COLLECTION AGREEMENT RE GOVERNMENT DOCK WITH AGFD.PDF

COLLECTION AGREEMENT
FOR
CONSTRUCTION OF ADMINISTRATIVE BOATING FACILITIES
This Collection Agreement, hereinafter called "Agreement", is hereby entered into under the
provisions of the Master Cooperative Agreement, dated July 5, 2018, by and between the
Arizona Game and Fish Commission, hereinafter called COMMISSION through its
administrative agency, the Arizona Game and Fish Department, hereinafter called
DEPARTMENT, and Maricopa County, a political subdivision of the State of Arizona,
hereinafter called COUNTY, and hereinafter collectively called the Parties.
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Authority: COMMISSION: A.R. S . § 17-231(B)(7)
COUNTY: A.R.S. § 11-952
Funding Amount to the COUNTY: $300,000
Effective Date of Agreement: Upon date of final signature on this Agreement by the Parties
Expiration of Agreement: (see Part IV, Section J.)
Project Title: Scorpion Bay Marina Government Dock
Project Scope: Facilitate the purchase and installation of an administrative boating facility at the
Scorpion Bay Marina Government Dock for use by the DEPARTMENT ("Administrative Boating
Facilities").
WHEREAS, the DEPARTMENT has statewide responsibility for boating safety programs;
WHEREAS, the COUNTY has responsibility for the management, operations and
maintenance of Lake Pleasant Regional Park ("Park");
WHEREAS, the Parties recognize and encourage a continued commitment to the
development and enhancement of public boating safety within the Park;
WHEREAS, funding for Administrative Boating Facilities has been made available by the
COMMISSION;
WHEREAS, there would be greater efficiency for the Parties if the COUNTY implements
the purchase and installation of the Administrative Boating Facilities constructed within the
Park;
NOW, THEREFORE, the Parties agree as follows:
1. Obligations of the DEPARTMENT. The DEPARTMENT shall:
A. Provide funding under this Agreement as specified above.
2. Obligations of the COUNTY. The COUNTY shall:
A. Utilize funds provided by the DEPARTMENT to construct the Scorpion Bay Marina
Government Dock in association with Scorpion Bay Holdings, LLC.
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In consideration of the mutual promises and benefits to the Parties, the Parties agree to the
following special conditions:
PART I - DEFINITIONS
For purposes of this Agreement:
a. A.R.S. means Arizona Revised Statutes.
b. CFR means United States Code of Federal Regulations.
c. Commission means the Arizona Game and Fish Commission.
d. Congress means the Congress of the United States of America.
e. Construction means activities, which produce new or renovated capital improvements and
increase the value or usefulness of existing property.
f. DEPARTMENT means the Arizona Game and Fish Department.
g. Director means the Director of the Arizona Game and Fish Depai tiiient, acting as the
administrative agent of the Arizona Game and Fish Commission.
h. Facilities mean any boating access improvements whose construction, repair, renovation, or
maintenance costs are eligible for reimbursement under this Agreement.
Funds mean financial assistance authorized by the Commission.
J. Maintenance means those activities necessary to keep a facility in good working order and
professional in appearance.
k. Operation means those activities necessary for the functioning of a facility to produce
desired results.
I. Real Property means land, including land improvements, structures and appurtenances
thereto, excluding movable machinery and equipment.
m. Renovation means rehabilitation of a facility to restore it to its original intended purpose
and function.
n. Useful Life means the period of time during which, with adequate and routine maintenance,
real property or equipment funded under this Agreement is capable of fulfilling its intended
purpose for public use or in support of public boating access.
PART II — PERFORMANCE
A. ADMINISTRATION
Conditions - All terms and conditions of the Master Cooperative Agreement of
July 5, 2018 (C-30.18.020), the Lake Pleasant Master Plan and any subsequent
amendments are by reference incorporated herein. This Agreement and the above-
referenced documents constitute the entire Agreement between the Parties with
respect to the above-referenced project. Any other prior or contemporaneous
agreements and understandings, oral or written, are hereby superseded and merged
herein. The COUNTY will perform all work under this Agreement in compliance
with all federal, state and local laws, rules, regulations and guidelines applicable to
this project. Pursuant to Section 22, Title 41, U.S. Code, no member of, or delegate
to, Congress shall be admitted to any share or part of this Agreement, or to any
benefits that may arise therefrom.
2. Legal Authority — Pursuant to A.R.S. § 17-231(B)(7), the COMMISSION has the
legal authority to enter into this Agreement, and the institutional, managerial and
financial capability (including funds sufficient to pay non-federal share of project
costs) to ensure proper planning, management, and completion of the project.
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3. Public Access to Information — Any information with respect to this Agreement
possessed by the DEPARTMENT or any federal agency is subject to disclosure
under the Freedom of Information Act (5 U.S.C. § 552) and/or Arizona's Public
Records Law.
4. Endorsement — Any DEPARTMENT contributions made under this Agreement do
not by direct reference or implication constitute DEPARTMENT or COMMISSION
endorsement of the COUNTY's products or activities.
5. Participation in Similar Activities — This Agreement in no way restricts the
COUNTY, the DEPARTMENT, or the COMMISSION from participating in
similar agreements or activities with other public or private agencies, organizations,
and individuals, insofar as requested reimbursements under this Agreement are not
duplicative of monies received from other funding sources.
6. Use of Funds — DEPARTMENT funds provided under this Agreement shall be
used solely to carry out the terms of this Agreement, pursuant to the eligible
purposes of the funding program.
7. Transfer of Funds — Unless implemented directly by the DEPARTMENT, funds
provided under this Agreement shall be transferred to the COUNTY and held in a
separate account specific to this Agreement.
8. Accountability of Funds — The COUNTY shall maintain full accounting of all
actual expenses associated with the terms of this Agreement. The COUNTY shall
provide documentation of such expenses to the DEPARTMENT as requested, and
upon completion of the project.
9. Accomplishment of Project — The project shall be accomplished according to the
terms of this Agreement and applicable Federal and State laws.
10. Amendments — This Agreement may be amended by mutual written consent
executed by both Parties to adjust aspects of the project including, but not limited
to, the project period, project costs, specific project scope items, or other specified
modifications. The Parties are not obligated to fund any changes not approved in
advance.
11. Use of Project — Upon substantial completion, facilities funded under this
Agreement and designated for administrative use by the DEPARTMENT shall be
open or available to the DEPARTMENT at all times. Emergency closures by the
COUNTY are allowable for imminent safety reasons. Maintenance closures must be
coordinated in advance with the DEPARTMENT.
12. Useful Life — The Useful Life of physical structures constructed under this
Agreement shall be from the date of the DEPARTMENT letter acknowledging
completion of the project. Useful Life periods shall be as follows:
Structural components of buildings, docks, gangways, etc.: 20 years
Equipment or other mechanical devices: 5 years
13. Operation and Maintenance — The Parties will enter into a separate maintenance
agreement for all equipment or improvements acquired or constructed under the
terms and conditions of this Agreement throughout the Useful Life established in
this Agreement. Should the equipment or improvements funded under this
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Agreement be determined by the DEPARTMENT to no longer be fulfilling the use
prescribed under this Agreement, the DEPARTMENT or COMMISSION shall seek
any remedy available under applicable State or Federal Law.
14. Land and Equipment — Subject to the obligations and conditions set forth in this
Agreement title to property or equipment acquired under this Agreement shall vest
with the COUNTY upon acquisition. Such property or equipment shall be
administered by the COUNTY in the same manner as other COUNTY
improvements of a similar nature. The DEPARTMENT may approve a change in
disposition of property or equipment acquired or developed under this Agreement
only upon: (1) acceptance of equitable replacement real property or equipment; (2)
refund to the DEPARTMENT of a pro rata amount, to be determined by the
DEPARTMENT, of the funds provided under this Agreement, or (3) written
acceptance of the terms and conditions of this Agreement by a subsequent, eligible
entity.
15. Special Conditions — The following special conditions to this Agreement shall be
binding upon and inure to the benefit of the successors and assigns of each of the
Parties to this Agreement. Breach of any condition shall justify the
DEPARTMENT to seek any remedy available under applicable State and Federal
Law.
a) This Agreement shall be construed under the laws of the State of Arizona.
Any legal action arising under this Agreement shall be brought in Superior
Court of the State of Arizona in and for the County of Maricopa.
B. SUB-CONTRACTS
1. Sub-contracts awarded by, or subsequent agreements entered into by the
COUNTY to accomplish approved project work shall incorporate by reference in
each subcontract or agreement the provisions of this Agreement. The COUNTY
shall ensure and determine that performance is acceptable under each subcontract
or agreement
2. The COUNTY shall be responsible for payment of services provided by the sub-
contractor or other entity performing work on this project for services pursuant to
this Agreement.
3. Any sub-contract for employment by the COUNTY shall be in writing and shall
contain a provision whereby a person so employed, or with whom a sub-contract
has been entered, acknowledges that the State of Arizona, the COMMISSION,
and the DEPARTMENT shall not be liable for any cost, claims, damages,
reimbursement, or payment of any kind relating to each such sub-contract.
C. PROJECT REPORTING, REVIEWS, AND ON-SI1E INSPECTIONS
The DEPARTMENT reserves the right to review project progress and to conduct on-site
inspections, as applicable and as needed, at any reasonable time during the project period
or required Useful Life to assure compliance with the terms of this Agreement.
PART III — PERMITS REQUIRED
The COUNTY agrees to meet the requirements of and acquire all permits or approvals
necessary to complete the project for this Agreement. The COUNTY must submit copies
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of applicable documentation/permits obtained to the DEPARTMENT prior to beginning
construction aspects of the project.
PART IV — COMPLIANCE
A. ARBITRATION
The parties agree to engage in any alternative dispute resolution procedures authorized by
their statutes, regulations and court rules, including, but not limited to, 5 U.S.C. § 575
and A.R.S. § 12-1518.
B. NON-DISCRIMINATION
1. In the event it applies, the Parties hereby agree to comply with all Federal and State
nondiscrimination orders and statutes as may apply, including Title VI, Title IX of the
Civil Rights Act, Section 504 of the Rehabilitation Act, and the Governor's Executive
Order No. 99-4, entitled Non-Discrimination in Employment.
2. In the event it applies, the Parties agree to construct facilities, to provide access to
such facilities, and comply with all applicable provisions of the Americans with
Disabilities Act of 1990, Public Law 101-336, 42 U.S.C. § 12101-12213 and 47
U.S.C. § 225 and § 611), and applicable State rules and Federal regulations under
Acts (28 CFR Part 35 and 36), and A.R.S. § 41-1492 through § 41-1492.12, Structure
of Buildings.
C. RECORDS RETENTION AND AUDITS
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.
In accordance with A.R.S. ARS §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.
D. E-VERIFY
In accordance with A.R.S. § 41-4401, the Parties warrant compliance with all Federal
immigration laws and regulations relating to employees and warrant their compliance
with A.R.S. §23-214, Subsection A.
E. 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,
which shall remain in full force and effect.
F. CONFLICT OF INTEREST
This Agreement is subject to telmination pursuant to A.R.S. § 38-511.
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G. REMEDIES
1. Whenever one Party to this Agreement in good faith has reason to question the other
Party's intent to perform, he or she may demand that the other Party give a written
assurance of this intent to perform. In the event that a demand is made and no written
assurance is given within fifteen (15) days, the demanding Party may treat this failure
as anticipatory repudiation of the Agreement.
2. Upon thirty (30) days written notice to the other Party to this Agreement, the
COMMISSION or the COUNTY may terminate this Agreement.
3. In the event that the COUNTY fails to comply with the terms and conditions of the
Agreement, the DEPARTMENT or the COMMISSION may pursue any legal
remedies available under applicable State or Federal law.
4. The remedies expressed in this Agreement are not intended to limit the rights of the
DEPARTMENT, the COMMISSION, or the COUNTY, and shall not in any way
abridge, defer, or limit the rights of the DEPARTMENT, the COMMISSION, or the
COUNTY, or remedies under law or defenses under applicable law.
5. Nothing in this Agreement shall be construed as obligating the DEPARTMENT or
the COMMISSION in the expenditure of funds or as involving the DEPARTMENT
or the COMMISSION in any contract or other obligation for the future payment of
money in excess of appropriations authorized by law and budgeted and approved by
the DEPARTMENT or the COMMISSION.
6. The DEPARTMENT and the COUNTY acknowledge that the DEPARTMENT can
comply with the terms of this Agreement only from appropriated funds legally
available for such purpose.
H. TERMINATION FOR NON-AVAILABILITY OF FUNDS
Every obligation of the Parties under this Agreement is conditioned upon the availability
of funds appropriated or allocated for the payment of such obligation. If funds for the
continuance of this Agreement are not allocated or are not available, this Agreement shall
terminate automatically on the date of expiration of funding. In the event of such
termination, the Parties shall incur no further obligation or liability under this Agreement
other than for payment of services rendered prior to the expiration of funding.
INDEMNITY
By entering into this Agreement, each Party (as "Indemnitor") agrees that to the extent
permitted by law, to indemnify and save the other Party (as "Indemnitee") 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
("Claims"), 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.
J. EXPIRATION
This agreement expires on June 30, 2020.
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L. PRINCIPAL CONTACTS: The principal contacts for this Agreement are:
COUNTY Project Coordinator DEPARTMENT Project Coordinator
Jennifer Waller Pat Crouch
Operations Manager Field Supervisor, Region 6
Maricopa County Parks and Recreation Dept. Arizona Game and Fish Department
41835 N. Castle Hot Springs Rd. 5000 W. Carefree Hwy.
Morristown, AZ 85342 Phoenix, AZ 85086
Phone: 928-501-9202 Phone: 602-359-2413
E-Mail: 'enniferwaller E-Mail: Pcrouchgazgfd.gov
COUNTY Administrative Contact DEPARTMENT Administrative Contact
Patty Sanford Tim Baumgarten
Maricopa County Parks and Recreation Dept. LE Programs Coordinator
41835 N. Castle Hot Springs Rd. Arizona Game and Fish Department
Morristown, AZ 85342 5000 W. Carefree Hwy.
Phoenix, AZ 85086
Phone: 928-501-9208 Phone: 623-236-7383
E-Mail: pattysanfordAmail.maricopa.gov E-Mail: Tbaumgarten@azgfd.gov
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the day
and year last written below.
Craig McMullen,
Chairman of the Board of Supervisors Assistant Director, Field Operations Division
Maricopa County, a political subdivision of the Arizona Game and Fish Department
State of Arizona
Signature: Signature:
Date: Date: I( (
ATTEST:
Date:
Clerk of the Board
APPROVED AS TO FORM:
Date:
Attorney for Maricopa County
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