IGA with Az Game and Fish Commission

INTERGOVERNMENTAL AGREEMENT 
BETWEEN THE 
ARIZONA GAME AND FISH COMMISSION 
AND 
THE CITY OF GLENDALE, AZ 
 
 
Pursuant to A.R.S. § 11-952 et. seq., this Intergovernmental Agreement is made this _____ day 
of________, 2024, by and through the Arizona Game and Fish Commission (“Commission”), and 
the City of Glendale (“City”).  The terms “Department” and “Director” in this Agreement 
hereinafter refer to the Arizona Game and Fish Department and its Director, acting as 
administrative agent for the Commission. 
 
WHEREAS, the Commission has statewide responsibility for the management of wildlife, 
including fish, and the City owns certain park lands, including artificial lakes which it maintains 
for public use as recreation areas; and, 
 
WHEREAS, both entities desire to provide sport fishing recreational opportunities to the extent 
such a program is found practical; and, 
 
WHEREAS, the Commission has authority under A.R.S. § 17-231(B)(7) to make agreements with 
other entities for the operation of wildlife facilities and the conduct of related management studies, 
and the City has authority under A.R.S. § 9 et seq. and 11-931, et seq. to provide recreation through 
a Community Services Department; and, 
 
WHEREAS, the Department acts under the authority of the Commission; 
 
NOW THEREFORE, the Parties agree to conduct a Community Fishing Program, as follows: 
 
AGREEMENT: 
 
The Commission agrees that the Department Shall: 
 
1. 
Inform the public of the purpose and intent of the Community Fishing Program.  This 
may include coverage in various Department publications, websites, and other outlets as well as 
the media (radio, television, newspapers) to ensure broad coverage.   
 
2. 
Make recommendations to the Commission pertaining to license requirements and bag 
and possession limits specific to the Community Fishing waters herein. 
 
3. 
Issue Fishing Licenses and other applicable licenses to individuals and Department-
authorized license dealers in the local area and statewide. Licenses will also be available from 
Department offices and online.

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4.  
For waters under the Department’s “Expansion” Strategy, stock participating waters with 
catchable rainbow trout approximately four times from December to February, and catchable 
channel catfish approximately two times from April to May, and two times from mid-September 
to November. Fish stocking will cease from approximately June through mid-September due to 
heat stress factors.   
 
Stock sunfish (usually bluegill or redear) approximately once annually into participating waters.  
Other approved fish species may be stocked as necessary to: 1) establish or augment fish 
populations, 2) maintain a balanced and healthy fishery, 3) improve angler catch rates, or 4) 
provide a unique or feature species or sub-species for anglers.   
 
Adjustments to these stocking schedules and/or species may be required due to climatic and/or 
weather conditions, fish availability from vendors, condition and health of source fish, logistics of 
fish delivery from vendors, water quality conditions within the participating waters, unexpected 
increases in fish costs, or lack of available funding. 
 
5. 
Monitor basic water quality and biological indicators as needed to determine if lake 
conditions are suitable for fish stockings.  Provide water quality information to park managers 
and/or aquatic consulting firms responsible for lake management. Notify the appropriate City or 
park management staff of any public health or safety concerns found by the Department. 
 
6. 
Design and provide Community Fishing Program information and regulation signs, and 
replacements as needed. Signs shall be posted at mutually agreed-upon locations around each 
participating lake. 
 
7. 
Conduct periodic angler surveys to ascertain angler catch rates, effort, harvest, 
satisfaction, and overall performance of the program. This information will be shared with the City 
when analyses are complete. 
 
8. 
Enforce Commission rules and regulations and Arizona Revised Statutes, Title 17 (Game 
and Fish laws).  Cooperate and coordinate with local law enforcement officials, justice courts, and 
park staff to ensure angler compliance. 
 
9. 
Provide advice, technical assistance, and guidelines on lake/pond and/or fishery 
management to the City. 
 
10. 
Work with the City to design and install suitable fish habitats as needed to provide 
adequate cover from predators and spawning habitats. 
 
11. 
Establish an account to utilize funds paid to the Department by the City for operation of 
this program.

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The City Shall: 
 
1. 
Inform park users of the sport fishing opportunity and allow “Open to the Public” Sport 
Fishing Education programs at the included water(s).     
 
2. 
Install the Department-provided signage frame(s) at mutually agreed-upon locations, and 
maintain the signage as needed by removing graffiti, and notifying the Department of damage to 
the frames, attached signage, and kiosks.  
 
3. 
Make information about opportunities to go fishing within the City available to the public 
at park facilities, on the City website, and other outlets. 
 
4. 
Provide the Department any necessary keys or combinations to locks and/or gates so 
Department staff can gain access to the water(s) for stocking, monitoring water quality, or 
conducting creel surveys.  
 
5. 
Pay a Partnership Fee to the Department for waters stocked under this agreement. Annual 
rates shall be in accordance with the following fee schedule which represents 32.5% of the total 
cost of fish:   
 
 
 
 
 
Water 
Stocking Strategy FY25Cost FY26Cost FY27Cost FY28Cost FY29Cost Total Costs 
Bonsall Pond 
Expansion 
$5,815
$5,989  
$6,169  
$6,354  
$6,544  
$30,870  
Heroes Regional 
Expansion 
$9,429
$9,712  
$10,003  
$10,304  
$10,613  
$50,061  
 
 
$15,244
$15,701  
$16,172  
$16,657  
$17,157  
$80,931  
 
 
There is an annual increase of 3.0% built into the fee schedule to address annual adjustments in 
fish pricing from vendors. If price increases from fish vendors are more than 3.0% annually, the 
parties shall meet and confer to determine if the IGA can be amended to address the cost increase.   
 
These funds shall be used to defray the cost of program operations, including costs for fish required 
hereunder; Payments made to the Department may be leveraged to obtain federal grant funding or 
other grant funding opportunities.  If this opportunity arises, the City will be notified in writing by 
the Department, and it may be necessary to verify that all or a portion of the partnership fees do 
not originate from federal sources. 
 
6. 
Promptly notify the Department of anticipated and emergency maintenance or management 
measures that may affect the Community Fishing Program.  This may include lake or landscape 
repairs or construction, water supply or aeration disruptions, and other activities or occurrences 
that may affect public health, safety, and access to fishing and stocking activities.

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7. 
Maintain the lake and associated facilities to support a year-round sport fishery. This may 
include timing operational drawdowns and filling, operation strategies and timing for lake aeration 
and mixing systems, knowing when and whom to call for algae or aquatic plant treatments, 
knowing how to spot unusual fish behaviors that may indicate problems, and knowing who to call 
in the event of a fish kill.  
 
8. 
Maintain water quality in a manner consistent with all other requirements and regulations 
upon the City. Regularly remove floating or submerged trash and debris from the lakes.  Remove 
and dispose of dead fish in a timely manner and notify the Department Community Fishing 
Program Manager at 623-236-7262 if there is an unusual amount of dead or dying fish. Actively 
control excessive aquatic vegetation and algae blooms, and report any known or suspected aquatic 
invasive species to the Community Fishing Program Manager.   
 
9. 
Discourage feeding of domestic waterfowl by the public, and harass or remove excess 
waterfowl as necessary.  Discourage populations of fish-eating aquatic birds (i.e., cormorants and 
herons) through park landscape management and other permissible techniques. Allow the 
Department to conduct Migratory bird research or depredation activities as permitted by the U.S. 
Fish and Wildlife Service.  
 
10. 
For lakes with aeration systems, maintain a fully operational system to support good water 
quality. Ensure that aeration systems or other lake management systems are not limiting angler 
access or use, unless necessary to conduct maintenance or repairs. Manage and integrate landscape 
activities to be compatible with the maintenance of good lake water quality. 
 
11. 
To the extent possible, assist in the enforcement of State, City and Park codes, rules, 
regulations and laws (including ARS Title 12 and Title 17 Game and Fish Laws), as applicable. 
Assist the Department in the enforcement by reporting violations or suspected violations to the 
Department Operation Game Thief hotline (1-800-352-0700), by verbal warnings, and by citations 
as necessary to achieve compliance goals. City may adopt Title 17 Rules into Municipal Code to 
facilitate enforcement. 
 
12. 
Provide and maintain angler access to shoreline areas at each water. To the extent possible, 
provide suitable accommodations along the shoreline such as picnic tables, benches, and shade 
structures for angler use.  
 
13. 
Provide access to the waters and associated park facilities such as shade structures so that 
Sport Fishing Education contractors, Department personnel, and volunteer instructors may conduct 
Sport Fishing Education programs at no charge to the Department. This may include conducting 
and/or supporting Sport Fishing Education programs (fishing clinics) for the general public in 
cooperation with the City.  Specific scheduling information about Department-sanctioned 
programs will be provided to the City as far in advance as possible. 
 
14. 
Provide and maintain suitable park and lake access to allow for stocking of fish using trucks 
and trailers by the Department and their fish contractors at the waters.

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The Parties Mutually Agree To: 
 
1. 
Work in harmony for the common purpose of managing a Community Fishing Program.  
Encourage a united and professional approach by personnel of both Parties in seeking solutions to 
problems and challenges that may arise in fish and angler management, lake management, and 
during fish kills. 
 
2. 
Department and City staff shall meet annually or as needed to discuss issues, operations 
and maintenance, planning, budgeting, and other activities relating to park management and the 
Community Fishing Program, to review accomplishments and to develop and prioritize activities 
for the coming year.  
 
3. 
Cooperate and exchange biological, management, and other information useful in the 
effective operation of a Community Fishing Program. 
 
4. 
Seek to obtain funding opportunities for projects that: 1) create, enhance, or restore fish 
habitat, water quality, or angler access; or 2) increase or enhance recreational angling opportunity.  
These funds may be transferred directly, or through reimbursement, to the City.  Funding 
availability through the Department is uncertain, but may include support through the Sport Fish 
Restoration Federal Assistance Program, State Wildlife Grant Program, Arizona Heritage Fund, 
or other sources.  To provide for the future transfer of special funds, the Parties agree to enter into 
mutually acceptable collection agreements.  Future agreements will be developed within the 
framework of this Intergovernmental Agreement, and applicable grant and agreement 
requirements are to be approved by agency directors. 
 
 
 
 
 
 
General Provisions: 
 
1. 
Effective Date and Duration.  This Agreement shall not be in effect until signed by all 
Parties hereto.  Unless terminated earlier by operation of the terms of this Agreement, or by 
agreement of the Parties in writing, this five (5) year Agreement will terminate on June 30, 2029. 
 
2. 
Termination Generally.  Either Party may terminate this Agreement upon sixty (60) days' 
written notice to the other Party.  Upon termination, all work performed pursuant to this Agreement 
will cease, and all unencumbered monies deposited for use by the Department will be returned to 
the City. 
 
3. 
Notices.  All written notices concerning this Agreement shall be delivered in person or 
sent by certified mail, return receipt requested, or first class mail, postage prepaid, to the Parties 
as follows:

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A. 
To the City:  
Diane Williams, Program Manager Glendale Parks and Recreation  
5959 W Brown St. 
Glendale AZ 85302 
 
  
 
 B. 
To the Department: 
Ms. Julie Carter 
Arizona Game and Fish Department 
5000 West Carefree Highway 
Phoenix, Arizona 85086 
 
4. 
Non-discrimination.  In carrying out the terms of this Agreement, the Parties agree to 
comply with Executive Order 99-4 prohibiting discrimination in employment, the provisions of 
which are incorporated herein by reference. 
 
5. 
Non-Discrimination: 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. 23-01 and 99-9, entitled Non-Discrimination in Employment.  
 
6. 
Audit.  Pursuant to A.R.S. § 35-214 all books, accounts, reports, files, electronic data, 
and other records relating to this Agreement shall be subject at all reasonable times to inspection 
and audit by the State of Arizona for five (5) years after completion of this Agreement. 
 
7. 
Arbitration.  To the extent required pursuant to A.R.S. § 12-1518, and any successor 
statutes, the Parties agree to use arbitration, after exhausting all applicable administrative remedies, 
to resolve any dispute arising under this Agreement, where not in conflict with Federal Law, with 
each Party to bear its own attorney’s fees and costs. 
 
8. 
Termination for Conflict of Interest.  This Agreement is subject to termination pursuant 
to A.R.S. § 38-511. 
 
9. 
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. 
 
10. 
Other Agreements.  This Agreement in no way restricts either Party from participating in 
similar activities with other public or private agencies, organizations, or individuals. 
 
11. 
Compliance with Applicable Law.  All work performed pursuant to this Agreement shall 
be in compliance with all applicable state and federal laws and regulations.

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12. 
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. 
 
13. 
Illegal Immigration.  The Parties agree to comply with Executive Order 2005-30, 
“Ensuring Compliance with Federal Immigration Laws by State Employers and Contractors,” the 
provisions of which are hereby incorporated by reference. 
 
14. 
Employer-Employee Relationship.  It is not intended by this Agreement to, and nothing 
contained in this Agreement shall be construed to, create any partnership, joint venture or 
employment relationship between the Parties or create any employer-employee relationship 
between City and any State employee, or between State and any City employee.  Neither Party 
shall be liable for any debts, accounts, obligations or other liabilities whatsoever of the other, 
including (without limitation) the other Party’s obligation to withhold Social Security and income 
taxes for any of its employees. 
 
15. 
Indemnity.  Each Party (as “indemnitor”) agrees to indemnify, defend, and hold harmless 
the other Party (as “indemnitee”) from and against any and all claims, losses, liability, costs, or 
expenses (including reasonable attorney’s fees, hereinafter collectively referred to as ‘claims’) 
arising out of bodily injury of any person (including death) or property damage, 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. 
 
16. 
Records Retention.  In accordance with A.R.S. § 41-151.12 (GS 1018), all books, 
accounts, reports, files, electronic data, and other records relating to this Agreement shall be 
retained for a period of six (6) years after Agreement is fulfilled, expired, canceled or revoked. 
 
17. 
This Agreement constitutes the entire agreement between the Parties pertaining to the 
subject matter hereof and correctly sets forth the rights, duties and obligations of each to the other 
as of its date.  All prior or contemporaneous agreements and understandings, oral or written, are 
hereby superseded and merged herein.  The provisions hereof may be abrogated, modified, 
rescinded, or amended in whole or in part only by mutual written consent executed by the Parties.

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CITY OF GLENDALE 
 
 
 
By:          
 
 
 
 
 
      
 
    
  
    
    
 City Mayor                      
    
 
            Date 
 
 
 
ATTEST:  
 
 
 
 
 
        
        
 
City Clerk 
 
APPROVAL OF THE CITY ATTORNEY: 
 
I have reviewed the above-referenced Intergovernmental Agreement between the City and the 
Arizona Game and Fish Commission and declare this Agreement to be in proper form and within 
the power and authority granted to the City of Glendale under the laws of the State of Arizona. 
 
 
Dated this      
day of  
 
           , 2024     
 
 
 
 
 
 
 
 
 
 
 
 
       City Attorney 
 
 
 
 
 
 
ARIZONA GAME AND FISH COMMISSION 
 
 
By:    
 
 
 
 
 
 
               
   
 
 
        
         Ty Gray 
 
 
 
 
  
 Date 
         Secretary to the Commission and 
         Director, Arizona Game and Fish Department  
 
 
APPROVAL OF THE ARIZONA GAME AND FISH COMMISSION ATTORNEY: 
 
I have reviewed the above-referenced Intergovernmental Agreement between the City of Glendale, 
Arizona and the Arizona Game and Fish Commission and declare this Agreement to be in proper 
form and within the power and authority granted to the Arizona Game and Fish Commission under 
the laws of the State of Arizona. 
 
 
Dated this      
day of  
 
           , 2024 _______________________________ 
 
 
 
 
 
 
 
Attorney 
 
 
 
 
 
 
      
Arizona Game and Fish Commission