AMENDMENT THREE WITH BOARD OF REGENTS.PDF
Extracted text (via pymupdf)
5095 characters
1 of 3 AMENDMENT THREE 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 C-30-07-011-2-03 WHEREAS, an Intergovernmental Agreement was entered into on November 1, 2006, as amended by Amendment One (C-30-07-011-2-01) executed on December 7, 2016, and Amendment Two (C-30-07-011-2-02) executed on October 20, 2021 (collectively, “Agreement”) 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 the Agreement; and WHEREAS, the Maricopa County Parks and Recreation Department’s “Parks Vision 2030” as approved by the Board of Supervisors on December 6, 2023, will require the County to work with ASU for additional research and planning, as outlined in the Agreement’s Scope of Work, that will extend beyond the Agreement term date of November 1, 2026, and will also require an increase in the allocation of funding; and WHEREAS, the Parties now desire to enter into this Amendment Three to the Agreement (“Amendment Three”) for an extension of the Agreement term for five (5) years beginning November 2, 2026, through November 1, 2031, and to modify the Scope of Work sections 1.2 and 1.3 for the increase of fund allocation; and WHEREAS, the County and Regents desire to enter into this Amendment Three with the understanding that all other provisions of the Agreement shall remain in full force and effect and 2 of 3 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 receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: I. INCORPORATION OF RECITALS The Recitals set forth above are hereby incorporated into this Amendment Three. II. TERM The Parties hereby agree to extend the term of the Agreement for an additional five (5) years, expiring November 1, 2031. This Agreement is subject to cancellation pursuant to A.R.S. §38-511. III. SCOPE OF WORK Delete Section 1.2 of the Agreement in its entirety and replace it with the following: 1.2 The intent of the County and its Parks and Recreation Department (Department) is to establish this Agreement and to allocate funding not to exceed one hundred fifty thousand dollars ($150,000) per County Fiscal Year (defined as July 1 through June 30) for the term of the Agreement. Delete Section 1.3 of the Agreement in its entirety and replace it with the following: 1.3 Projects selected by the Department under this over-arching Agreement will be narrow in scope but focused on 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 Department’s Director for each defined research and planning Project. Expenditure per identified Project will not exceed one hundred fifty thousand dollars ($150,000.00) per County Fiscal Year, which is inclusive of all direct and indirect expenses incurred with the Project and would be approved by the Department’s Director. The County is responsible for maintaining 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 and Planning Projects. The Department Director shall administer this Agreement. 3 of 3 IN WITNESS WHEREOF, the Parties hereto have caused this Amendment Three to be executed by their duly authorized representatives as of the last date written below. ARIZONA BOARD OF REGENTS, FOR AND ON BEHALF OF ARIZONA STATE UNIVERSITY, UNIVERSITY OF ARIZONA AND NORTHERN ARIZONA UNIVERSITY ________________________________3/5/2024___ By: Date MARICOPA COUNTY Chairman Board of Supervisors 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. Board of Regents General Counsel Deputy County Attorney __________________________________ _______ ______________________ By: Date By: Date 3/5/2024