2021 IGA D-7-16 Arizona Game and Fish Commission.pdf

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,
an agency 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. The Game and Fish has authority to execute this Agreement pursuant to A.R.S. §
17-231(B)(7).
3. 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

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1.3

1.4

1.5

1.6

Commission for hunting and angling.

To recognize and promote the positive natural resource conservation contributions
and benefits provided through the management efforts of Game and Fish.

To recognize Game and Fish publicly for their partnership consistent with Buckeye
guidelines and policies.

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.

All responsibilities are subject to funding and personnel availability.

Responsibilities of Game and Fish.

2.1

2.2

2.3
2.4

2.5

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.

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 apurpose.

To manage the take of wildlife and

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

All Responsibilities are subject to funding and personnel availability.

Joint Responsibilities of the Parties.

3.1

3.2

3.3

3.4

3.5

3.6
3.7

3.8

3.9

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.

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

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.

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

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

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

To support and share necessary resources for Game and Fish, OHV and
enforcement in Buckeye.

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

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

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10.

3.10 To cooperate in surveys of recreational users.

3.11. To plan and develop facilities beneficial to the Parties.

3.12 ne plan and implement recreation and education programs beneficial to the

arties.

3.13 Toshare 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 andevents.

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 Approved
by the Parties (collectively, the “Sub-Agreement”. The Sub-Agreement shall be
subject to the provisions of this Agreement.

3.16 All responsibilities are subject to funding and personnel availability.

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.

This Agreement shall become effective as of the date it is executed by all the Parties. The
term of this Agreement is five (5) years and may be renewed on written agreement of the
Parties for an additional five (5) year term. Any Party may terminate this Agreement upon
furnishing the other Party with a written notice at least thirty (30) 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 rendered under sub-agreements
executed under this IGA, prior to the termination of the Agreement.

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

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.

The Parties shall comply with Executive Order 99-4 prohibiting discrimination in
employment.

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.

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

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11.

12.

13.

14.

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.

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.

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

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]

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

CITY OF BUCKEYE
An Arizona municipal corporation

hb

Eric W. Orsborn, Mayor

Date: May 18, 2021

ATTEST:

Sumner Stewart; Deputy
Lucinda J. Aja, City Clerk

APPROVED AS TO FORM:

SWiltla & Sthoiat

City Attorney

ARIZONA GAME AND FISH COMMISSION

8/20/2020

Director and Secretary to the Commission Date

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Adobe Sign Transaction Number: CBJCHBCAABAAFFOYNJIB7epax25IEixVKNaullbgUBeH