IGA WITH PARKS FOR TALL POT PLANT MATERIAL FINAL 5 2 2023.PDF

Maricopa County — Formal (2023-06-14)

Extracted text (via pymupdf) 9259 characters

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INTERGOVERNMENT AGREEMENT

BETWEEN

MARICOPA COUNTY

AND

FLOOD CONTROL DISTRICT OF MARICOPA
for the
EXCHANGE OF PLANT MATERIAL
C#______________________
District C# ______________________, IGA# 2023A004

This Intergovernmental Agreement (Agreement) is entered into by and between MARICOPA
COUNTY, hereinafter referred to as “COUNTY,” to be administered through its Parks and
Recreation Department, hereinafter referred to as “MCPRD,” and THE FLOOD CONTROL
DISTRICT OF MARICOPA, hereinafter referred to as “DISTRICT.”
This Agreement shall become effective as of the date it has been executed by all parties.
STATUTORY AUTHORIZATION
The DISTRICT is empowered by Arizona Revised Statutes (A.R.S.) Section 48-3603 to enter into this
Agreement and has authorized the undersigned to execute this Agreement on behalf of the DISTRICT.
The COUNTY is empowered by A.R.S. §§ 11-201, 11-251, 11-933, 11-951 et seq., as amended,
to enter this Agreement and has authorized the undersigned to execute this Agreement on behalf
of the COUNTY.
BACKGROUND AND CONTEXT
1. The DISTRICT propagates native Sonoran Desert plants in ‘tall pots’ that are uniquely suited
for vegetation establishment and survival without the need for supplemental watering for use
on flood control projects and properties.
2. Tall pot plant materials are not commercially available.
3. Tall pot plant materials propagated from local seed sources are best suited for survival due to
various genetic traits and evolutionary adaptations influenced by elevation, geographical area,
climatic conditions, and soil types, among other factors.

4. Seeds for such regionally specific, native Sonoran Desert plant materials are available at
Maricopa County Parks.

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5. Propagation of native plant materials in long growing tubes (tall pots) promote the growth and
establishment of a long tap root and provide higher “root to shoot” ratios (more roots vs foliage)
that allow the plant materials to overcome stresses in early establishment and survive more
readily in the long-term.

6. Tall pot grown native plant materials are essential elements in DISTRICT post-construction
revegetation efforts, providing erosion control and site stabilization without the need for
supplemental water. This significantly reduces potable water use and avoids the need for the
installation and continued maintenance of a permanent irrigation system.

7. Tall pot grown native plant materials provide community and environmental benefits such as
shade, air quality improvements, aesthetics, habitat enhancement, biodiversity, and natural
resources conservation.

8. It is in the interest of MCPRD that replacement and new plant materials in County Parks are
those germinated in tall pots so that MCPRD can lessen water use to maintain native plants in
its Parks.

PURPOSE OF THE AGREEMENT

9. The purpose of the Agreement is to allow the DISTRICT unfettered access to any Maricopa
County Park, upon proper notice to the administration of said park, for the purpose of collecting
seeds to be used to germinate native plant materials in tall pots, in exchange for the DISTRICT
providing native plant materials propagated in tall pots to MCPRD on an as needed and as
available basis.

TERMS OF THIS AGREEMENT

10. The Agreement shall remain in full force and effect for a period of (5) years commencing as
of the day it becomes fully executed. Provided there is no in default under this Agreement, the
parties have the option to extend this Agreement under the same terms for up to three (3)
additional five (5) year periods. Unless either party shall provide notice to the other of a desire
that this Agreement not renew, at the expiration of each five (5) year period, this Agreement
shall automatically renew as provided for herein.

11. MCPRD agrees to:

11.1
Allow employees and representatives of the DISTRICT access to any Maricopa County
Park as requested, after the DISTRICT has provided not less than 24-hour notice to the
administrator of the appropriate park, for the purpose of collecting and removing seeds
of native plant materials for the purpose of the DISTRICT germinating said seeds in
tall pots. If the notice provided to MCPRD is for access that would interfere with the
use of the park by the public or the operation of the park, then and in such event, the
park administrator and the representative of the DISTRICT shall endeavor to set a
mutually convenient time for access.

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11.2
Timely plant any and all native plant materials provided by the DISTRICT hereunder
only within the territory of a Maricopa County Park.

12. The DISTRICT agrees to:

12.1
As needed and as available, provide to MCPRD native plant materials that have been
germinated in tall pots for use within Maricopa County Parks.

12.2
Provide only native plant materials that are established and ready to be planted within
Maricopa County Parks.

12.3
Obtain consent of the appropriate administrator of the applicable park before exercising
its rights under this Agreement.

13. All notices or demands upon either party to this Agreement, except the notice required pursuant
to paragraphs 11.1 and 12.3, shall be in writing and shall be delivered in person, via electronic
means or sent by mail to:

R.J. Cardin
Director
Maricopa County Parks and Recreation Department
41835 N. Castle Hot Springs Rd.
Morristown, Arizona 85342
Rj.Cardin@maricopa.gov

Michael Fulton
Director
Flood Control District of Maricopa
2801 W. Durango Street
Phoenix, AZ 85009
Michael.Fulton@maricopa.gov

14. Each party to this Agreement will pay for and not seek reimbursement for its own personnel
and administrative costs associated with the exercise of the rights, duties and obligations
created herein.

15. The parties acknowledge that this Agreement is subject to cancellation by either party pursuant
to the provisions of ARS §38-511.

16. This Agreement may be amended in writing or may be terminated by either party with thirty
(30) days written notice.

17. Attached to this Agreement or contained herein are the written determinations by the
appropriate attorneys for the DISTRICT and COUNTY that these agencies are authorized
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under the laws of the State of Arizona to enter into this Agreement and that it is in the proper
form.

18. This Agreement is subject to availability of funds by DISTRICT.

19. Except as otherwise expressed herein, each party (as “indemnitor”) agrees to indemnify,
defend and hold harmless the other party (as “indemnitee”) from and against any and all claims,
losses, liability of any nature whatsoever, costs or expenses (including reasonable court
awarded 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 are caused by the willful misconduct or gross negligence of the indemnitor, its officers,
officials, agents, employees or volunteers. It is recognized that the parties to this Agreement
share the same risk pool for damages.

20. The parties to this Agreement have chosen attorneys employed by the Civil Services Division
of the Maricopa Attorney’s Office (“Civil Services Division”) to act as their attorney for the
purpose of reviewing this Agreement. In doing so, by their signature below, each party
acknowledges that it is aware that the Civil Services Division will represent both parties to this
Agreement, and each party expressly waives any conflict created thereby.

21. In the case of any dispute over any items in this Agreement, the parties shall use their best
efforts and enter into good faith negotiations to resolve the disputed matters. However, this
shall not limit the rights of the parties to seek any remedies provided by law.

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FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
A Political Subdivision of the State of Arizona
Recommended by:

Michael Fulton

Date
Director, Flood Control District of Maricopa County

Approved and Accepted:

By:

__________
Chairman, Board of Directors Date

Attest:

By:
____________________________________

Juanita Garza

Clerk of the Board Date

The foregoing Intergovernmental Agreement has been reviewed pursuant to Arizona Revised
Statutes 11-952, as amended, by the undersigned General Counsel, who has determined that it is
in proper form and within the powers and authority granted to the Flood Control District of
Maricopa County under the laws of the State of Arizona.

Flood Control District General Counsel
Date

DocuSign Envelope ID: 3E81A3DB-4810-4495-B7E0-D05C8AF1AD4B
5/18/2023
5/18/2023