HomeMy WebLinkAboutResolution 2021-034 Approving MOU with ASU to Establish a Tuition Discount Program for Town Employees MARANA RESOLUTION NO. 2021-034
RELATING TO PERSONNEL; APPROVING AND AUTHORIZING THE HUMAN
RESOURCES DIRECTOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING
BETWEEN THE TOWN AND THE ARIZONA BOARD OF REGENTS, ARIZONA
STATE UNIVERSITY ESTABLISHING A TUITION DISCOUNT PROGRAM FOR TOWN
EMPLOYEES
WHEREAS the Town of Marana has employees rendering valuable services; and
WHEREAS the establishment of a tuition discount program with Arizona State
University will provide employees with a tuition reduction; and
WHEREAS the Town Council finds that it is in the best interests of the Town
employees to have the benefit of a tuition reduction if employees choose to pursue a
degree through Arizona State University.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, ARIZONA approving the Memorandum of Understanding
between the Town and the Arizona Board of Regents, Arizona State University attached
to this Resolution as Exhibit A and authorizing the Human Resources Director to execute
it for and on behalf of the Town of Marana.
IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed
and authorized to undertake all other and further tasks required or beneficial to carry out
the terms, obligations, conditions and objectives of the agreement.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 6th day of April, 2021.
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Cherry L. La son, Town Clerk Jane rall, Town Attorney
Resolution No.2021-034 - 1 -
EXHIBIT A
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE ARIZONA BOARD OF REGENTS,ARIZONA STATE UNIVERSITY
AND
TOWN OF MARANA,HUMAN RESOURCES DEPARTMENT
This MEMORANDUM OF UNDERSTANDING("MOU") is made and entered into this
6th day of April, 2021 by and between THE TOWN OF MARANA ("TOWN"), acting by
and through its HUMAN RESOURCES DEPARTMENT("MARANA 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 TOWN
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 TOWN 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 TOWN; 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 TOWN 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 March 1, 2020 for the Summer 2021 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.pdt) 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 MARANA HR to assist its promotion of the
Program.
7. ASU will designate a liaison to work with MARANA 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 TOWN without the student's written
consent.
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C. MARANA HR RESPONSIBILITIES:
1. MARANA HR will announce the availability of the Program and communicate and
promote the benefits of the Program to its Eligible Employees.
2. MARANA HR will establish a link between its interne site and ASU's website for
Eligible Employees to self-identify and apply to the Program.
3. MARANA HR will designate a liaison to work with ASU on the administrative
aspects of the Program.
4. MARANA HR will include information about ASU opportunities on the TOWN'S
internal human resources website (https://www.maranaaz.gov/employee-portal-
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,whichever is later.
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 TOWN 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 TOWN 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.
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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 TOWN: If to ASU:
Human Resources Department Arizona State University
Town of Marana Office of The University Provost
11555 W Civic Center Drive P.O. Box 877805
Marana, AZ 85653 Tempe,Arizona 85287-7805
Attn: Jennifer Lindblom, Deputy HR Director Attn: Mark Searle,University Provost
Email:jlindblom@maranaaz.gov Email: mark.searle@asu.edu
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) TOWN. TOWN's liaison is Jennifer Lindblom,the Deputy 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 party's 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
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cancelled if any person significantly involved in initiating,negotiating, securing,
drafting or creating this MOU on behalf of ASU or the TOWN 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
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IN WITNESS WHEREOF,the parties hereto have executed this MOU as of the last
written date below.
TOWN OF MARANA, a municipal corporation
Terry S. Rozema, Town Manager
By:
Terry S. Rozema,
Town Manager
Date:
ATTEST:
TOWN Clerk
APPROVED AS TO FORM:
TOWN Attorney
THE ARIZONA BOARD OF REGENTS,
ARIZONA STATE UNIVERSITY
40111
By:_
Mark Searle
University Provost
Date: 3/11/2021
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