-0327.docx-ms Redlands or the dissolution of the partnership between CBU and the City of Redlands. Employees currently or previously enrolled at CBU may not seek retroactive discounts or scholarships for tuition or fees paid prior to verification of their eligibility. City of Redlands employees who complete one degree at CBU and wish to pursue another must be re -verified by the City of Redlands as an eligible employee. E. Students wishing to enroll at CBU will be required to apply for admission and be accepted in accordance with the CBU's existing admission requirements and processes. It is the sole responsibility of the City of Redlands employee to notify CBU of their intent to request the application fee waiver and scholarship. Failure to do so before the last day to add a class will result in ineligibility. F. CBU reserves the right to modify programs, price, offerings or curriculum at any time. G. Employees of City of Redlands may apply for Federal student loans the same as other students attending classes at CBU. H. The City of Redlands will incur no financial obligation to CBU other than those it may voluntarily assume in connection with tuition reimbursement directly to the employees who enroll as students at CBU. Students will otherwise be personally responsible to CBU for payment of fees and tuition. I. Policies stated in the University Catalog and Student Handbook shall apply to City of Redlands employees. J. CBU shall defend, indemnify, and hold the City of Redlands, its officers, agents and employees 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, loss expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent or intentional acts, errors or omissions of CBU, its officers, agents or employees. K. The City of Redlands shall defend, indemnify, and hold CBU, 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, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent or intentional acts, errors or omissions of the City of Redlands, its officers, agents or employees. L. The City of Redlands shall provide opportunities for the University to market this tuition discount and related program offerings to their employees via emails, posters, brochures, information sessions, staff meetings, and other opportunities deemed appropriate. The City of Redlands is not responsible for guaranteeing that a certain number of employees avail themselves of this opportunity. M. Miscellaneous Provisions 2 C\cmo\Agreements\California Baptist University Memorandum of Understanding FY22-0327.docx-ms 1. Authority. The undersigned individuals hereby represent that they are authorized to execute this Agreement on behalf of their respective organizations, and each party represents that this Agreement constitutes a legal and binding obligation of the Parties. 2. Seyerabiiity. It is agreed that if any provision of this Agreement shall be determined to be void by a court of competent jurisdiction, then so long as such determination shall not affect any other material provisions of this Agreement and continue to allow this Agreement to be performed in the reasonable expectations of both Parties, then this Agreement and all such other provisions shall remain in full force and effect. 3. Notices. Any notice required or permitted to be provided under this Agreement shall be in writing and shall be deemed to have been duly given if mailed via first class mail, or by a reputable overnight delivery service, or by personal delivery, and directed to the address of such Party set forth below: CITY OF REDLANDS CONTACT INFORMATION: City of Redlands 35 Cajon St. Suite 200 Redlands, CA 92373 Attn: Janice McConnell Assistant City Manager Tel: (909) 798-7514 CBU CONTACT INFORMATION4 California Baptist University 10370 Hemet Street Riverside, CA 92503 Attn: Ron Hawkins Director of Business and Educational Partnerships Enrollment Services Tel: (951) 343-5230 Email: rhawkins@calbaptist.edu 4. Complete -Agreement. This Agreement represents the Parties' final and complete agreement, and this Agreement shall supersede all other understandings, discussion and/or agreements between the Parties with regard to the subject matter in the Agreement. 5. Goveini Jaw. This Agreement shall be construed in accordance with the laws of the State of California and in effect at the time of the execution of this Agreement. 6. Counterparts. The Parties agree that separate copies of this Agreement be signed by each of the Parties to the Agreement and these copies will have the same force and effect as if the original had been signed by all Parties. END — SIGNATURE PAGE FOLLOWS 3 I:\cmo\Agreements\California Baptist University Memorandum of Understanding FY22-0327.docx-ms IN WITNESS WHEREOF, the Parties have executed this Agreement effective as of the Effective Date. CALIFORNIA BAPTIST UNIVERSITY Mark Howe CFO/Senior Vice President for Finance and Administration 4 I_\cma\Agreements\California Baptist University Memorandum of Understanding FY22-0327.docx-ms