HomeMy WebLinkAboutResolution 2023-076 Approving and Authorizing the Human Resouces Director to Execute a Memorandum of Understanding Between ABOR for ASU and the Town of MaranaExhibit A to Marana Resolution No. 2023-076
00090324.DOC /1 July 1, 2023
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 the 12th day of July
2023 by and between The Town of Marana (“TOWN”), acting by and through its Human
Resources Department (“TOWN HR”), and the Arizona Board of Regents for and 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, including 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 May 1, 2023 for the Summer 2023 Semester and will
continue through the end of the Spring Semester, 2028, unless this MOU is modified or
terminated earlier as set forth below.
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9. The Program Tuition does not include “Undergraduate College Fees” or “Program Fees,” as
that term is defined by ABOR 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. (See ABOR Policy 4-101,
Tuition and Fee Definitions available at: https://public.azregents.edu/Policy%20Manual/4-
101-Tuition%20and%20Fee%20Definitions.pdf.)
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 TOWN HR to assist its promotion of the Program.
7. ASU will designate a liaison to work with TOWN 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 HR without the student’s written consent.
C. TOWN HR RESPONSIBILITIES:
1. TOWN HR will announce the availability of the Program and communicate and promote the
benefits of the Program to its Eligible Employees.
2. TOWN HR will establish a link between its internet site and ASU’s website for Eligible
Employees to self-identify and apply to the Program.
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3. TOWN HR will designate a liaison to work with ASU on the administrative aspects of the
Program.
4. TOWN HR will include information about ASU opportunities on the TOWN’s internal human
resources website for promotion of the Program, as appropriate.
D. GENERAL TERMS:
1. Effective Date and Term. This MOU shall become effective upon on the date this MOU has
been fully executed by the parties (the “Effective Date”) and will expire on May 15, 2028 or
at the conclusion of the Spring 2028 semester, unless this MOU is modified or terminated
earlier as set forth herein.
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 advance written notice, may terminate
this MOU for convenience before the date of expiration, or upon thirty (30) days advance
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 Town: If to ASU:
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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: Curry C. Hale Attn: Nancy Gonzales, University Provost
Email: chale@maranaaz.gov Email: nancy.gonzales@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 President, AE Enrollment.
(b) Town. TOWN’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
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 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.
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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.
18. Financial Responsibility. This Agreement is not a commitment of funds by either party and
neither party will be liable to the other for any Program Tuition or Program Fees.
[Signatures on next page]
Exhibit A to Marana Resolution No. 2023-076
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IN WITNESS WHEREOF, the parties hereto have executed this MOU as of the last written date
below.
TOWN a municipal corporation
By: ________________________________ By:
Curry C. Hale Yiannis Kalaitzidis
Human Resources Director Town Procurement Director
Date: _________________________________ Date:
THE ARIZONA BOARD OF REGENTS, FOR AND ON
BEHALF OF ARIZONA STATE UNIVERSITY
By: _________________________________
Nancy Gonzales
University Provost
Date: _______________________________