IGA DEPT FORESTRY FIRE MANAGEMENT FOR MCPRD.PDF
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Page 1 INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY AND THE ARIZONA DEPARTMENT OF FORESTRY AND FIRE MANAGEMENT RELATING TO MARICOPA COUNTY PARKS C# ____________________ This Intergovernmental Agreement (“Agreement”) is between Maricopa County, a political subdivision of the State of Arizona, hereinafter called “County,” and the Arizona Department of Forestry and Fire Management, an agency of the State of Arizona, hereinafter called “DFFM”. County and DFFM are collectively referred to as “Parties” or individually as a “Party.” 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. §11-952 et seq. authorize public agencies to enter into Intergovernmental Agreements for the provision of services or for joint or cooperative action. 3. DFFM has the 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 for the common purpose of maintaining, improving, and managing forest health (refers to the overall stand vigor, resilience, and native biodiversity) and educating the public within Maricopa County’s Forest System. “Forest System” is defined as upland desert scrub, washes, riparian areas, woodlands, shrublands, grasslands, and watersheds. Both Parties desire to establish a process to develop and implement collaborative partnership programs, projects, and activities. This Agreement will detail the process for the Parties to assist one another to further the mission and vision of both entities. AGREEMENT 1. Responsibilities of the County. A. Provide opportunities for projects such as planning, implementation and maintenance for reducing wildfire risk and/or mitigation, forest and watershed improvement, and education programs where appropriate and consistent with the mission, vision, and policies of Maricopa County Parks and Recreation Department (“MCPRD”) and in accordance with all applicable federal, state, and local laws (collectively defined as “Project”). B. Recognize and promote the positive natural resource conservation contributions and benefits provided through the management efforts of DFFM if determined appropriate by County and if consistent with County guidelines and policies. C. Assist DFFM, when requested, in natural resource-wildfire risk and Forest Health condition surveys, insofar as is appropriate and consistent with MCPRD’s departmental policies and procedures and regularly assigned duties of County personnel. (“Forest Health” is defined as overall stand vigor, resilience, and ability to support native biodiversity.) D. Consult with DFFM when County determines a proposed Project or partial Project will significantly impact wildfire risk related to Forested Resources (“Forested Resources” are hereby defined as recreational, educational, cultural, and Page 2 ecological outputs from the Forest System). E. Co-develop Project plan (s) with DFFM and implement and co-manage Project(s) within County park boundaries with technical assistance from DFFM. F. Provide Project funds and in-kind labor for Project(s) where appropriate and consistent with the mission and vision of MCPRD, subject to the availability of funds for such a purpose as determined by the County in its sole discretion. G. Conduct regulatory due diligence, including necessary research, survey work, permitting, and informal and formal consultation, while planning Project(s) with the DFFM staff. H. Abide by all terms, conditions, and requirements of any subaward or direct award that is granted to County, should one or more awards be made available and are granted to County. I. Provide maintenance and sustainability, as fully described in the Project Plan(s), for the Project areas completed within the County parks. 2. Responsibilities of DFFM. A. Co-develop sustainable Project Plan(s) with MCPRD and implement and co- manage Project(s) within County park boundaries with technical assistance from DFFM. B. Implement and manage Project(s) on State and other non-MCPRD as opportunities, permissions, and funding allow. C. Provide technical expertise and assistance to the County, and provide recommendations addressing Forested Resources-related Projects. D. Provide Project funds and in-kind labor for Project(s) where appropriate and consistent with the mission and vision of DFFM, subject to the availability of funds for such a purpose. 3. Joint Responsibilities of the Parties. A. Meet, at least annually, to discuss matters relating to the Project(s) in the County parks and schedule other meetings as necessary. B. Identify County parks having Forested Resources at risk from forest pathogens and wildfire. Form and execute Project(s) for managing Forest Health in the County parks consistent with proper land use programs and coordinate efforts addressing Forest Health issues on lands adjacent to the County parks when necessary. C. Collaborate on the planning and implementation of Project(s) and share all data and results at each Project's conclusion. D. Share facilities, personnel, electronic resources, and equipment when in the Parties' best interest, as determined by each Party, to facilitate training, resource management and development. E. Cooperate in joint marketing, social media, and promotion campaigns, as determined by each Party. For example, to cooperatively market the benefits of Forested Resources to County residents and visitors. F. Work together to pursue grant opportunities, as determined by each Party. 4. Notices. All notices required under this Agreement shall be in writing and given by email delivery with read receipt, United States Post Office certified mail with return receipt requested, by commercial courier served with a receipt, or by hand delivery with a receipt, to each Party’s following address, or to such other address as either Party may notify the other in writing as provided herein. Notice given in compliance with this Section is deemed received (i) on the day it is personally served, (ii) on the day it is sent by email, (iii) five (5) days after it is sent by certified mail, or (iv) two (2) days after it is delivered to any commercial courier service. Page 3 For the County: Maricopa County Parks & Recreation Department Attn: Contract Administrator 41835 N. Castle Hot Springs Road Morristown, AZ 85342 Email: emily.miller@maricopa.gov Phone: (602) 506-9511 For the DFFM: Department of Forestry and Fire Management Attn: Contract Administrator 1110 W Washington Street #500 Phoenix, AZ 85007 Email: aplecki@dffm.az.gov Phone: (815) 546-2492 Department of Forestry and Fire Management Attn: Contract Administrator 1110 W Washington Street #500 Phoenix, AZ 85007 Email: jrichardson@dffm.az.gov Phone: (602) 717-1420 5. General Provisions. A. 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 the written agreement of the Parties for two (2) additional five (5) year terms. Any Party may terminate this Agreement upon furnishing the other Party with 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 Agreement prior to the termination of the Agreement. B. To the extent permitted by law and except for a Party’s gross negligence and willful misconduct, each Party will defend, protect, release, indemnify and hold the other Party harmless, including any of the Party’s 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, officers, 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. C. The Parties warrant that they are in compliance with A.R.S. §41-4401 and further acknowledge that: 1) Each Party, for itself and all subcontractors, if any, agrees to comply with the Immigration Reform and Control Act (I.R.C.A.) and Arizona statutes, in the performance of this Agreement and, upon request, permit the other Party to inspect personnel records to verify such compliance. 2) Each Party, for itself and all subcontractors, if any, shall comply and warrants full compliance with all federal immigration laws and regulations that relate to their employees, and their compliance with A.R.S. §23-214 et seq. A breach Page 4 of this warranty shall be deemed a material breach of this Agreement that is subject to penalties up to and including termination of this Agreement. Each Party retains the right to inspect the papers of the other Party’s or subcontractor’s employee(s) who work on the Project(s) to ensure that the Party or subcontractor is complying with the warranty provided above. Each Party shall make all papers and employment records of the said employee(s) available during normal working hours in order to facilitate such an inspection. Nothing herein shall make either Party or subcontractor an agent or employee of the other Party. 3) Any breach of the warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of the contract. 4) The Parties retain the legal right to inspect the papers of any contractor or subcontractor employee who works on the Project(s) 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. 5) Nothing in this Agreement shall make any contractor or subcontractor an agent or employee of either Party. D. Neither Party, nor their contractor or vendors that provides goods or services under this Agreement, have been debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency. E. This Agreement shall not be modified or extended except by a written instrument executed by both Parties. F. Any funding provided for in this Agreement or associated supplemental agreement(s) is contingent upon being budgeted, appropriated and approved by the Maricopa County Board of Supervisors, the State of Arizona, the DFFM, or other sources the Parties may identify 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. This Agreement may be terminated by either Party at the end of any fiscal year due to non-appropriation of funds without any penalty or liability to such Party. The Parties agree to use their best efforts to give notice of such termination to the other Party within at least fourteen (14) days after the Parties' then-current fiscal period. Termination in accordance with this provision will not constitute a breach of this Agreement by either Party. G. This Agreement has been arrived at by negotiation and shall not be construed against any Party, including the Party who prepared the last draft. H. The Parties shall comply with Executive Order 99-4 prohibiting discrimination in employment. I. 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 six (6) years after expiration or termination 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. J. This Agreement is subject to termination for conflict of interest pursuant to A.R.S. §38-511. K. 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.