CM-2022-319 - 12/16/2022
PENDING SIGNATURE FROM
OTHER PARTY
AUSTIN COMMUNITY COLLEGE DISTRICT CONTINUING EDUCATION DIVISION
MEMORANDUM OF AGREEMENT
City of Round Rock Fire Department("RRFD") and Austin Community College District
("ACC")enter into this Agreement to offer Continuing Education courses completed at Round
Rock Fire Department. The purpose is to assist RRFD in the development and implementation of
a training program that provides RRFD cadets with opportunities to pursue higher education and
receive college credit for instruction completed. The Parties agree to have ACC offer training in
the fields of study identified below on the following terms:
I. Party Responsibilities
RRFD Agrees To:
1. Provide classroom space as stated in Exhibit A.
2. Provide in a timely manner the information needed to enroll cadets into ACC's student
system to ensure official enrollment in the CE department.
3. Provide instructors that meet the qualification standards of ACC and the Texas Higher
Education Coordinating Board and the Southern Association of College and Schools.
4. Pay the salaries,benefits and payroll taxes of RRFD provided instructors designated and
servings as adjunct faculty under this Agreement.
5. Pay for classroom costs associated with the instruction of courses
6. Require Cadets to adhere to the same enrollment standards established for all Texas
institutions of higher education.
7. Be responsible for all costs associated with the administration of the Texas Commission
on Fire Protection ("TCFP")testing.
8. Document RRFD Cadets under consideration for ACC course credit coinciding with
ACC courses under Exhibit A.
9. Require Cadets to enroll in the credit course number 1338, Fire Protection Systems .
ACC Agrees To:
1. Register Cadets and not charge a fee to enroll RRFD Cadets undergoing Cadet Academy
instruction as ACC Continuing Education students in the courses identified by the parties
in Exhibit A.
2. Review and approve the curriculum for courses to be taught by RRFD instructors,
maintain related syllabi on file, and approve and maintain the instructor records
associated with Cadet Academy coursework.
3. Evaluate instructors during each class and provide evaluation results to RRFD.
4. Provide Cadets with access to ACC resources to help them fulfill ACC entrance
requirements.
5. Provide grade rosters to RRFD instructors. Upon receipt of grade rosters, CE will issue
certificates to RRFD Cadets who have completed the enrollment process,passed the
sections of the cadet training identified as coinciding with ACC Firefighter Certification
courses and passed the TCFP test.
6. Provide opportunities to pursue higher education and receive college credit for instruction
completed.
7. Agrees to convert CE certificates into equivalent college credit hours after the RRFD
cadet has completed the requirements for establishing a college credit transcript. A letter
grade will be posted on the Cadet's CE transcript. Courses completed under this
agreement will fulfill degree requirements for an AAS degree in Fire Protection
N,2-0:92 —S q
01185351,1 Page 1 of 6
Technology.
8. Provide the curriculum through its Fire Protection Technology Program for the Fire
Protection Systems course, maintain the syllabus on file, and approve and maintain the
instructor records associated with the coursework.
9. Enroll Cadets in Fire Protection Systems course at no cost to the Cadets or RRFD.
10. Pay any administrative costs associated with the matriculation of the RRFD Cadets in the
Continuing Education courses.
IL Term
This Agreement has an initial term of one year, commencing on the Effective Date,unless
terminated earlier as described below. At the end of the initial term(and any subsequent
extended terms)this Agreement may be extended by mutual agreement of the Parties,
documented in a written amendment or extension in accordance with Section XIV below.
III. Termination
I. Either Party may terminate this Agreement,without cause, upon thirty(30) days written
notice to the other. In the event of such termination, any course in process will be
completed.
2. If either party is in default of performance of any material obligation under this
Agreement,the party that is not in default may give written notice of the default to the
other party and if the party notified fails to correct the default within thirty(30) days or
within such period fails to satisfy the party giving notice that the default does not exist,
the party giving notice may terminate this Agreement upon expiration of the thirty(30)
day period.
3. The termination of this Agreement shall not affect any right or remedy that has accrued to
either party at the time of termination.
4. Upon termination of this Agreement (either through this section, or by expiration of the
term with no extension), ACC shall deliver any keys, access badges, equipment,or other
property owned by RRFD to the appropriate representative.
IV. INDEMNIFICATION
TO THE EXTENT PERMITTED BY LAW,RRFD SHALL INDEMNIFY AND HOLD
HARMLESS ACC, ITS RESPECTIVE TRUSTEES, OFFICERS,EMPLOYEES,
REPRESENTATIVES,AND AGENTS, FROM AND AGAINST ALL CLAIMS AND
LIABILITY,DEMANDS,CAUSES OF ACTION,INCLUDING, BUT NOT LIMITED
TO, ATTORNEYS FEES, COSTS,JUDGMENTS FOR TAXES,LICENSE FEES,
EXCISES,FINES, AND PENALTIES; FOR SUPPLIES, SERVICES,OR
MERCHANDISE PURCHASED BY RRFD, FOR WAGES AND FRINGE BENEFITS OF
RRFD'S EMPLOYEES; AND FOR INJURY OR DEATH OF ANY PERSON OR
DAMAGE TO ANY PERSON OR PROPERTY THAT RESULTS DIRECTLY OR
INDIRECTLY FROM THE ERROR, OMISSION,OR NEGLIGENT OR INTENTIONAL
ACTS OR OMISSIONS OF RRFD OR ITS OFFICERS,AGENTS,EMPLOYEES OR
SUBCONTRACTORS IN THE PERFORMANCE OF THIS AGREEMENT WHETHER
011853513 Page 2 of 6
BROUGHT IN A COURT OF LAW OR EQUITY OR ADMINISTRATIVE
PROCEEDING. TO THE EXTENT PERMITTED BY LAW,ACC SHALL INDEMNIFY
AND HOLD HARMLESS RRFD ITS RESPECTIVE COMMISSIONERS OFFICERS
EMPLOYEES REPRESENTATIVES AND AGENTS FROM AND AGAINST ALL
CLAIMS AND LIABILITY DEMANDS CAUSES OF ACTION INCLUDING BUT
NOT LIMITED TO ATTORNEYS FEES COSTS JUDGMENTS FOR TAXES
LICENSE FEES EXCISES FINESAND PENALTIES• FOR SUPPLIES SERVICES
OR MERCHANDISE PURCHASED BY ACC; FOR WAGES AND FRINGE BENEFITS
OF ACC'S EMPLOYEES: AND FOR INJURY OR DEATH OF ANY PERSON OR
DAMAGE TO ANY PERSON OR PROPERTY THAT RESULTS DIRECTLY OR
INDIRECTLY FROM THE ERROR OMISSION OR NEGLIGENT OR INTENTIONAL
ACTS OR OMISSIONS OF ACC OR ITS OFFICERS AGENTS EMPLOYEES OR
SUBCONTRACTORS IN THE PERFORMANCE OF THIS AGREEMENT WHETHER
BROUGHT IN A COURT OF LAW OR EQUITY OR ADMINISTRATIVE
PROCEEDING. THESE OBLIGATIONS SHALL SURVIVE TERMINATION OF THIS
AGREEMENT.
V. Governing Law
The Agreement and all of the rights and obligations of the Parties hereto and all of the terms and
conditions hereof will be construed, interpreted, and applied in accordance with and governed by
and enforced under the laws of the State of Texas,without giving effect to its conflict of laws
provision. Any action brought to enforce any provision of this Agreement shall be brought in a
court of competent jurisdiction in Travis County,Texas,
VI. ACC Marks
All name, logos, and symbols of ACC ("ACC Marks")are owned by ACC. No displays or other
advertising may state or imply ACC endorsement. Any use of ACC marks must have prior
written approval of ACC's Vice President, Communications and Marketing or designee.
VII. Notice
1. Any and all notices, demands, or other communications required or desired to be given
hereunder by any Party shall be in writing and shall be validly given or made to another
Party if personally served, or if deposited in the United States mail,certified or
registered,postage prepaid, return receipt requested.
2. If such notice or demand is served personally, notice shall be deemed made at the time of
such personal service.
3. If such notice, demand, or other communication is given by mail, such notice shall be
conclusively deemed given five days after deposit thereof in the United States mail
addressed to the Party to whom such notice, demand, or other communication is to be
given at the addresses listed in Exhibit A.
4. Any Party hereto may change its address for the purposes of this paragraph by written
notice given in the manner provided above.
IN 1 esus 1;1 Page 3 of 6
VIII. Dispute Resolution
The Parties shall attempt to resolve any controversy or claim arising from any contractual matter
by non-binding mediation prior to initiating litigation. Within 30 days of a request by either
Party to proceed to mediation, the Parties will agree on a mediator and shall have scheduled the
mediation for a mutually convenient date and time. In the absence of agreement of the contrary,
each Party shall share equally in the costs assigned thereto. If the mediation is unsuccessful,
either Party may initiate litigation in an appropriate court.
IX. Assignment
Neither Party may assign this Agreement, in whole or in part, without the prior written consent
of the other Party.
X. Entire Agreement and Amendments
This Agreement supersedes all prior agreements, written or oral, between the Parties and
constitutes the entire Agreement and understanding between the Parties with respect to the
subject matter thereof. The Agreement and each of its provisions will be binding upon the
Parties and may not be waived, modified, amended,or altered except by a written document
signed by both Parties.
XI. Captions
The captions of sections and subsections in this Agreement are for convenience only and will not
be considered or referred to in resolving questions of interpretation or construction.
XII. Force Majeure
Neither Party will be liable or responsible to the other for any loss or damage or for any delays or
failure to perform due to causes beyond its reasonable control including,but not limited to, acts
of God, strikes, epidemics, war, riots, flood, fire, sabotage, or any other circumstances of like
character("force majeure occurrence").
XIII. Severability
If any provision of this Agreement is held by a court of law to be illegal, invalid, or
unenforceable, (a)that provision shall be deemed amended to achieve as nearly as possible the
same economic effect as the original provision, and(b)the legality, validity, and enforceability
of the remaining provisions or this Agreement shall not be affected or impaired thereby.
XIV. Effective Date
This Agreement is effective as of the last date of execution below.
01185351,1 Page 4 of 6
XV. Representations and Execution
By affixing their signatures below, each Party representative avers that he or she has all
necessary power and has received all necessary approvals to execute and deliver the Agreement,
and the individual executing the Agreement on behalf of each Party has been duly authorized to
act for and bind that Party.
City of Round Rock Austin Community College
221 East Main Street Continuing Education division
Round Rock,Texas 78664 11928 Stonehollow Dr.
Austin,Texas 78752
BY: 4AWl By:
(Authorize ignature)
Laurie Hadley Neil Vickers
City Manager EVP, Finance &Administration
Date Signed Date Signed
D1185351;1 Page 5 of 6
EXHIBIT A
CONTACT DETAILS
Dates,Time,Location and Duration of Services Varies throughout the year
First Party: Person designated to manage and Nancy Laudenslager
coordinate these events/services: Email: nlaudens@austincc.edu
4
Nathan Zaleski
Email:nathan.zaleski austincc.edu _
Second Party: Person designated to manage and Gunther von Seltmann
coordinate these events/services: City of Round Rock Fire Department
Training Division Battalion Chief
Email: FvonseltmannAroundrocktexas.g y
Lisa Pierce-Jones
City of Round Rock Human Resources
Department
Assistant Director
Email: 1 ierceiones( roundr_oc_ktexas. ov
i Contract Inquiries: Delphine Gonzales
Email:dgonzal2@austincc.edu
Nancy Moon
Email: nmoon@austincc.edu
COURSE DETAILS
Classroom instruction:
RRFD pays for instructors, textbooks,and other instructional materials.
Meedne Space:
Round Rock Public Safety Training Center,2801 North Mays St. Round Rock,TX 78665
Class Size Limit:
25
SERVICE COST
Service Cost:
No service cost.
TOTAL
CLASS NAME CONTACT
HOURS
FIRS 100 1/1401 Firefighter Certification I 128 hours
FIRS 1007/1407 Firefighter Certification II 144 hours
FIRS 10 13/13 13 Firefighter Certification III 80 hours
FIRS 10 19/13 19 Firefighter Certification IV 48 hours
FIRS 1023/1423 Firefighter Certification V 80 hours
FIRS 1029/1429 Firefighter Certification VI 48 hours
FIRS 1033/1433 Firefi hter Certification VII 64 hours
College credit course;
FIRT 1338 Fire Protection Systems,48 hours.
Continuing Education courses may be converted to college credit after successful completion of the Cadet
Academy. It is incumbent upon each Cadet to initiate the conversion process with ACC.
O1185351:1 Page 6 of 6
City of Round Rock
ROUNO ROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider executing a Memorandum of Agreement with Austin Community College
(ACC)for ACC to offer continuing education courses at Round Rock Fire
Department for cadets.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 12/16/2022
Dept Director: Valerie Francois
Cost:
Indexes:
Attachments: Fire Safety Memorandum of Agreement—Round Rock Fire Department 12 12 22
Department: Human Resources
Text of Legislative File CM-2022-319
City of Round Rock Fire Department("RRFD")and Austin Community College District("ACC')enter into this
Agreement to offer Continuing Education courses completed at Round Rock Fire Department.The purpose is to
assist RRFD in the development and implementation of a training program that provides RRFD cadets with
opportunities to pursue higher education and receive college credit for instruction competed.
Cost:RRFD pays for instructors,textbooks and other instructional materials.
Source of Funds: RRFD
City of Round Rock Page 1 of 1