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4) FEES a) Agency Fee and Expenses. The fee to be paid by District for the services and materials to be supplied hereunder is: Two dollars and seventy cents ($2.70) per student contact hour, not to exceed 20,000 student contract hours or fifty four thousand dollars ($54,000)per fiscal year. Annual limits shall not be exceeded without the expressed written permission from either the Dean of Human Services & Technology Division or by the Associate Dean, Criminal Justice Academies. I. Invoices. The Agency shall invoice the District at the conclusion of each course, supplying mutually acceptable documentation of student contact hours for each course, pursuant to section 2d above. II. Tuition. It is mutually agreed that tuition fees will be deducted from the total dollar amount per student contact hours paid to Agency by District. 5) TERMS AND CONDITIONS a) Facilities. Agency and District agree that the course shall be held at facilities that are clearly identified as being open to the general public. (Title 5, Section 58051.5) b) Open Enrollment. District and Agency agree that enrollment in the course must be open to any person who has been admitted to the college and has met any applicable prerequisites. (Title 5, Sections 51006 and 59106) The District's policy on open enrollment is published in the college catalogue and schedule of classes (Title 5, Section 51006), along with a description of the course and information about whether the course is offered for credit and is transferable. (Title 5, Section 55005) c) Support Services for Students. Both Agency and District shall ensure that ancillary and support services are provided for the students (e.g. Counseling and Guidance, and Placement Assistance). d) Indemnification. The District shall defend, indemnify and hold Agency harmless from and against any and all liability, loss, expense, 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, reasonable attorneys' fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of the District, its officers, agents, employees, Students, or District Instructors. Agency shall defend, indemnify and hold the District harmless from and against any and all liability, loss, expense, 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, reasonable attorneys' fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of Agency, its officers, agents, or employees. City Council 19 — 6 5/3/2022 SAC Contract#22-036 Page 4 of 7 SAPD ISA Renewal w CJA ISA 2022 (Updated)(188950.5).docx2