CCSA WITH USDAFS FOR USERY TRAILS.PDF

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FS Agreement No. 17-CS-11031200-
Cooperator Agreement No.
NON FUNDED CHALLENGE COST SHARE AGREEMENT
Between The
MARICOPA COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF ARIZONA
And The
USDA, FOREST SERVICE
TONTO NATIONAL FOREST
This NON FUNDED CHALLENGE COST SHARE AGREEMENT is hereby made and entered
into by and between Maricopa County, a political subdivision of the State of Arizona,,
hereinafter referred to as “County,” and the USDA, Forest Service, Tonto National Forest
hereinafter referred to as the “U.S. Forest Service,” under the authority: Department of Interior
and Related Agencies Appropriation Act of 1992, Pub. L. 102-154
Background: Pass Mountain and Wind Cave Trails were constructed by the Forest Service in
1978, in coordination with County. These trails originate in the Usery Mountain Regional Park
(referred to as the Park), but the majority of their length is within the Tonto National Forest.
Pass Mountain Trail is also accessed from Meridian road.
After the trails were constructed, the Forest Service and County agreed that County would
provide regular maintenance of these trails. A Special Use Permit (dated 1984) was issued to
carry out the intent of the original agreement. The Special Use Permit was later amended
(Amendment #1) to hold County responsible only for routine maintenance; Amendment #1 also
established the standards for routine maintenance. The permit expired on May 15, 1994.
In August, 1995 County and the Forest Service entered into a Memorandum of Understanding
(MOU) to continue the cooperation originating with the Special Use Permit. This Memorandum
of Understanding expired on December 31, 2005. A Challenge Cost Share Agreement Forest
Service Agreement #06-CS-11031200-016 County Agreement #C-30-06-031-2-00 executed
May 18, 2006 followed by agreement #12-CS-11031203-021 County Agreement C-30-12-041-3-
00 expires January 31, 2017. This agreement shall replace the expired agreement to continue the
shared maintenance of these trails.
Title: Usery Mountain Regional Park Trail Maintenance
I. PURPOSE:
The purpose of this agreement is to document the cooperation between the parties to
maintain trails that serve both the Park and the Tonto National Forest. Currently existing
trails identified in (Appendix 1 – Map of Trails) as part of this agreement are:
-Pass Mountain Trail 282
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-Wind Cave Trail 281
-Connector Trail (Cat Peaks Pass) between Cat Peak Trail and Pass Mountain Trail
This agreement applies to all Park trails serving recreation users between the Tonto
National Forest and the Park in accordance with the following provisions and the hereby
incorporated Operating and Financial Plan, attached as Exhibit A.
II. STATEMENT OF MUTUAL BENEFIT AND INTERESTS:
Both the Forest Service and County provide recreational opportunities and programs to the
public on lands under their respective jurisdiction. These public agencies mutually desire
that trails crossing between the Tonto National Forest and the Park be consistently and
appropriately maintained, marked, administered, and managed for the purposes of serving
public recreation needs, safety, and preservation of the environment.
In Consideration of the above premises, the parties agree as follows:
III. COUNTY SHALL:
A. LEGAL AUTHORITY. County shall have the legal authority to enter into this
agreement, and the institutional, managerial, and financial capability to ensure proper
planning, management, and completion of the project, which includes funds sufficient
to pay the nonfederal share of project costs, when applicable.
B. Provide all maintenance, including cost for personnel, vehicles, equipment and
materials, for trail segments within the Park consistent with the standards in Forest
Service Trail Construction and Maintenance Notebook, 0723-2806-MTDC, available
at http://www.fhwa.dot.gov/environment/fspubs/07232806/index.htm
C. Collaborate with the Forest Service on new trail construction.
D. Provide signs for trail segments within the Park consistent with standards established
by County.
E. Provide signs and information at the Meridian Access and on trail segments within
the Tonto National Forest in cooperation with the Forest Service and consistent with
standards established in EM 7100-15, Standards and Guidelines for Forest Service
Signs and Posters.
F. Designate the entire length of the Pass Mountain Trail for use by hikers and
pack/saddle livestock; post as “Not Recommended for Bicycles; Prohibited to Motor
Vehicles”.
G. Submit an annual “Statement of Accomplishments” to the other Party on an annual
basis. The period of accomplishment will coincide with County fiscal year (July 1 –
June 30); the report is due July 31 of each year.
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H. Participate in bi-annual meetings to coordinate proposed work activities and
opportunities for additional revenues for trail management. Meeting dates, time,
location, and agenda is the joint responsibility of the Park Supervisor and the Forest
Service, Mesa Ranger District Recreation Staff Officer.
IV. THE U.S. FOREST SERVICE SHALL:
A. Provide heavy maintenance, including cost for personnel, vehicles, equipment and
materials, for trail segments within the Tonto National Forest consistent with the
standards in Forest Service Trail Construction and Maintenance Notebook, 0723-
2806-MTDC, available at
http://www.fhwa.dot.gov/environment/fspubs/07232806/index.htm
B. Provide signs for trail segments within the Tonto National Forest consistent with the
standards established in EM 7100-15, Standards and Guidelines for Forest Service
Signs and Posters.
C. Provide tools and materials to County for routine maintenance work on trail segments
on the Tonto National Forest as available.
D. Designate the entire length of the Wind Cave Trail for use by hikers only; use by
motor vehicles, bikes or livestock (i.e., horses) is prohibited.
E. Designate the entire length of the Pass Mountain Trail for use by hikers and
pack/saddle livestock; post as “Not Recommended for Bicycles; Prohibited to Motor
Vehicles”.
F. Partner with and/or support the Park in efforts to secure funding for trail
improvements.
G. Submit an annual “Statement of Accomplishments” to the other Party on an annual
basis. The period of accomplishment will coincide with County fiscal year (June 1 –
July 30); the report is due July 31 of each year.
H. Participate in bi-annual meetings to coordinate proposed work activities and
opportunities for additional revenues for trail management. Meetings dates, time,
location, and agenda is the joint responsibility of the Park Supervisor and the Forest
Service, Mesa Ranger District Recreation Staff Officer.
V. IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE
PARTIES THAT:
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A. PRINCIPAL CONTACTS. Individuals listed below are authorized to act in their
respective areas for matters related to this agreement.
Principal Cooperator Contacts:
County Program Contact County Administrative Contact
Name: Dan Wilson, CPRP Name: Emily Miller
Park Supervisor Contract Administrator
Usery Mountain Regional Park Maricopa County Parks & Recreation
Address: 3939 N. Usery Pass Road Address: Unit Operations Center
City, State, Zip: Mesa, AZ 85207 41835 N. Castle Hot Springs Rd
Telephone: 480-984-0032 City, State, Zip: Morristown, AZ 85342
FAX: 480-357-1542 Telephone: 928.501.9211
Email:DanWilson@mail.maricopa.gov FAX: 602.506.4692
Email: emilymiller@mail.maricopa.gov
Principal U.S. Forest Service Contacts:
U.S. Forest Service Program Manager U.S. Forest Service Administrative
Contact Contact
Name: Patricia Bean Name: Sherry Smith, Grants Management
Partnership Liaison and Wilderness Specialist
Mesa Ranger District Supervisor’s Office
Address: 5140 E. Ingram St Address: 2324 E. McDowell Rd.
City, State, Zip: Mesa, AZ 85205 City, State, Zip: Phoenix, AZ 85006
Telephone: 480-610-3341 Telephone: 602-225-5383
FAX: 480-610-3346 FAX: 602-225-5361
Email: patriciadbean@fs.fed.us Email: sherrysmith@fs.fed.us
B. USE OF U.S. FOREST SERVICE INSIGNIA. In order for County to use the U.S.
Forest Service insignia on any published media, such as a Web page, printed
publication, or audiovisual production, permission must be granted from the U.S.
Forest Service’s Office of Communications (Washington Office). A written request
will be submitted by the U.S. Forest Service Tonto National Forest to the Office of
Communications Assistant Director, Visual Information, and Publishing Services
prior to use of the insignia. The U.S. Forest Service Program Manager will notify
the County when permission is granted.
C. NON-FEDERAL STATUS FOR COOPERATOR PARTICIPANT LIABILITY.
County agree(s) that any of their employees, volunteers, and program participants
shall not be deemed to be Federal employees for any purposes including Chapter
171 of Title 28, United States Code (Federal Tort Claims Act) and Chapter 81 of
Title 5, United States Code (OWCP), as County hereby willingly agrees to assume
these responsibilities.
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Further, County shall provide any necessary training to County’s employees,
volunteers, and program participants to ensure that such personnel are capable of
performing tasks to be completed. County shall also supervise and direct the work
of its employees, volunteers, and participants performing under this agreement.
D. NOTICES. Any communications affecting the operations covered by this
agreement given by the U.S. Forest Service or County are sufficient only if in
writing and delivered in person, mailed, or transmitted electronically by e-mail or
fax, as follows:
To the U.S. Forest Service Program Manager, at the address specified in the
agreement.
To County , at the address shown in the agreement or such other address
designated within the agreement.
Notices are effective when delivered in accordance with this provision, or on the
effective date of the notice, whichever is later.
E. PARTICIPATION IN SIMILAR ACTIVITIES. This agreement in no way restricts
the U.S. Forest Service or County from participating in similar activities with other
public or private agencies, organizations, and individuals.
F. ENDORSEMENT. Any of County’s contributions made under this agreement do
not by direct reference or implication convey U.S. Forest Service endorsement of
County 's products or activities.
G. MEMBERS OF U.S. CONGRESS. Pursuant to 41 U.S.C. 22, no member of, or
delegate to, Congress shall be admitted to any share or part of this agreement, or
benefits that may arise therefrom, either directly or indirectly.
H. ELIGIBLE WORKERS. County shall ensure that all employees complete the I-9
form to certify that they are eligible for lawful employment under the Immigration
and Nationality Act (8 USC 1324a). County shall comply with regulations
regarding certification and retention of the completed forms. These requirements
also apply to any contract awarded under this agreement.
I. SYSTEM FOR AWARD MANAGEMENT REGISTRATION REQUIREMENT
(SAM). County shall maintain current information in the System for Award
Management (SAM). This requires review and update to the information at least
annually after the initial registration, and more frequently if required by changes in
information or agreement term(s). For purposes of this agreement, System for
Award Management (SAM) means the Federal repository into which an entity must
provide information required for the conduct of business as a Cooperative.
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Additional information about registration procedures may be found at the SAM
Internet site at www.sam.gov.
J. NONDISCRIMINATION. 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 a part of an individual's income is derived from any public
assistance program. (Not all prohibited bases apply to all programs.) Persons with
disabilities who require alternative means for communication of program
information (Braille, large print, audiotape, and so forth.) should contact USDA's
TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of
discrimination write to USDA, Director, Office of Civil Rights, 1400 Independence
Avenue, S.W., Washington, D.C. 20250-9410 or call (800) 795-3272 (voice) or
(202) 720-6382 (TDD). USDA is an equal opportunity provider and employer.
K. AGREEMENT CLOSEOUT. Within 90 days after expiration or notice of
termination the parties shall close out the agreement.
Within a maximum of 90 days following the date of expiration or termination of
this agreement, all reports required by the terms of the agreement must be submitted
to the U.S. Forest Service by County.
L. PROGRAM MONITORING AND PROGRAM PERFORMANCE REPORTS
The parties to this agreement shall monitor the performance of the agreement
activities to ensure that performance goals are being achieved.
Performance reports must contain information on the following:
- A comparison of actual accomplishments to the goals established for the period
where the output of the project can be readily expressed in numbers, a computation
of the cost per unit of output, if applicable.
- Reason(s) for delay if established goals were not met.
- Additional pertinent information.
County shall submit annual performance reports to the U.S. Forest Service Program
Manager. These reports are due 90 days after the reporting period.
M. RETENTION AND ACCESS REQUIREMENTS FOR RECORDS. County shall
retain all records pertinent to this agreement for a period of no less than 3 years
from the expiration or termination date. As used in this provision, records includes
books, documents, accounting procedures and practice, and other data, regardless of
the type or format. County shall provide access and the right to examine all records
related to this agreement to the U.S. Forest Service Inspector General, or
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Comptroller General or their authorized representative. The rights of access in this
section must not be limited to the required retention period but must last as long as
the records are kept.
If any litigation, claim, negotiation, audit, or other action involving the records has
been started before the end of the 3-year period, the records must be kept until all
issues are resolved, or until the end of the regular 3-year period, whichever is later.
N. FREEDOM OF INFORMATION ACT (FOIA). Public access to agreement
records must not be limited, except when such records must be kept confidential
and would have been exempted from disclosure pursuant to Freedom of Information
regulations (5 U.S.C. 552). Requests for research data are subject to 2 CFR 215.36.
Public access to culturally sensitive data and information of Federally recognized
Tribes may also be explicitly limited by P.L. 110-234, Title VIII Subtitle B §8106
(2009 Farm Bill).
O. 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 Coopeatives,
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 Government.
P. U.S. FOREST SERVICE ACKNOWLEDGED IN PUBLICATIONS,
AUDIOVISUALS AND ELECTRONIC MEDIA. County shall acknowledge U.S.
Forest Service support in any publications, audiovisuals, and electronic media
developed as a result of this agreement.
Q. GOVERNMENT-FURNISHED PROPERTY. County may only use U.S. Forest
Service property furnished under this agreement for performing tasks assigned in
this agreement. County shall not modify, cannibalize, or make alterations to U.S.
Forest Service property. A separate document, Form AD-107, must be completed
to document the loan of U.S. Forest Service property. The U.S. Forest Service shall
retain title to all U.S. Forest Service-furnished property. Title to U.S. Forest Service
property must not be affected by its incorporation into or attachment to any property
not owned by the U.S. Forest Service, nor must the property become a fixture or
lose its identity as personal property by being attached to any real property.
County Liability for Government Property.
1. Unless otherwise provided for in the agreement, County shall not be liable for
loss, damage, destruction, or theft to the Government property furnished or
acquired under this contract, except when any one of the following applies:
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a. The risk is covered by insurance or County is otherwise reimbursed (to the
extent of such insurance or reimbursement).
b. The loss, damage, destruction, or theft is the result of willful misconduct or
lack of good faith on the part of County’s managerial personnel. County’s
managerial personnel, in this provision, means County’s directors, officers,
managers, superintendents, or equivalent representatives who have
supervision or direction of all or substantially all of County’s business; all or
substantially all of County’s operation at any one plant or separate location;
or a separate and complete major industrial operation.
2. County shall take all reasonable actions necessary to protect the Government
property from further loss, damage, destruction, or theft. County shall separate
the damaged and undamaged Government property, place all the affected
Government property in the best possible order, and take such other action as the
Property Administrator directs.
3. County shall do nothing to prejudice the Government's rights to recover against
third parties for any loss, damage, destruction, or theft of Government property.
4. Upon the request of the Grants Management Specialist, County shall, at the
Government's expense, furnish to the Government all reasonable assistance and
cooperation, including the prosecution of suit and the execution of agreements of
assignment in favor of the Government in obtaining recovery.
R. NONDISCRIMINATION STATEMENT – PRINTED, ELECTRONIC, OR
AUDIOVISUAL MATERIAL. County shall include the following statement, in
full, in any printed, audiovisual material, or electronic media for public distribution
developed or printed with any Federal funding.
"In accordance with Federal law and U.S. Department of Agriculture policy, this
institution is prohibited from discriminating on the basis of race, color, national
origin, sex, age, or disability. (Not all prohibited bases apply to all programs.)
To file a complaint alleging discrimination, write USDA, Director, Office of Civil
Rights, 1400 Independence Avenue, SW, Washington DC 20250-9410 or call toll
free voice (866) 632-9992, TDD (800)877-8339, or voice relay (866) 377-
8642. USDA is an equal opportunity provider and employer.”
If the material is too small to permit the full statement to be included, the material
must, at minimum, include the following statement, in print size no smaller than the
text:
"This institution is an equal opportunity provider."
S. REMEDIES FOR COMPLIANCE RELATED ISSUES. If County materially
fail(s) to comply with any term of the agreement, whether stated in a Federal
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statute or regulation, an assurance, or the agreement, the U.S. Forest Service may
wholly or partly suspend or terminate the current agreement.
T. TERMINATION BY MUTUAL AGREEMENT. This agreement may be
terminated, in whole or part, as follows:
1. When the U.S. Forest Service and County agree upon the termination conditions,
including the effective date and, in the case of partial termination, the portion to
be terminated.
2. By 30 days written notification by County to the U.S. Forest Service setting
forth the reasons for termination, effective date, and in the case of partial
termination, the portion to be terminated. If the U.S. Forest Service decides that
the remaining portion of the agreement does not accomplish the purpose for
which the award/agreement was made, the U.S. Forest Service may terminate the
award upon 30 days written notice in its entirety.
U. ALTERNATE DISPUTE RESOLUTION – PARTNERSHIP AGREEMENT. In
the event of any issue of controversy under this agreement, the parties may pursue
Alternate Dispute Resolution procedures to voluntarily resolve those issues. These
procedures may include, but are not limited to conciliation, facilitation, mediation,
and fact finding.
V. DEBARMENT AND SUSPENSION. County shall immediately inform the U.S.
Forest Service if they or any of their principals are presently excluded, debarred, or
suspended from entering into covered transactions with the Federal Government
according to the terms of 2 CFR Part 180. Additionally, should County or any of
their principals receive a transmittal letter or other official Federal notice of
debarment or suspension, then they shall notify the U.S. Forest Service without
undue delay. This applies whether the exclusion, debarment, or suspension is
voluntary or involuntary.
W. TRAINING, EVALUATION, AND CERTIFICATION OF SAWYERS.
Any of the cooperator’s employees, and any participants and volunteers engaged on
behalf of the cooperator and Forest Service, who will use chain saws or crosscut
saws on National Forest System lands to conduct the program of work contained in
this agreement must be trained, evaluated, and certified in accordance with Forest
Service Manual 2358 and Forest Service Handbook 6709.11, section 22.48b. The
cooperator is responsible for providing this training, evaluation, and certification,
unless the Forest Service and the cooperator determine it is not in the best interest
of the partnership. In these circumstances, the Forest Service, upon request and
based on availability of Agency funding and personnel, may assist with developing
and conducting training, evaluation, and certification of the cooperator’s
employees, and any volunteers and participants engaged on behalf of the cooperator
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and the Forest Service, who will use chain saws or cross cut saws on National
Forest System lands.
X. COPYRIGHTING. County is/are granted sole and exclusive right to copyright any
publications developed as a result of this agreement. This includes the right to
publish and vend throughout the world in any language and in all media and forms,
in whole or in part, for the full term of copyright and all renewals thereof in
accordance with this agreement.
No original text or graphics produced and submitted by the U.S. Forest Service
must be copyrighted. The U.S. Forest Service reserves a royalty-free, nonexclusive,
and irrevocable right to reproduce, publish, or otherwise use, and to authorize others
to use the work for Federal Government purposes. This right must be transferred to
any sub-agreements or subcontracts.
This provision includes:
1. The copyright in any work developed by County under this agreement.
2. Any right of copyright to which County purchase(s) ownership with any
Federal contributions.
Y. MODIFICATIONS. Modifications within the scope of this agreement must be
made by mutual consent of the parties, by the issuance of a written modification
signed and dated by all properly authorized, signatory officials, prior to any changes
being performed. Requests for modification should be made, in writing, at least 30
days prior to implementation of the requested change.
Z. COMMENCEMENT/EXPIRATION DATE. This agreement is executed as of the
date of the last signature and is effective through December 31, 2017 at which
time it will expire. The expiration date is the final date for completion of all work
activities under this agreement.
VI. APPROVAL.
AUTHORIZED REPRESENTATIVES. By signature below, each party certifies that the
individuals listed in this document as representatives of the individual parties are authorized
to act in their respective areas for matters related to this agreement. In witness whereof, the
parties hereto have executed this agreement as of the last date written below.
The following clause is applicable to County under Arizona State Law:
TERMINATION DUE TO CONFLICT OF INTEREST: The Parties acknowledge
that this agreement is subject to cancellation pursuant to the provisions of A.R.S. § 38-511.
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RECOMMENDED BY:
R.J. Cardin, Director, Maricopa County Parks and Recreation Date
Department
IN WITNESS WHERE OF, the parties enter into this
agreement
MARICOPA COUNTY BOARD OF SUPERVISORS
BY:_______________________________
Chairman, Board of Supervisors
ATTEST:
Clerk of the Board
Date
Approved to Form
Deputy County Attorney Date
NEIL J. BOSWORTH, Forest Supervisor Date
U.S. Forest Service, Tonto National Forest
The authority and format of this agreement have been reviewed and approved for
signature.
SHERRY SMITH
U.S. Forest Service Grants Management Specialist Date
Burden Statement
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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 unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0596-0217. The
time required to complete this 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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