IGA WITH ARIZONA GAME AND FISH COMMISSION AND COUNTY.PDF

INTERGOVERNMENTAL AGREEMENT
BETWEEN
MARICOPA COUNTY
AND THE
ARIZONA GAME AND FISH COMMISSION
RELATING TO MARICOPA COUNTY PARKS
This Intergovernmental Agreement (Agreement) is between Maricopa County, a political
subdivision of the State of Arizona, hereinafter called County, and the Arizona Game and Fish
Commission, an agency of the State of Arizona, hereinafter called Game and Fish. County 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. 11-251 and 11-931 et seq. authorize the County to acquire, improve and
manage real property for the development and operation of County parks.
2. 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.
3. The Game and Fish has authority to execute this Agreement pursuant to A.R.S. §
17-231(B)(7).
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
the public regarding the same.
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 the County.
1.1 To practice multiple use resource management that will give full consideration to
wildlife as one of the desirable outdoor recreation resources within County parks.
1.2 To provide opportunities for hunting, angling, boating, shooting sports, archery,
wildlife viewing, responsible Off-Highway Vehicle (OHV) use and outdoor education
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programs where appropriate and consistent with the mission, vision and policies
of the County Parks and Recreation Department and in accordance with all
applicable federal, state and local laws.
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 assist Game and Fish in the enforcement of laws by reporting violations, or
suspected violations, to Game and Fish personnel.
1.5 To assist Game and Fish, when requested, in wildlife population or condition
surveys, insofar as is appropriate and consistent with MCPRD’s departmental
policies and procedures and regularly assigned duties of County personnel.
1.6 To recognize Game and Fish publicly for their partnership consistent with County
guidelines and policies.
1.7 To consult with Game and Fish when County determines a proposed project or
action will have a significant impact on wildlife or wildlife habitat and wildlife related
recreation.
2. Responsibilities of Game and Fish.
2.1 To provide planning assistance to County in any improvement project and program
for hunting, angling, shooting sports, boating, archery, wildlife viewing, 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 County.
2.2 To provide financial assistance and in-kind labor to County 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 enforce game and fish, watercraft, off highway vehicle, and other laws as
applicable; and assist County in the enforcement of Park rules by reporting
violations, or suspected violations, to County personnel.
2.5 To provide technical expertise and assistance for addressing human-wildlife
conflicts in County parks.
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, responsible OHV use, outdoor education
programs and natural resource management in or affecting the County parks, and
to provide other meetings at various administrative levels as necessary.
3.2 To identify County park lands having wildlife values and form and execute plans or
programs for the management of wildlife resources in the County parks.
3.3 To collaborate to inventory, research, and manage the study of wildlife and wildlife
habitat relationships on or adjacent to County parks to ensure the welfare and
proper management of these resources, and share all data and results between
the two agencies at the conclusion of each project.
3.4 To restore, harvest, and generally manage the wildlife resources within the County
parks consistent with proper land use programs.
3.5 To consider plans for new transplant programs for wildlife that would occupy
habitats on County parks.
3.6 To develop or construct wildlife habitat improvements in County parks.
3.7 To support and share necessary resources for Game and Fish, OHV and
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watercraft enforcement on County parks.
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 in resolving problems relating
to hunting and fishing, OHV and watercraft access on and to County parks.
3.10 To cooperate in surveys of park 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 Maricopa County residents and visitors.
3.15 During the term of this Agreement, when specific projects are identified that further
the purpose of this Agreement but require an exchange of money between the
Parties, the Parties may enter into supplemental agreements signed by their
respective Directors or their designees which outline a timeline, procedures and
budget for project completion.
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. The damages which are the subject of this indemnity shall include but not be
limited to the damages incurred by any Party, its departments, agencies, officer’s,
employees, elected officials or agents. In the event of an action, the damages which are
the subject of this indemnity shall include costs, expenses of litigation and reasonable
attorneys’ fees.
5. 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 two additional five (5) year terms. 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
supplemental agreements executed under this IGA, prior to the termination of the
Agreement.
6. The Parties warrant that they are in compliance with A.R.S. § 41-4401 and further
acknowledge that:
6.1 Any contractor or subcontractor who is contracted by a Party to perform work
towards the purpose of this IGA shall warrant their compliance with all federal
immigration laws and regulations that relate to their employees and their
compliance with A.RS. § 23-214(A), and shall keep a record of the verification for
the duration of the employee's employment or at least three years, whichever is
longer;
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6.2 Any breach of the warranty, shall be deemed a material breach of the contract that
is subject to penalties up to and including termination of the contract;
6.3 The Parties retain the legal right to inspect the papers of any contractor or
subcontractor employee who works on the project to ensure that the contractor or
subcontractor is complying with the warranty above and that the contractor agrees
to make all papers and employment records of said employee available during
normal working hours in order to facilitate such an inspection;
6.4 Nothing in this Agreement shall make any contractor or subcontractor an agent or
employee of the Parties to this Agreement.
7. Each Party to this Agreement warrants that neither it nor any contractor or vendor under
contract with the Party to provide goods or services toward the accomplishment of the
objectives of this Agreement are not suspended or debarred by any federal agency which
has provided funding that will be used in the project described in this Agreement.
8. This Agreement shall not be modified or extended except by written instrument executed
by both Parties.
9. Any funding provided for in this Agreement or associated supplemental agreements is
contingent upon being budgeted and appropriated by the Maricopa County Board of
Supervisors, the State of Arizona, and Game and Fish in such fiscal year. This section will
control despite any provision of this Agreement or any exhibit or other agreement or
document related to this Agreement. In the event funds necessary to fulfill either Party’s
obligations under this Agreement are not appropriated by the State of Arizona, Game and
Fish or the Board of Supervisors, either Party may terminate this Agreement by giving
notice to the other Party. The Parties agree to use their best efforts to give notice of such
termination to the other Party at least fourteen (14) days prior to the end of the Party’s
then-current fiscal period. Termination in accordance with this provision will not constitute
a breach of this Agreement by either Party. No person will be entitled to any compensation,
damages or other remedy from the County or Game and Fish if this Agreement is
terminated pursuant to the terms of this section.
10. 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.
11. The Parties shall comply with Executive Order 99-4 prohibiting discrimination in
employment.
12. In accordance with A.R.S. § 35-214 and A.R.S. § 41-151.12, the Parties agree to 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 six 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.
13. This Agreement is subject to termination for conflict of interest pursuant to A.R.S. § 38-
511.
14. 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.
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IN WITNESS HEREOF, the Parties have executed this Agreement on the dated indicated.
MARICOPA COUNTY
_______________________________________
Chairman, Board of Supervisors Date
ATTEST
_____________________________________
Clerk of the Board Date
Approved as to Form:
____________________________________
Deputy County Attorney Date
ARIZONA GAME AND FISH COMMISSION
_____________________________________________________
Director and Secretary to the Commission Date
Approved as to Form:
____________________________________
Assistant Attorney General Date
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