IGA Buckeye 2026-2029 Final.pdf

Agreement Number: A25-09180943

INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE CITY OF BUCKEYE
AND THE

ARIZONA GAME AND FISH COMMISSION

RELATING TO OUTDOOR RECREATION AND WILDLIFE MANAGEMENT

This Intergovernmental Agreement (Agreement) is between the City of Buckeye, an Arizona
municipal corporation, hereinafter called Buckeye, and the Arizona Game and Fish Commission
and Department, agencies of the State of Arizona, hereinafter called Game and Fish. Buckeye
and Game and Fish are hereinafter collectively called the Parties.

This Agreement shall become effective as of the date it has been executed by all Parties.

STATUTORY AUTHORIZATION

1. A.R.S. 11-951 et seq. authorize public agencies to enter into Intergovernmental
Agreements for the provision of services or for joint or cooperative action.

2. Game and Fish has authority to execute this Agreement pursuant to A.R.S. §
17-231(B)(7).

3. The City has authority under A.R.S. Title 9 et seq., A.R.S. §§ 11-931, et seq.

4. This Agreement does not relieve the Parties of any obligation or responsibility
imposed by law.

BACKGROUND

Both Parties desire to work in harmony for the common purpose of maintaining, improving, and
managing outdoor recreation opportunities and wildlife resources and their habitat; and
educating and informing the public.

Both Parties desire to establish a process to develop and implement collaborative partnership
programs and projects. This Agreement will detail the process for the Parties to assist one
another with programs, projects and activities that further the mission and vision of both entities.

TERMS OF THE AGREEMENT

1. Responsibilities of Buckeye.

1.1 To practice multiple use resource management that will give full consideration to
wildlife as one of the desirable outdoor recreation resources. Provide
opportunities for boating, shooting sports, archery, wildlife viewing, responsible
Off-Highway Vehicle (OHV) use and outdoor education programs where
appropriate and consistent with the mission, vision and policies of Buckeye and
in accordance with all applicable federal, state and local laws.

1.2 To provide opportunities under the authority of the Arizona Game and Fish
Commission for hunting and angling.
1.3 To recognize and promote the positive natural resource conservation contributions
and benefits provided through the management efforts of Game and Fish. 1.4 To
recognize Game and Fish publicly for their partnership consistent with Buckeye

guidelines and policies.

1.4 To consult with Game and Fish when Buckeye determines a proposed project or
action will have a significant impact on wildlife or wildlife habitat and wildlife

related recreation.

1.5 All responsibilities are subject to funding and personnel availability.

1.6 Pay a Partnership Fee to Game and Fish for waters stocked under this agreement.
Annual rates shall be in accordance with the following fee schedule:

Water

Stocking Strategy

FY27Cost

FY28Cost

FY29Cost

Total Costs

Sundance Park Core

$16,284

$16,773

$17,276

$50,333

These funds shall be used to defray the cost of program operations, including
costs for fish required hereunder; Payments made to Game and Fish may be
leveraged to obtain federal grant funding or other grant funding opportunities. If
this opportunity arises, Buckeye will be notified in writing by Game and Fish, and
it will be necessary to verify that all or a portion of the municipal fees do not

originate from federal sources.

1.7 Promptly notify Game and Fish of anticipated and emergency maintenance or
management measures that may affect the Community Fishing Program. This
may include lake and landscape repairs or construction, water supply or aeration
disruptions, and other activities or occurrences that may affect public health,
safety, and access to fishing and stocking activities.

1.8

1.9

Maintain water quality in Sundance Park Lake in a manner consistent with all
other requirements and regulations upon Buckeye. Regularly remove trash and
debris from the lakes. Remove and dispose of dead fish in a timely manner and
notify the Department Community Fishing Program Manager if there is an
unusual amount of dead or dying fish. Actively control excessive aquatic
vegetation and algae blooms, and report any aquatic invasive species to the
Community Fishing Program Manager.

Discourage populations of fish-eating aquatic birds (i.e., cormorants and herons)
through park landscape management and other
Discourage feeding of domestic waterfowl by the public, and harass or remove
excess waterfowl as necessary. Allow Game and Fish to conduct Migratory bird
research or depredation activities as permitted by the U.S. Fish and Wildlife

Service.

permissible techniques.

1.10 For lakes with aeration systems, maintain a fully operational system to support
good water quality. Ensure that aeration systems or other lake management
systems are not limiting angler access or use, unless necessary to conduct
maintenance or repairs. Manage and integrate landscape activities to be
compatible with the maintenance of good lake water quality.

1.11. Provide and maintain angler access to shoreline areas at each water. To the
extent possible, provide suitable accommodations along the shoreline such as
picnic tables, benches, and shade structures for angler use.

1.12 Provide access to the waters and associated park facilities such as shade
structures so that Sport Fishing Education contractors, Game and Fish
personnel, and volunteer instructors may conduct Sport Fishing Education
programs at no charge to Game and Fish. This may include conducting and/or
supporting Sport Fishing Education programs (fishing clinics) for the general
public in cooperation with Buckeye. Specific scheduling information about Game
and Fish-sanctioned programs will be provided to Buckeye as far in advance as
possible.

1.13 Provide suitable park and lake access to allow for stocking of fish using trucks
and trailers by the Game and Fish and their fish contractors at the waters.

2. Responsibilities of Game and Fish.

2.1 To provide planning assistance to Buckeye in any improvement project and program
for hunting, angling, shooting sports, boating, archery, wildlife viewing, wildlife
habitat, responsible OHV use and outdoor education where appropriate and
consistent with the mission and vision of Game and Fish and to provide
recommendations concerning program effects on fish and wildlife habitat as
requested by Buckeye.

2.2 To provide financial assistance and in-kind labor to Buckeye for projects and
programs for hunting, angling, boating, shooting sports, archery, wildlife viewing,
responsible OHV use and outdoor education programs where appropriate and
consistent with the mission and vision of Game and Fish, subject to the
availability of funds for such a purpose.

2.3 To manage the take of wildlife.

2.4 To provide technical expertise and assistance for addressing human-wildlife conflicts
in Buckeye.

2.5 All responsibilities are subject to funding and personnel availability.

2.6 Under Game and Fish’s Traditional or Core Strategy, stock Sundance Park Lake
with catchable rainbow trout approximately six times (160-200 pounds every two
weeks) from early December to late February, and catchable channel catfish
approximately eight times (1,000 pounds every two weeks) from early April to late
May, and mid September to early November. Fish stocking will cease from
approximately June through mid-September due to heat stress factors. Stock
sunfish (usually bluegill or redear) and largemouth bass at least once annually into
Sundance Park Lake. Other approved fish species may be stocked as necessary
to: 1) establish a resident fish population, 2) augment existing fish populations, 3)
maintain a balanced fishery, 4) improve angler success rates, or 5) provide feature
species for anglers. Adjustments to these stocking schedules and/or species may
be required due to climatic and/or weather conditions, fish availability and condition,
logistics of fish delivery from vendors, or lake water quality conditions.

2.7. Monitor basic water quality and biological indicators as needed to determine if lake
conditions are suitable for fish stockings. Provide periodic lake assessment
information to park managers as needed. Notify the appropriate city or park
management staff of any public health or safety concerns found by Game and Fish.

2.8 For each participating water, provide one or more Fishing Information Stations
(kiosks with bulletin board) so that current Community Fishing Program information
may be posted for the public. Design and provide Community Fishing Program
information and regulation signs, and replacements as needed, for all primary
access points, or mutually agreed-upon locations around each participating lake.

2.9 Enforce Game and Fish rules and regulations and Arizona Revised Statutes, Title
17 (Game and Fish laws). Cooperate and coordinate with local law enforcement
Officials, justice courts, and park staff to ensure angler compliance.

2.10 Provide advice, technical assistance, and guidelines on lake/pond and/or fishery
management to Buckeye.

2.11 Work with Buckeye to design and install suitable fish habitats as needed to provide
adequate cover from predators and spawning habitats.

3. Joint Responsibilities of the Parties.

3.1 To meet, at least annually, to discuss matters relating to hunting, angling, boating,
shooting sports, archery, wildlife viewing, wildlife habitat, responsible OHV use,
outdoor education programs and natural resource management in or affecting
Buckeye, and to provide other meetings at various administrative levels as
necessary.

3.2 To identify lands within Buckeye having wildlife values and develop and execute plans
or programs for the management of wildlife resources in Buckeye.

3.3 To inventory, research, and manage the study of wildlife and wildlife habitat
relationships on or adjacent to Buckeye, as Buckeye determines is necessary to
ensure the welfare and proper management of these resources.

3.4 To restore, and generally manage the wildlife resources within Buckeye consistent
with proper land use programs.

3.5 To consider plans for new transplant programs for wildlife that would occupy habitats
in Buckeye.

3.6 To study, develop or construct wildlife habitat improvements in Buckeye.

3.7 To support and share necessary information and resources to facilitate effective OHV
management and enforcement in Buckeye.

3.8 To develop or construct wildlife viewing and education enhancements which may
include blinds, signage, kiosks and exhibits.

3.9 To provide opportunities for the take of wildlife and to resolve problems relating to
hunting and fishing, and OHV access in Buckeye.

3.10 To cooperate in surveys of recreational users.
3.11 To plan and develop facilities beneficial to the Parties.

3.12 To plan and implement recreation and education programs beneficial to the Parties.

3.13 To share facilities, personnel, electronic resources and equipment when in the best
interest of the Parties to include training, resource management and development,
task forces and public meetings and events.

3.14 To cooperate in joint marketing, social media and promotion campaigns. For
example, to cooperatively market the benefits of nature, wildlife-based recreation
and angling to Buckeye residents and visitors.

3.15 When specific projects have been identified, the Parties will develop an action plan,
master plan, cooperative agreement or similar document that outlines a timeline,
establishes procedures, and that sets forth a budget for project completion. Any
approved “Sub-Agreement” shall be subject to the provisions of this Agreement.

3.16 All responsibilities are subject to funding and personnel availability.

4. The Parties hereby agree that, to the extent permitted by law, each Party will defend, protect,
release, indemnify and save the other Parties harmless, including any of the Parties’
departments, agencies, officers, employees, elected officials or agents, from and against
all loss, expense, damage or claim of any nature whatsoever which is caused by any
activity, condition or event arising directly or indirectly, in whole or in part, out of the
performance or nonperformance by the indemnifying Party of any of the provisions of this
Agreement.

5. This Agreement shall not be in effect until signed by all parties hereto. Unless terminated
earlier by operation of the terms of this Agreement, or by agreement of the Parties in
writing, this three (3) year Agreement will terminate on June 30, 2029. Any Party may
terminate this Agreement upon furnishing the other Party with a written notice at least
sixty (60) days prior to the effective termination date. Upon termination, the Parties shall
incur no further obligation or liability under this Agreement other than for payment of
services already rendered under this Agreement, and prior to the termination of the

Agreement. Upon termination, all work performed pursuant to this Agreement will cease,
and all unencumbered monies deposited for use by the Game and Fish will be returned
to Buckeye.

6. This Agreement shall not be modified or extended except by written instrument executed by
both Parties.

7. This Agreement has been arrived at by negotiation and shall not be construed against any
Party or against the Party who prepared the last draft.

8. The Parties shall comply with Executive Order 2023-1 and 99-4 prohibiting discrimination in
employment.

9. Records Retention.

In accordance with A.R.S. § 41 -151.12 (Schedule GS 1018), all books, accounts,
reports, files, electronic data, and other records relating to this Agreement shall be
retained for six (6) years after completion of this Agreement. Upon request, Party shall
produce original of any and all such records.

10. Audit.

In accordance with A.R.S. § 35-214, the Parties shall retain and shall contractually
require any sub-contractor to retain all data, books and other records (“records”) relating
to this Agreement for a period of five years after completion of the Agreement. All
records shall be subject to inspection and audit by the State at reasonable times. Upon
request, the Parties shall produce the original of any or all such records.

11. Arbitration.

To the extent required pursuant to A.R.S. § 12-1518, the Parties agree to use arbitration
to resolve any dispute arising under this Agreement, with each Party to bear its own
attorneys’ fees and costs.

12. Termination for Conflict of Interest.
This Agreement is subject to termination pursuant to A.R.S. § 38-511.
13. Severability.

In the event that any provision of this Agreement or portion thereof is held invalid, illegal,
or unenforceable, such provision or portion thereof shall be severed from this Agreement
and shall have no effect on the remaining provisions of this Agreement.

14. Unavailability of Funding for Projects and Programs.

Every payment or financial obligation of the Parties under this Agreement or any Sub
Agreement is conditioned upon the availability of funds appropriated or allocated for the
payment of such obligation. If funds are not allocated and available for the continuance
of this Agreement or Sub-Agreement, this Agreement or Sub-Agreement may be
terminated by any party at the end of the period for which funds are available. No liability
shall accrue to any party in the event this provision is exercised, and neither Buckeye
nor Game and Fish shall be obligated or liable for any future payments nor for any
damages as a result of termination under this paragraph.

[SIGNATURES APPEAR ON FOLLOWING PAGE]

IN WITNESS HEREOF, the Parties have executed this Agreement on the date indicated.

ATTEST:

Lucinda J. Aja, City Clerk

APPROVED AS TO FORM:

City Attorney

ARIZONA GAME & FISH
COMMISSION

Director and Secretary to the
Commission

5/14/26

Date

CITY OF BUCKEYE
An Arizona municipal corporation

Eric W. Orsborn, Mayor

Date: