THE ARIZONA BOARD OF REGENTS, ARIZONA STATE UNIVERSITY AND
CITY OF TEMPE, HUMAN RESOURCES DEPARTMENT
This MEMORANDUM OF UNDERSTANDING (“MOU”) is made and entered into this
day of , 2020 by and between THE CITY OF TEMPE (“CITY”), acting by and through its HUMAN RESOURCES DEPARTMENT (“TEMPE HR”) and THE ARIZONA BOARD OF REGENTS (“ABOR”) on behalf of ARIZONA STATE UNIVERSITY (“ASU”).
A. THE PROGRAM:
1. The purpose of this MOU is to create a pathway for active employees of the CITY and its departments (“Eligible Employees”) to pursue and obtain undergraduate and graduate level degrees at ASU, which include degrees in Law and graduate level (Master’s) degrees (the “Program”).
2. Program degree courses include campus-based immersion and/or digital (on-line) degree completion programs of study.
3. Eligible Employees who meet ASU’s admission standards will receive scholarship aid equal to 10% of the base tuition rate for a Program degree of study, provided that the Eligible Employee is continuously employed by the CITY and enrolled at ASU during the time that the Program is in effect (the “Program Tuition”).
4. The Program Tuition is renewable for each term that the Eligible Employee: (i) remains in an approved ASU course of degree study within the Program; (ii) is employed by the CITY; and (iii) meets the minimum standards required by applicable ASU Graduate Policies and Procedures, including (a) continuous enrollment, (b) maintaining satisfactory academic progress, and (c) time to degree limits.
5. Eligible Employees who would like to take advantage of the Program must provide proof of CITY employment to ASU.
6. All students in the Program are subject to ASU’s normal academic, student, tuition, financial aid and other related policies.
7. This MOU is subject at all times to the applicable State and Federal laws and regulations, and to the policies of the Arizona Board of Regents (ABOR) and ASU.
8. The Program will officially begin on August 20, 2020 for the Fall 2020 Semester and will continue through the end of the Spring Semester, 2023, unless this MOU is modified or terminated earlier as set forth below.
9. The Program Tuition does not include “Undergraduate College Fees” or “Program Fees,” as that term is defined by ABOR (see ABOR Policy 4-101, Tuition and Fee Definitions available at: https://public.azregents.edu/Policy%20Manual/4-101- Tuition%20and%20Fee%20Definitions.pdf) as well as other expenses such as library and laboratory fees, books, supplies and other special course fees, which may be applicable to the Program and charged to the Eligible Employee as a direct cost of education.
10. Eligible Employees who are admitted and enrolled as ASU students will be solely responsible for payment of all Program Tuition and related Program Fees and expenses.
11. Eligible Employees will also be eligible for all forms of financial aid on the same basis that ASU makes financial aid available to other students.
B. ASU’S RESPONSIBILITIES:
1. ASU will provide institutional and academic guidance, transcript evaluation and oversight for the Program.
2. ASU will perform all administrative services that are related to the official student services component of the Program (for example, administrative services relating to admission, enrollment and academic advising).
3. ASU will develop, maintain and operate the Program.
4. ASU will make all decisions regarding completed student admission applications to ASU and registration criteria of Eligible Employees.
5. ASU will provide a link to its website to assist Eligible Employees with application and enrollment.
6. ASU will provide information to TEMPE HR to assist its promotion of the Program.
7. ASU will designate a liaison to work with TEMPE HR on the administrative aspects of the Program.
8. ASU will not share non-directory personally identifiable student information (as defined by FERPA and ASU policy) with the CITY without the student’s written consent.
C. TEMPE HR RESPONSIBILITIES:
1. TEMPE HR will announce the availability of the Program and communicate and promote the benefits of the Program to its Eligible Employees.
2. TEMPE HR will establish a link between its internet site and ASU’s website for Eligible Employees to self-identify and apply to the Program.
3. TEMPE HR will designate a liaison to work with ASU on the administrative aspects of the Program.
4. TEMPE HR will include information about ASU opportunities on the CITY’S internal human resources website (https://www.tempe.gov/government/internal- services/human-resources) for promotion of the Program, as appropriate.
D. GENERAL TERMS:
1. Effective Date and Term. This MOU shall become effective upon execution by all of the parties as of the date first written above (the “Effective Date”) and will expire on May 8, 2023 or at the conclusion of the Spring 2023 Semester.
2. Announcements; Promotion. The parties will announce and promote the Program as part of their employee outreach and public relations efforts. Neither party will issue a press release, public statement, advertisement or announcement regarding this MOU or the Program, or use the logos or trademarks of the other party, without the prior input and consent of the other party. Use of either party’s marks must comply with the owning party’s trademark standards and guidelines, including using the “®” indication of a registered trademark where applicable.
3. Student Educational Records. ASU and the CITY recognize that certain student educational records may be protected by the federal Family Educational Rights and Privacy Act and its implementing regulations (FERPA) (20 U.S.C. § 1232g). To the extent that it obtains records that are subject to FERPA, ASU and the CITY each agree to comply with FERPA.
4. Modification. Modifications to this MOU may be made by written modification, signed and dated by authorized officials, prior to any changes taking effect.
5. Termination. Either party, upon ninety (90) days written notice, may terminate this MOU for convenience before the date of expiration, or upon thirty (30) days’ written notice for breach or default of the other party. Eligible Employees enrolled in the Program at the time of termination will be permitted to complete their course of study provided that eligibility is maintained as set forth in Section A., above. Either party may cancel the Program at any time for insufficient enrollment or any other reason.
6. Notices. All notices, requests, demands and other communications hereunder will be given in writing and will be: (a) personally delivered; (b) sent via email or other electronic means; or (c) sent to the parties at their respective addresses indicated herein by registered or certified U.S. mail, return receipt requested and postage prepaid, or by commercial overnight courier service. The respective addresses to be used for all such notices, demands or requests are as follows:
If to CITY: If to ASU:
Human Resources Department Arizona State University
City of Tempe Office of The University Provost
31 E. 5th St. P.O. Box 877805
Tempe, AZ 85281 Tempe, Arizona 85287-7805
Attn: Andrew Ching Attn: Mark Searle, University Provost Email: firstname.lastname@example.org Email: email@example.com
7. Named Representative. Each party is naming a liaison who is authorized to act on its behalf in making or obtaining decisions regarding this MOU. Such named liaison may be changed from time-to-time by giving the other party written notice.
(a) ASU. ASU’s liaison is Kent Hopkins, Vice Pres Enroll Mgmt and Services.
(b) CITY. CITY’s liaison is the Human Resources Director, Human Resources Department.
8. No Third-Party Beneficiaries. This MOU is not intended to benefit any third party, nor shall any person who is not now or in the future a party hereto be entitled to enforce any of the rights or obligations of a party under this MOU.
9. Force Majeure. Neither party will be liable for failure to perform any obligation under this Agreement if such failure is directly caused by a Force Majeure Event. A “Force Majeure Event” shall mean an event or circumstance that is beyond the reasonable control and without the fault or negligence of the party impacted, and that could not have been prevented by the reasonable diligence of the party. Without in any way limiting the foregoing, a Force Majeure Event may include, but is not restricted to, acts of God or of a public enemy, acts of the Government in either its sovereign or contractual capacity, war, riots, fires, floods, epidemics or pandemics, mass health issues or disease, quarantine restrictions, strikes or labor difficulties, civil tumult, freight embargoes, natural disasters, unusually severe weather, a failure or disruption of utilities or critical electronic systems, acts of terrorism, mass shootings or other emergencies that may disrupt the operations of a campus or facility.
10. Nondiscrimination. The parties will comply with all applicable state and federal laws, rules, regulations and executive orders governing equal employment opportunity, immigration and nondiscrimination, including the Americans with Disabilities Act.
11. Conflict of Interest. Each party’s participation in this MOU is subject to Arizona Revised Statutes (“A.R.S.”) Section 38-511, which provides that this MOU may be
cancelled if any person significantly involved in initiating, negotiating, securing, drafting or creating this MOU on behalf of ASU or the CITY is, at any time while this MOU or any extension thereof is in effect, an employee or agent of the other party to this MOU in any capacity or a consultant to any other party with respect to the subject matter of this MOU.
12. Notice of Arbitration Statutes. As required by A.R.S. § 12-1518, the parties agree to make use of arbitration in disputes that are subject to mandatory arbitration pursuant to
A.R.S. § 12-133.
13. Failure of Legislature to Appropriate. In accordance with A.R.S. § 35-154, if either party’s performance under this MOU depends upon the appropriation of funds by the Arizona Legislature, and if the Legislature fails to appropriate the funds necessary for performance, then the affected party may provide written notice of this to the other party and cancel this MOU without further obligation. Appropriation is a legislative act and is beyond the control of either party.
14. Responsibility. Each party will be responsible for the negligence, acts and omissions of its employees and agents when acting under such party’s direction and supervision.
15. Entire Agreement. This MOU embodies the entire understanding of the parties and supersedes any other agreement or understanding between the parties relating to the subject matter.
16. Choice of Law. This MOU shall be governed by and construed in accordance with the laws of the State of Arizona. Jurisdiction for any claim or dispute shall be Maricopa County, Arizona.
17. Counterparts; Signatures. This MOU may be executed in duplicate counterparts, each of which shall be deemed an original and both of which together shall constitute but one and the same instrument. Counterparts may be executed in either original or faxed form, and the parties hereby adopt as original any signatures received via facsimile or pdf.
REMAINDER OF PAGE LEFT INTENTIONALLY BLANK
IN WITNESS WHEREOF, the parties hereto have executed this MOU as of the last written date below.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF TEMPE,
ARIZONA, this day of , 20 .
Corey D. Woods, Mayor
Carla R. Reece, City Clerk
APPROVED AS TO FORM:
Judith R. Baumann, City Attorney
THE ARIZONA BOARD OF REGENTS, ARIZONA STATE UNIVERSITY
By: _ Mark Searle