AMENDMENT ONE TO IGA WITH BOARD OF REGENTS FOR RESEARCH AND PLANNING.PDF

AMENDMENT ONE
INTERGOVERNMENTAL AGREEMENT
Between
MARICOPA COUNTY
And
ARIZONA BOARD OF REGENTS
for and on behalf of
Arizona State University
University of Arizona
And
Northern Arizona University
RESEARCH AND PLANNING PROJECTS
THIS AMENDMENT ONE (hereinafter referred to as “Amendment One”), is made and
entered into by and between Maricopa County, a political subdivision of the State of Arizona
(hereinafter called “County”), and the Arizona Board of Regents (hereinafter referred to as
“Regents”) for and on behalf of Arizona State University (ASU), University of Arizona (U of A)
and Northern Arizona University (NAU), (hereinafter collectively referred to as “Universities”),
together hereinafter referred to as “Parties” or individually as a “Party”.
WHEREAS, pursuant to the authority granted in A.R.S. 11-935, A.R.S. 11-952, A.R.S.
15-1625 and A.R.S. 15-1626, the County and Regents entered into an Intergovernmental
Agreement having an effective date of November 1, 2006 (C-30-07-011-2-00), which expires by
its terms on November 1, 2016 (“Agreement”); and
WHEREAS, the Parties now desire to enter into this Amendment One to the Agreement
that shall extend the Agreement an additional term commencing upon the expiration of the
current renewal term (November 1, 2016) and expiring on November 1, 2021; and
WHEREAS, the County and Regents desire that the Director of Maricopa County Parks
and Recreation be authorized to direct the Universities to perform certain services from time to
time as described in separate Scopes of Work which will set forth defined research and planning
projects, and the Universities desire to perform such services upon and subject to the terms and
conditions of the Agreement as amended; and
WHEREAS, the County and Regents desire to enter into this Amendment One to the
Agreement with the understanding that all other provisions of the Agreement shall remain in full
force and effect. Capitalized terms used herein without definition will have the meanings
ascribed to them in the Agreement.
NOW THEREFORE, in consideration of the foregoing and other good and valuable
consideration, the Parties hereby agree to amend the Agreement as follows:
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I. INCORPORATION OF RECITALS
The Recitals set forth above are hereby incorporated into this Agreement.
II. SCOPE OF WORK
Delete Section 1.3 in its entirety and replace with the following:
1.3 Projects selected by the Department under this over-arching Agreement will be
narrow in scope, but focused around the Scope of Work, as outlined in Section
1.0, in support of the Department’s Mission Statement. Specific Scopes of Work
will be developed through the Department’s special use permit procedure and
approved by the Director, Parks and Recreation Department, for each defined
research and planning project. Expenditure per identified Project will not exceed
$75,000.00, which is inclusive of all direct and indirect expenses incurred with the
Project and would be approved by the Director, Parks and Recreation
Department. County is responsible for the maintaining of accurate financial
ledgers and will adhere to all policies and procedures affiliated with the receipt
and expenditure of said funds and act in accordance with the provisions of the
Maricopa County Procurement Code. Representative projects are listed in
Exhibit A – Representative Research Projects. The Director for the Parks and
Recreation Department is hereby given the authority and charged with the
responsibility for proper administration of this Agreement.
Delete Section 1.4 in its entirety and replace with the following:
1.4 A Scope of Work presented to a University shall be subject to approval by the
University. The University is not authorized to perform any Project under this
Agreement until the Scope of Work and Budget has been authorized under a
separate Project agreement signed by the authorized signers of the County and
the performing University(ies).
III. TERM AND TERMINATION
Delete Section 2.1 in its entirety and replace with the following:
2.1 Term.
The Agreement commenced on the date the Maricopa County Board of Supervisors
executed the Agreement and was effective when filed with the Arizona Secretary of
State. The term of the Agreement was five (5) years (November 1, 2006 through
November 1, 2011), with one 5-year renewal option subject to each Party’s ability to
receive sufficient funding for the continuation and renewal of its obligations contained
herein. This Agreement, as amended, may be modified, by written amendment, at any
time by mutual written consent of both Parties. This Agreement, including Amendment
One, is subject to termination pursuant to A.R.S. §38-511.
The term of the Agreement is hereby extended for five (5) years, to commence upon the
expiration of the current renewal term (November 1, 2016) and expiring on November 1,
2021. This Amendment One is effective upon Board of Supervisor approval and when
executed by both Parties. Except as expressly modified herein, all terms and conditions
of the Agreement shall remain in full force and effect.
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IV. NOTICES
Delete Section 10.0 in its entirety and replace with the following:
Whenever written notice is required or permitted to be given by any Party to another,
such notice shall have been deemed to have been sufficiently given if personally
delivered or deposited in the United States mail in a properly stamped envelope, certified
or registered mail, return receipt requested, or emailed, addressed to:
For Arizona Board of Regents:
Arizona Board of Regents
2020 N. Central Ave., Suite 230
Phoenix, AZ 85004-4593
E-mail: nancy.tribbensee@azregents.edu
With copies to:
Arizona State University
Office of Research and Sponsored Projects Administration
P.O. Box 876011
Tempe, AZ 85287-6011
E-mail: ASU.awards@asu.edu
University of Arizona
Attn: Sponsored Projects Services
P.O. Box 210158, Rm 510
Tucson, AZ 85721-0158
E-mail: sponsor@email.arizona.edu
Northern Arizona University
Attn: Office of Sponsored Projects
P.O. Box 4130
Flagstaff, AZ 86011-4130
E-mail: grants@nau.edu
For Maricopa County Parks and Recreation Department:
Maricopa County Parks and Recreation Department
Attn: Director
41835 N. Castle Hot Springs Road
Morristown, AZ 85342
E-mail: rjcardin@mail.maricopa.gov
With copies to:
Parks and Recreation Department
Attn: Contract Administrator
41835 N. Castle Hot Springs Road
Morristown, AZ 85342
E-mail: emiller@mail.maricopa.gov
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IN WITNESS WHEREOF, the Parties hereto have caused this Amendment One to be executed
by their duly authorized representatives on the respective dates entered below.
MARICOPA COUNTY BOARD OF ARIZONA BOARD OF REGENTS,
SUPERVISORS FOR AND ON BEHALF OF
ARIZONA STATE UNIVERSITY,
UNIVERSITY OF ARIZONA
AND
NORTHERN ARIZONA UNIVERSITY
______________________________ ________________________________
Chairman Date By: Date
ATTEST
________________________________________
Clerk of Board Date
Pursuant to A.R.S. § 11-952(D), counsel for each Party has determined that the foregoing
Agreement is in proper form and is within the powers and authority granted under the laws of
this State to such Party.
Maricopa County Attorney Board of Regents General Counsel
________________________________ _____________________________
By: Date By: Date
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EXHIBIT A – REPRESENTATIVE RESEARCH AND PLANNING PROJECTS
The following is a representative list, by title/topic of “type” research projects for which County
may seek the services of University to conduct. This list is not all inclusive.
Project:
1. Park Visitor Surveys of some or all Parks under the control of County.
2. Site survey of the 6-L Ranch to accurately “map” the archeological sites located on the
Property.
3. Performance of cultural resource survey of select sites in the Agua Fria River area in
support of Scope of Work applications for the receipt of In-Lieu-Fee Mitigation Funds.
4. Fee studies or comparative work.
5. Conducting focus groups and trend analysis for Parks and Recreation Master Plan(s).
6. Visitor Experience and Resource Protection/Management Studies and Analysis.
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