2017 MCDOT-USDA TONTO NATIONAL FOREST MASTER IGA.PDF

USDA, Forest Service OMB 0596-0217
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FS Agreement No. 17-RO-11031200-033
Cooperator Agreement No.
COOPERATIVE FOREST ROAD AGREEMENT
Between
MARICOPA COUNTY
And The
USDA, FOREST SERVICE
TONTO NATIONAL FOREST
PARTIES TO AGREEMENT: This agreement, made and entered into this the ______ day of
______________, 2017, by and between Maricopa County, hereinafter referred to as
“Cooperator,” and the USDA, Forest Service Tonto National Forest. The Cooperator and the
U.S. Forest Service are collectively referred to as "parties" or individually as a party, Tonto
National Forest is, hereinafter referred to as the “U.S. Forest Service.”
PURPOSE OF AGREEMENT: The purpose of this agreement is to set forth the general terms
and conditions, acceptable to the parties hereto, for the cooperative planning, survey, design,
construction, reconstruction, improvement, and maintenance of certain Forest Roads in Maricopa
County, State of Arizona, pursuant to the provisions of 16 U.S.C. 532-538, 23 U.S.C. 205, and
the regulations issued by the Secretary of Agriculture.
The Congress has, from time to time, authorized and appropriated funds for "Forest Roads,"
which are defined as "those Forest roads of primary importance for the protection,
administration, and utilization of the National Forests, or where necessary, for the use and
development of the resources upon which communities within or adjacent to the National Forests
are dependent." Recognizing that substantial benefits will accrue to the Nation and to the State
from the construction, reconstruction, improvement, maintenance, and use of certain Forest roads
and roads on the State or local road system over which Cooperator has/have jurisdiction, and
further that such roads carry substantial volumes of public service traffic as well as National
Forest traffic, and further that Cooperator has/have road construction, reconstruction,
improvement, maintenance, and right-of-way acquisition facilities available to assist in the
accomplishment of the work, it is accordingly deemed fitting and desirable to the parties hereto
to express by this agreement the general terms of their mutual cooperation in that regard to
achieve the maximum benefits therefrom in the public interest.
1. INTENT TO COOPERATE. It is the intention of the parties under this agreement to
cooperate as follows:
a. Agree that certain roads under the jurisdiction of Cooperator or the U.S. Forest
Service which serve the National Forest and also carry traffic which is properly the
responsibility of Cooperator should be maintained and, if necessary, improved to a
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standard adequate to accommodate safely and economically all traffic which uses
such roads.
b. Agree on the identification of roads or road segments which meet the criteria in item
a by a listing and appropriate maps.
c. Provide for formal meetings and informal consultation on a regular basis to discuss
and agree on action with respect to the roads identified pursuant to item b.
d. Provide for regular and adequate maintenance of the roads identified in item b,
including the assignment of maintenance responsibilities.
e. Provide for entering into project agreements when improvements of a road under the
jurisdiction of one party is to be financed in whole or in part from funds or resources
provided by the other party.
f. Provide for appropriate jurisdictional status of roads through transfer of easements
and acquisition of easements by the appropriate party.
2. IDENTIFICATION OF ROADS. A list of roads and segments of roads which meet the
criteria set forth in item 1a is agreed upon and is marked "Schedule A" and attached as
part of this agreement. Schedule A may be modified from time to time by agreement
between Cooperator and U.S. Forest Service, by adding or removing roads or road
segments, or by altering the description of a road or road segments, to give it proper
identity. Each such modification shall be indicated by a revised Schedule A bearing the
signatures of the parties or their authorized representatives and the effective date of the
revision.
3. MAINTENANCE PLANS. At the annual meeting provided for in item 6, plans for
maintaining the roads listed in Schedule A shall be agreed upon. Such plans shall include
assignment of responsibility for maintenance or particular elements of maintenance to
Cooperator or U.S. Forest Service for each road or segment of road listed in Schedule A.
To the extent practical, and subject to availability of funds, responsibility for maintenance
shall be assigned in proportion to use for which each party is properly responsible.
Maintenance shall include preserving and keeping the roads, including structures and
related facilities as nearly as possible in their original condition as constructed or
reconstructed to provide satisfactory and safe road service.
Maintenance plans shall provide for prompt changes in maintenance assignments during
the period of the plan upon agreement by the parties or their designated representatives.
4. PROJECT AGREEMENTS. When improvement of a road listed in Schedule A is to be
financed in whole or in part from funds or resources provided by the party not having
jurisdiction, the parties shall enter into a project agreement providing for performing the
improvement work and its financing. A project agreement is not required for
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improvement of a road or a road segment over which the party performing and financing
such improvement has jurisdiction. Project agreements shall be supplements to this
general agreement and subject to the agreements, provisions, and conditions herein
contained.
a. A project agreement shall be entered into prior to beginning of improvement or
construction work for which a project agreement is required.
b. The project agreement shall include the following elements:
1. Identification of road or road segment to be improved or constructed.
2. Plans and specifications for the project or provision for their development and
subsequent agreement thereon.
3. Schedule of construction or improvement work and designation of the party or
parties to perform the work.
4. Estimates of cost of improvement or construction.
5. Agreement as to how cost of work is to be borne including arrangements to
share in the work or to deposit funds with the performing party for a share of
the costs.
c. If funds are provided by Cooperator on an advance basis for work to be performed by
the U.S. Forest Service, they shall be deposited in the Treasury of the United States to
the credit of cooperative work, U.S. Forest Service. Any unused balance of
cooperative funds for the purposes outlined in the project agreement shall be returned
to Cooperator after completion of the work performed or upon agreement of the U.S.
Forest Service. If the cooperative funds are made available on a reimbursement basis
as the work progresses or upon its completion, the U.S. Forest Service shall submit to
Cooperator periodic billings, but not more often than monthly, or a final billing as the
case may be.
The amount of cooperative funds as set forth in the project agreement shall be the
maximum commitment of Cooperator to the project unless changed by a modification
of the project agreement.
If funds are provided by the U.S. Forest Service for work to be performed by
Cooperator the arrangements shall be set forth in the project agreement. Payments to
Cooperator shall be made as provided for in the project agreement.
If it appears that the project cost may exceed the estimate and additional funds may
be needed, no obligation shall arise against the Federal government with respect to
the increased cost except by modification of the project agreement prior to incurring
any commitment.
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5. RIGHTS-OF-WAY. Easements or other interests in land acquired by either party shall
be adequate to serve the road needs of both parties. The party having jurisdiction of an
existing road or intended to have jurisdiction of a road to be constructed shall obtain the
needed rights-of-way in its name. There shall be no provisions in any easement
document that will prevent the U.S. Forest Service from using or authorizing the use of
roads for which Federal funds were expended. Cooperator must be in a position to assure
the U.S. Forest Service the continuance of such uses for the period needed. The party
acquiring the easement or other interest in land shall obtain such title evidence and title
approval as required in its acquisitions for roads of comparable standards.
The costs of such easements or other interests in land are to be at the expense of the
acquiring party.
The U.S. Forest Service shall cooperate in the procurement of rights-of-way over land
administered by other agencies of the United States required for any project included
under this agreement and shall furnish Cooperator copies of survey notes, maps, and
other records.
To the extent possible under available authority, each party agrees to convey easements
over lands or interests in lands it owns or administers to the other party in order to
provide jurisdiction by the appropriate party as may be agreed to for any road or road
segment listed on Schedule A.
6. ANNUAL MEETING AND CONTINUING CONSULTATION. Cooperator and U.S.
Forest Service shall meet at least once each year to review matters covered by this
agreement and to agree on actions to implement this agreement including, but not limited
to, (1) approval of changes in the listing of roads on Schedule A; (2) approval of the
annual maintenance plan; (3) approval of project agreements for construction or
reconstruction; and (4) approval of transfer of jurisdiction of particular roads by easement
conveyance. It is also the intent of the parties to arrange for continuing consultation
between their representatives with the objective of reaching prompt agreement by the
parties on all matters of mutual concern which are covered by this agreement. The Forest
Supervisor of the Tonto National Forest for the U.S. Forest Service, and Chair for
Cooperator shall be responsible for making the arrangements for formal meetings and
continuing consultation.
7. TEXT MESSAGING WHILE DRIVING. In accordance with Executive Order (EO)
13513, “Federal Leadership on Reducing Text Messaging While Driving,” any and all
text messaging by Federal employees is banned: a) while driving a Government owned
vehicle (GOV) or driving a privately owned vehicle (POV) while on official Government
business; or b) using any electronic equipment supplied by the Government when driving
any vehicle at any time. All Cooperatives, their Employees, Volunteers, and Contractors
are encouraged to adopt and enforce policies that ban text messaging when driving
company owned, leased or rented vehicles, POVs or GOVs when driving while on
official Government business or when performing any work for or on behalf of the
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Government.
8. MODIFICATION AND TERMINATION.
a. This agreement may be modified by mutual consent.
b. This agreement may be terminated by either party upon at least 90 days prior written
notice, except that such termination shall in no way affect or change any commitment
made authorizing the use of roads or rights-of-way for purposes for which Federal
funds were expended, or any operation in progress at time of notice, and provided that
such termination shall in no way affect the agreement of the parties hereto with
respect to any obligations incurred under the agreement until a full settlement has
been made.
9. MISCELLANEOUS.
a. The United States shall not be liable to the recipient for any costs, damages, claims,
liabilities, and judgments that arise in connection with the performance of work under
this award, including damage to any property owned by the recipient or any third
party.
b. Nothing herein contained shall be construed to obligate the U.S. Forest Service or
Cooperator beyond the extent of available funds allocated or programmed for this
work, or contrary to applicable laws, rules, and regulations.
c. No Member of, or Delegate to, the Congress, or Resident Commissioner, shall be
admitted to any share or part of this agreement or to any benefits that may arise
therefrom, unless it is made with a corporation for its general benefit.
d. Where applicable, any contract, agreement, or understanding entered into pursuant to
this agreement providing for work to be performed shall include the requirements of
Federal laws, Executive orders, and Regulations.
10. PRINCIPAL CONTACTS. Individuals listed below are authorized to act in their
respective areas for matters related to this agreement.
Principal Cooperator Contacts:
Cooperator Program Contact Cooperator Administrative Contact
Name: Jennifer Toth, Transportation Dir Name: Gail Chimel, IGR Coordinator
Address: 2901 W. Durango Street Address: 2901W. Durango Street
City, State, Zip: Phoenix, AZ 85009 City, State, Zip: Phoenix, AZ 85009
Telephone: 602-506-4644 Telephone: 602-506-1795
FAX: 602-506-4858 FAX: 602-506-4882
Email: jennifertoth@mail.maricopa.gov Email: gailchimel@mail.maricopa.gov
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Principal U.S. Forest Service Contacts:
U.S. Forest Service Program Manager U.S. Forest Service Administrative
Contact Contact
Name: Christine Crawford, Forest Name: Sherry Smith, Grants Management
Engineer Specialist
Address: 2324 E. McDowell Road Address: 2324 E. McDowell Road
City, State, Zip: Phoenix, AZ 85006 City, State, Zip: Phoenix, AZ 85006
Telephone: 602-225-5279 Telephone: 602-225-5383
FAX: 602-225-5295 FAX: 602-225-5295
Email: cjcrawford@fs.fed.us Email: sherrysmith@fs.fed.us
11. COMMENCEMENT/EXPIRATION DATE. This agreement is executed as of the date
of last signature and is effective for five years from date of last signature at which time it
will expire. The expiration date is the final date for completion of all work activities
under this agreement.
12. AUTHORIZED REPRESENTATIVES. By signature below, the parties certify that the
individuals listed in this document as representatives of each party are authorized to act in
their respective areas for matters related to this agreement.
This agreement shall be effective as of the date herein written and shall supersede all prior
existing agreements, if any, for the same roads.
Chairman, Board of Supervisors Date
Maricopa County
NEIL J. BOSWORTH, Forest Supervisor Date
U.S. Forest Service, Tonto National Forest
Maricopa County Date
Deputy County Attorney
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The authority and format of this agreement have been reviewed and approved for
signature.
SHERRY J. SMITH Date
U.S. Forest Service Grants Management Specialist
Burden Statement
According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information
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information collection is estimated to average 4 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the collection of information.
The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and
where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part
of an individual’s income is derived from any public assistance. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative
means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at 202-720-2600 (voice and TDD).
To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, DC 20250-9410 or call toll free
(866) 632-9992 (voice). TDD users can contact USDA through local relay or the Federal relay at (800) 877-8339 (TDD) or (866) 377-8642 (relay voice). USDA is
an equal opportunity provider and employer.
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FS Agreement No. 17-RO-11031200-033
Cooperator Agreement No. __________________
Project Title:
Maricopa County Master Agreement FY 17
Description:
This Master Agreement will replace the agreement that expired in July 2016. The new
Agreement will be effective for five years from the date of the last signature on the agreement.
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FS Agreement No. 17-RO-11031200-033
Cooperator Agreement No. __________________
SCHEDULE A
BETWEEN
COOPERATOR
AND THE
U.S. FOREST SERVICE
Road No. Road Name Jurisdiction Location Length
Four‐way stop at Jojoba lot to
19 South Lake Road Forest Service 3.07
end of road at river
Riverside
162 Forest Service Campground Loop 1.00
Campground
Intersection with Bartlett Dam
Horseshoe Dam
205 Forest Service Road to end of pavement; 2.20
Road
MP 0 to MP 2.2
End of County Easement to
Seven Springs
24 Forest Service Maricopa County line; MP 1.72 14.28
Road
to approximately MP 16
Saguaro Lake Bush Highway to Saguaro Lake
206 Forest Service 0.21
Road Entrance Station
Humboldt Intersection with Seven
562 Forest Service 1.00
Lookout Road Springs Road for 1 mile
Maintenance on Schedule A roads is performed to Maricopa County Department of Transportation
standards where possible. Standard maintenance timing is approximately every eight weeks.
To note: FR 24B (Ashdale) removed from maintenance schedule in FY17.
MARICOPA COUNTY Date
TRANSPORTATION DIRECTOR
FOREST SUPERVISOR Date
TONTO NATIONAL FOREST
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