HomeMy WebLinkAboutVIII-15 Authorize Signature - Memorandum of Understanding with Rasmussen College LLCCity Council Memorandum
To:Mayor Fasbender & City Councilmembers
From:Kelly Murtaugh, Assistant City Administrator/HR Director
Date:June 16, 2025
Item:Authorize signature on Rasmussen University Partnership Agreement
Council Action Requested:
Authorize signature on Rasmussen University Partnership agreement.
Background Information:
An opportunity to provide access to educational programs at Rasmussen University at a reduced
rate was presented to the Police Department as a result of Sgt Beuch’s relationship with the
institution. The discussion led to an expansion of the prospective partnership to all City
employees and their dependents.
This agreement would complement the tuition reimbursement benefit for employees. The
agreement allows the city to promote the partnership to its employees and gives Rasmussen
University staff onsite access to employees a few times each year to talk about educational
programs available.
Financial Impact:
NA
Advisory Commission Discussion:
N/A
Council Committee Discussion:
N/A
Attachments:
Rasmussen University Partnership Agreement
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MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (“MOU”) is entered into by and between Rasmussen College, LLC, with an address at 303 West 3rd Avenue, Ranson, West Virginia 25438 (“College”),and
City of Hastings, with an address at 101 4th Street East, Hastings, Minnesota 55033 (“Company”). This MOU will become effective upon the date last signed between College and
Company (the “Effective Date”).
1.Benefits Provided by College.
a.Corporate Grant.College will provide a grant in an amount equal to twenty percent(20%) of the charges for tuition in effect as of the date of enrollment (“CorporateGrant”) to each of Company’s employees (“Employee(s)”) who, subsequent to the
Effective Date, are admitted to and enrolled at College in a degree,diploma,or
certificate, program (collectively “Program”) excluding any doctorate-level Program,Individual Progress, and any other Programs which College may in its sole discretionfrom time to time deem excluded from the Corporate Grant (together, “CollegeServices”). College will communicate to Company the College Services available
under this MOU prior to the execution of any Company Contributions as detailed in
Section 2 of this MOU.
b.Timing of Services. Employees admitted and enrolled in any College Services priorto the Effective Date will begin receiving the Corporate Grant at the start of theEmployee’s next academic term/session. The Corporate Grant will not be applied
retroactively or to any current term. No Employee will receive any credit, refund or
proration for the Corporate Grant for any academic term prior to or in progress as ofthe Effective Date.
c.Application of Corporate Grant. The Corporate Grant may be applied only to tuitionand will not apply to any general or programmatic fees. College may change its tuition
rates at any time in its sole discretion. Each Corporate Grant will be calculated based
on the most current tuition.
d.Academic Control. College is solely responsible for, and maintains all discretion withrespect to, the nature of the College Services, including the offering, substitution, orcancellation of any Program and its academic and administrative requirements, which
College may change or modify at any time in its sole discretion. All Employees who
are admitted to and enrolled in College Services must comply with all academic andadministrative requirements of College as stipulated in the Course Catalog, program-specific handbook, student code of conduct, or elsewhere.
e.Student Records. Company acknowledges and agrees that College is solely
responsible for maintenance and management of “education records” as defined by,
and pursuant to, the Family Education Rights and Privacy Act of 1974, and any otherapplicable federal and state laws and regulations relating to education records.
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2.Company Contributions.
a. Updates. Company agrees to work cooperatively with College to update theseCompany Contributions from time to time as the College Services change.
b.Communications to Employees. At a minimum, Company will send a quarterlycommunication to its Employees, in a manner and format determined by the Company,
that explains the availability of the Corporate Grant, based on information provided
by College. All communications to Company’s Employees will be subject to College’sprior review and written approval prior to dispatch, and must include the College’sname and logo. College will provide marketing collateral to Company forcommunications.
c.Events. In an effort to build Employee awareness of the Corporate Grant, Company
agrees to host an informational presentation by College to Company’s Employeestwice per year, on a schedule and in a manner and format mutually agreed upon by theCollege and Company. The informational presentation(s) may include, but will not belimited to, reserved space for College at a benefit fair, tabling event at Company
office(s) or event(s), informational webinars, or conference calls.
d.Additional Contributions. Any Company Contributions in addition to the foregoingmay be agreed to from time to time between the parties in writing.
3.Terms and Conditions.
a.Grant of License - College.College grants to Company a limited, nonexclusive,
revocable, royalty-free license to use College’s names, logos, service marks and
trademarks in Company’s marketing and other promotional materials,solely forpurpose of performing under this MOU and subject to College’s prior written approvalof each use.The license granted by College to Company will terminate upon thetermination of this MOU. Except as stated herein, no other rights or licenses with
respect to any intellectual property are granted under this MOU.
b.Grant of License – Company. Company grants to College a limited, non-exclusive,revocable, royalty-free license to use Company’s names, logos, service marks andtrademarks in College’s marketing and other promotional materials,solely for purposeof performing under this MOU and subject to Company’s prior written approval of
each use.The license granted by Company to College will terminate upon the
termination of this MOU. Except as stated herein, no other rights or licenses withrespect to any intellectual property are granted under this MOU.
c.Limitation of Liability. In no event will either party be liable to the other for anyindirect, incidental, exemplary, special or consequential damages whatsoever
(including damages for loss of profits, income or saving, or interruption of business)
even if advised of the possibility of such damage.
d.Confidentiality. For the purposes of this MOU, “Confidential Information” will meanall information concerning either party or any of its businesses, assets, products,services, employees, or customers (including students), or of any third party that is in
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the possession of the receiving party, that is designated as confidential or proprietary
or that is customarily or legally required to be protected from public disclosure,
regardless of whether such information is provided orally, in writing or other tangible form, via email or in electronic form, or is obtained through visual observation. The parties acknowledge that all Confidential Information that it receives from the other party is confidential and proprietary. The receiving party will use Confidential
Information only to the extent necessary to perform the services set forth herein and
for no other purpose whatsoever. The receiving party will not disclose or permit access to Confidential Information to any third party without the written consent of the disclosing party, and subject to confidentiality obligations no less stringent than those set forth herein. All Confidential Information will be returned or destroyed promptly
upon termination of the MOU or upon request.
e.Term and Termination. This MOU will commence on the Effective Date and continueuntil terminated as provided for herein (the “Term”). Either party may terminate thisMOU, with or without cause, at any time, upon at least thirty (30) days prior writtennotice to the other party. Either party may terminate this MOU immediately upon the
other party’s material breach of the terms herein.Upon the termination effective date
of this MOU, Employees who continue to meet satisfactory academic progress atCollege, and who otherwise meet all other programmatic requirements and Collegeguidelines, may remain enrolled at College and finish their academic program at thethen applicable tuition and fee rate as listed in the College Catalog.
f.Disclaimer. Neither party makes any warranty of any kind, whether express, implied,
statutory or otherwise, including without limitation warranties of merchantability orfitness for a particular purpose.
g.Additional Terms. Nothing in this MOU will be construed as preventing either partyfrom entering into an agreement with other third parties for similar purpose(s) or
services as set forth herein.Neither party may assign this MOU without the prior
written consent of the other Party, which will not be unreasonably withheld.ThisMOUwillbe governed by and construed in accordance with Illinois law, withoutregard to the conflicts of law provisions thereof to the extent such principles or ruleswould require or permit the application of the laws of another jurisdiction. This MOU
is the entire agreement between the parties on the subject matter herein, superseding
all prior oral or written, agreements and communications. This MOU may only beamended, supplemented or changed in writing, signed by each party. The terminationof this MOU will not release either party from any liabilities or obligations hereinwhichremain to be performed or by their nature would be intended to be applicable
following any such termination. At no time will either party hold itself out to be the
agent, employee, lessee, sublessee, partner, or joint venturer of the other party. Anyexternal communications or representations of the relationship created hereunder willbe referred to as an “alliance.” As such, the parties agree that they are dealing witheach other as independent contractors and this MOU does not create an agency,
partnership, joint venture, or employment relationship. This MOU and all conditions
and provisions hereof are intended for the sole and exclusive benefit of the parties andtheir respective successors and permitted assigns, and for the benefit of no otherperson. This MOU may be executed in multiple counterparts, each of which will bedeemed to be a duplicate of the original, but all of which together will constitute one
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and the same instrument.This MOU may be executed and delivered by facsimile or
other electronic signature, and any such signature will have the same force and effect
as the execution of an original.
IN WITNESS WHEREOF, the Parties have caused their duly authorized representatives to execute this Memorandum of Understanding as of the Effective Date.
Rasmussen College, LLC
By: ______________________________
Name: Dwayne Bertotto
Title: Senior Vice President and Chief Operating OfficerDate: May 9, 2025
City of Hastings
By: _______________________________ Name:Title: Date:
By: _______________________________ Name: Title: Date:
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