HomeMy WebLinkAbout2007-041 Facilities Agrmt - Darex Ice Rink
FACILITIES AGREEMENT
SOUTHERN OREGON UNIVERSITY
THIS AGREEMENT is entered into by and between the State of Oregon, acting by and through
the State Board of Higher Education for Southern Oregon University, hereinafter
~ ~ UNIVERSITY I , , and Ashland Parks and Recreation Department, hereinafter
"SKATING'I.
WHEREAS, the UNIVERSITY needs additional instruction and facilities for skating classes;
WHEREAS, SKATING is interested in providing the Darex Family Ice Skating Rink and
instruction for SOU students;
NOW THEREFORE, the parties agree to jointly undertake a program for Winter term 2007,
whereby instruction in HPE Beginning Ice Skating and Beginning Hockey Skating will be
offered for academic credit to duly registered students at the UNIVERSITY. The terms of this
agreement may be modified, amended, or extended by written agreement of both parties.
1. THE UNIVERSITY SHALL;
a. Be responsible for registration procedures and collection of $99 fee for its students for
enrollment in either of the seven week classes commencing January 9,2007 and
ending February 2007.
b. Provide program supervision, with grades being given by UNIVERSITY instructors
for credit earned.
c. Provide payment to SKATING at the rate of $99 per student, based on the final
enrollment counts of the term. Payment shall be made following the fourth week of
classes. For students who withdraw from the class within the first four weeks ofthe
course, SKATING will be paid fees in accordance with UNIVERSITY'S fee
forfeiture policy.
d. Save, defend, indemnify, and hold harmless the Ashland Parks and Recreation
Department and their officers, agents, employees, and members from all claims, suits,
and actions of whatsoever nature resulting from or arising out of the activities of
UNIVERSITY or its subcontractors agents, or employees acting under this contract.
e. UNIVERSITY shall not engage in discrimination in admission or treatment of any
person in the program covered by this agreement.
SKATING SHALL;
a. Provide on-site instruction for the 7 week class and cooperate with the UNIVERSITY
in keeping records of attendance and progress of students developing skills in the
skating class. Classes will be held concurrently on Tuesdays and Thursdays from
2:30pm to 3:50 p.m.
b. Save, defend, indemnify, and hold harmless the State of Oregon acting by and through
the State Board of Higher Education on behalf of Southern Oregon University and
their officers, agents, employees, and members from all claims, suits, and actions of
whatsoever nature resulting from or arising out of the activities of SKATING or its
subcontractors agents, or employees acting under this contract.
c. SKATING shall not engage in discrimination in admission or treatment of any person
in the program covered by this agreement.
2. The UNIVERSITY and SKATING agree that the Contractors relationship to the
institution at all times and for all purposes under this contract is to be that of independent
contractor. The Contractor is not an officer, employee, or agent of the State of Oregon as
those terms are used in ORS 30.265.
3. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE
PARTIES. THERE ARE NO UNDERSTANDINGS, AGREEMENTS OR
REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN
REGARDING THIS AGREEMENT. NO AMENDMENT, CONSENT, OR WAIVER
OF TERMS OF THIS AGREEMENT SHALL BIND EITHER PARTY UNLESS IN
WRITING AND SIGNED BY ALL PARTIES. ANY SUCH AMENDMENT,
CONSENT OR WAIVER SHALL BE EFFECTIVE ONLY IN THE SPECIFIC
INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. CONTRACTOR BY THE
SIGNATURES BELOW OF ITS AUTHORIZED REPRESENTATIVE,
ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE AGREEMENT AND
THE CONTRACTOR AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year
of the last signature appearing below:
City of Ashland Parks and Recreation Dept.
{-:' Y---
Don Robertson
Director
(( f (6/
Date
STATE OF OREGON ACTING BY AND
THROUGH THE STATE BOARD OF
HIGHER EDUCATION ON BEHALF OF
SOUTHE OREGON UNIVERSITY
~ 2/6 07
Elizabeth Sunitsch
SOU Contracts Officer
Date
cc: Dr. Donna Mills
Susan DeRosia