MOU COUNTY AND ASPB STEWARDSHIP.PDF

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MEMORANDUM OF UNDERSTANDING  
Between 
Arizona State Parks Board and Maricopa County   
for the Monitoring of Cultural and Paleontological Sites  
through the Arizona Site Steward Program 
C-__________________ 
 
I. 
INTRODUCTION 
This Memorandum of Understanding (MOU) establishes a framework to promote cooperation  
and understanding between Maricopa County, a political subdivision of the State of Arizona 
(County), administered by its Parks and Recreation Department, and the Arizona State Parks 
Board (ASPB) concerning the Arizona Site Stewardship Program (ASSP), which will serve the 
mutual interests of the Parties and the public. 
 
II. 
DEFINITIONS 
Arizona Site Steward or Site Steward (SS)  
A volunteer who is trained, certified, and 
appointed 
by 
Arizona 
State 
Historic 
Preservation Office (SHPO) to enter into a 
volunteer 
agreement 
with 
ASPB, 
and 
volunteer agreements with Arizona public 
land managers, to monitor archaeological and 
paleontological sites, submit confidential 
reporting, and conduct community outreach. 
 
Arizona State Parks Board (ASPB) 
Charged by the legislature to administer the 
ASPB & SHPO programs. 
Region 
Identifies a boundary usually within a 50-mile 
radius from the community where the SS have 
been trained, certified, and a Regional 
Coordinator, 
defined 
below, 
has 
been 
identified. 
Regional Coordinator (RC) 
The RC is a leadership volunteer who works 
with local land managers to determine site 
monitoring priorities and frequency, establish 
a site inventory and a program of two other 
preservation activities (example: petroglyph 
graffiti removal).  
Site Steward Coordinator (SSC) 
Designated by the Land Manager or Local 
Land Manager, as appropriate, to coordinate 
SS activities on the lands under their 
jurisdiction. 
State Historic Preservation Office  
The SHPO is under the direction of the State 
Historic Preservation Officer who is an 
employee of ASPB and designated by the 
Governor. SHPO provides guidance to the 
ASSP.

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State Program Coordinator (SPC) 
Hired by ASPB to coordinate the statewide 
operations of the ASSP. 
III. 
PURPOSE 
The archaeological resources of the State of Arizona are deemed a valuable and non-renewable 
resource of the people of Arizona and the people of the United States of America.  Many 
archaeological sites throughout Arizona are currently being subjected to vandalism and other forms 
of permanent destruction.  This illegal activity continues, in part, due to a lack of understanding by 
the public of the true value of the resources and a lack of regular surveillance of these locations. 
State and federal laws encourage cooperation among state and federal agencies, local governmental 
entities, and private citizens.  The undersigned Parties have determined that a program of regular, 
volunteer visitation of locations of archaeological resources throughout Maricopa County 
diminishes the rate of their destruction and leads to an improved attitude among local citizens 
toward archaeological resources in their region.  
 
• 
The Parties recognize and encourage a continued commitment to  enhancement and 
protection of the cultural and natural resources of the State of Arizona as well as the 
goals of public recreation. 
 
• 
This MOU establishes an enduring basis for cooperation and assistance between the 
Parties to achieve common goals and objectives sensitive to their cultural and natural 
resources. 
 
IV. 
PARTIES TO THIS MOU 
A. 
This MOU is made and entered into between the following Parties: 
1. ASPB; and 
2. Maricopa County, administered by its Parks  and Recreation Department.  These entities 
may be identified singularly as “Party” or together as the “Parties”. 
B. 
The Parties hereby agree to cooperate in maintaining a volunteer program called the ASSP 
under the direction of ASPB as the agency in charge of coordination and training.  
Assumption of this leadership role shall not impose any additional liabilities on ASPB 
arising from these duties. 
C. 
To the extent that funding is available, ASPB intends to hire a full-time SPC to be assisted 
by appointed volunteer RC. 
D. 
SHPO will issue a training certificate to SS who have completed the required training.   
E. 
Local volunteers will act as SSs to assist the RCs by visiting specific archaeological sites 
identified by the County.  Visitation will be during park hours unless there is prior approval 
from a Park Supervisor or above.  The SSs will report their observations to designated 
authorities but will not act in any law enforcement capacity.  Volunteers and RCs will follow 
established Park Rules.  
F. 
ASPB uses a secured database to store all sites monitored by the ASSP and related 
documents.  Land managers will always have access to all data specific to their jurisdiction.  
The ASSP database is used to manage several program activities, including: 
1. Steward applications: All potential stewards apply through an application process.    
2. Program members report all volunteer hours and vandalism reports in the database. 
3. Store Site Kit information.  Each land manager can upload sitemaps, photos, and other 
documents that a current paper-based site kit contains. 
 
V. 
AUTHORITIES

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A. 
ASPB’s authorities: 
1. A.R.S. § 41-511.05(2) authorizes ASPB to make agreements within the general scope 
of its activities and operations to enable it to adequately perform its duties.  
2. A.R.S. § 41-511.04 (A)(7) and (A)(8) authorize ASPB to administer a state historic 
preservation program, including the program established pursuant to the National 
Historic Preservation Act of 1966, 16 U.S.C.A. section 470 et seq.   
3. A.R.S. § 41-511.02(B) and A.R.S. § 41-511.04(D)(4) authorize the State Historic 
Preservation Officer to administer the state historic preservation program and advise, 
assist, and monitor state and federal agencies and political subdivisions of this state in 
carrying out their historic preservation duties. 
B. 
County authorities: 
1. A.R.S. § 11-951 et seq. authorizes public agencies to enter into Agreements for the joint 
exercise of common powers. 
2. Arizona Antiquities Act, A.R.S. § 41-841 et seq., A.R.S. § 13-3702, and A.R.S. § 13-
3702.01  prohibit excavation or defacement of prehistoric and historic sites and 
collection of archaeological specimens from the sites without a permit issued by the 
director of the Arizona State Museum, and duty to report discoveries on lands owned 
and controlled by state, county, or municipality. 
3. A.R.S. § 11-931 et. seq authorizes a county to establish and maintain public parks and 
to acquire, hold and improve real property for that purpose. 
 
VI. 
RESPONSIBILITIES 
A. 
ASPB is responsible for: 
1. Formulating a set of procedures for training and administration of the volunteers. 
2. Creating and overseeing the conduct of a training program. 
3. Overseeing public information on a statewide level. 
4.  Managing an online database for the purposes of tracking hours, reporting vandalism 
reports, submitting and storing volunteer MOUs and site information. 
B. 
County is responsible for: 
1. Identifying and assigning a SSC to work with the State Coordinator and the ASSP RC 
in the Salt River Region to guide in supervising volunteer SS activities on lands under 
its jurisdiction (refer to Arizona Site Steward Land Manager Program Manual, Roles 
and Responsibilities).  The SSC, who works directly with the RC(s), is responsible for 
nominating sites to be monitored within the County, developing and providing site kits 
to the program, developing local operating procedures on-site scheduling, and providing 
support to the local region.   
2. Identifying priority sites within the County that have been listed on the National Register 
of Historic Places or have been evaluated as eligible to be listed and to be monitored 
under the terms of the ASSP.  
3. Identifying law enforcement officers to be contacted and reporting procedures to be       
      followed when vandalism or looting of archaeological resources is identified on its 
lands. 
4.  Attendance at the annual AZ Site Steward Program Conference is highly recommended. 
C.  
Both Parties shall aim to: 
1. Biannually, meet to evaluate the effectiveness of the ASSP, make recommendations, 
and acknowledge superior performances;  
2. Meet more often, if requested by either the SPC or any of the participating RCs, to 
review and discuss proposals and plans. Work together to monitor the program 
activities.

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VII. 
CORRESPONDENCE: 
Program Administration ASPB 
Sean Hammond 
Site Steward Program Coordinator 
1110 W. Washington Street, Suite 100 
Phoenix, AZ  85007 
(602)-542-7130 
shammond@azstateparks.gov  
Maricopa County 
Jennifer Waller  
Assistant Director 
41835 N. Castle Hot Springs Road 
Morristown, AZ 85342  
602-506-9502 
Jennifer.waller@maricopa.gov 
 
VIII. DURATION AND TERMINATION OF MOU 
A. 
Duration:  This MOU is entered into and is effective as of the date of the last signature to 
this MOU and shall continue for ten (10) years from that date (“Initial Term”), unless 
terminated earlier by the Parties or either Party.  This MOU may be extended at the 
expiration of the Initial Term for an additional ten (10) year term.  This extension process 
can be repeated as necessary and when deemed appropriate by both Parties. 
B. 
Termination:  This MOU may be terminated at any time by mutual consent of the Parties or 
may be terminated by either Party by giving at least sixty (60) days' prior written notice to 
the other Party. 
 
IX. 
GENERAL TERMS AND CONDITIONS 
A. 
Arizona Law:  The law of Arizona applies to this MOU, including, where applicable, the 
Uniform Commercial Code as adopted by the State of Arizona. The proper venue for any 
proceeding at law or in equity or under the provisions for arbitration shall be Maricopa 
County, Arizona and the Lessor and Lessee hereby waive any right to object to venue.   
B. 
Amendment:  The terms, conditions, and representations of the Parties contained in this 
MOU may not be orally amended, modified, or altered.  Any amendment or modification 
of this MOU must be in writing and effective only after the authorized signature of both 
Parties.  Amendments must be approved with the same formalities as with this MOU. 
C. 
Successors and Assigns:  Neither Party may assign its rights or obligations under this MOU 
without the prior written consent of the Parties hereto, and any purported assignment 
without such consent shall be void and of no effect. 
D. 
Relationship of Parties:  No partnership, joint venture, or other business relationship is 
established among the Parties to this MOU.  Except as expressly provided in this MOU, no 
Party is liable for any acts, omissions, or negligence on the part of any other Party or the 
other Party’s employees, agents, independent contractors, or successors-in-interest resulting 
in either personal injury, economic loss, or property damage to any individual or entity. 
E. 
Arbitration: The parties to this MOU agree to resolve all disputes arising out of or relating 
to this MOU through arbitration, after exhausting applicable administrative review, to the 
extent required by A.R.S. § 12-1518, except as may be required by other applicable statutes.  
F. 
Non-Discrimination: Maricopa County shall comply with State Executive Order No. 2009-
09 and all other applicable federal and state laws, rules and regulations, including the 
Americans with Disabilities Act. 
G. 
Cancellation for Conflict of Interest:  The Parties are put on notice that this MOU is subject 
to cancellation pursuant to A.R.S. § 38-511. 
H. 
Immigration:  The Parties agree to comply with Executive Order 2005-30, “Ensuring 
Compliance with Federal Immigration Laws by State Employers and Contractors,” and 
A.R.S. § 41-4401, the provisions and successor statutes of which are hereby incorporated 
by reference.

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I. 
Limitations:  Nothing in this MOU shall be construed as limiting or expanding the statutory 
responsibilities of the Parties. 
J. 
Indemnification:  To the extent permitted by law each Party (as Indemnitor) agrees to 
indemnify, defend, and hold harmless the other Party (as Indemnitee) from and against any 
and all claims, losses, liabilities, costs, or expenses (including reasonable attorney's fees) 
(hereinafter collectively referred to as Claims) arising out of bodily injury of any person 
(including death) or property damage, but only to the extent that such Claims which result 
in vicarious/derivative liability to the Indemnitee are caused by the act, omission, 
negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, 
employees, or volunteers. 
 
 
 
In addition, the County shall cause its contractor(s) and subcontractors, if any, to indemnify, 
defend, save and hold harmless the State of Arizona, any jurisdiction or agency issuing any 
permits for any work arising out of this MOU, and their respective directors, officers, 
officials, agents, and employees (hereinafter referred to as “Indemnitee”) from and against 
any and all claims, actions, liabilities, damages, losses, or expenses (including court costs, 
attorneys’ fees, and costs of claim processing, investigation and litigation) (hereinafter 
referred to as “Claims”) for bodily injury or personal injury (including death), or loss or 
damage to tangible or intangible property caused, or alleged to be caused, in whole or in 
part, by the negligent or willful acts or omissions of the County contractor or any of the 
directors, officers, agents, or employees or subcontractors of such contractor.  This 
indemnity includes any claim or amount arising out of or recovered under the Workers’ 
Compensation Law or arising out of the failure of such contractor to conform to any federal, 
state or local law, statute, ordinance, rule, regulation or court decree.  It is the specific 
intention of the Parties that the Indemnitee shall, in all instances, except for Claims arising 
solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by 
such contractor from and against any and all claims.  It is agreed that such contractor will 
be responsible for primary loss investigation, defense and judgment costs where this 
indemnification is applicable. 
K. 
Entire MOU:  This MOU constitutes the entire MOU of the Parties with respect to the 
subject matter hereof and supersedes all prior MOUs and understandings related to such 
subject matter. 
L. 
Other MOUs:  This MOU in no way restricts either Party from participating in similar 
activities with other public or private agencies, organizations, and individuals. 
M. 
Severability:  The provisions of this MOU are severable.  Any term or condition deemed 
illegal or invalid shall not affect any other term or condition of the MOU. 
N. 
Review by Counsel:  The Parties and their respective counsel have reviewed this MOU. 
O. 
Non-availability of funds:  This MOU shall be subject to available funding and nothing in 
this MOU shall bind any party to expenditures of funds for purposes outlined in this MOU. 
 
X. 
SIGNATURE AUTHORITY: 
A. 
This MOU is entered into and is effective as of the date of the last signature to this MOU.  
B. 
This MOU may be executed in counterparts, each of which shall be deemed an original and 
all of which together shall constitute one and the same instrument. 
C. 
The Parties acknowledge that signatures by electronic means are acceptable and legally 
binding. 
D. 
By signing below, the signer certifies the authority to enter into this MOU, has read the 
foregoing, and agrees to accept the provisions herein.