REIMBURSEMENT AGRMT WITH USBR FOR MARICOPA TRAIL GRANITE REEF.PDF
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Agreement No. FY20‐NEPA‐01 REIMBURSEMENT AGREEMENT C‐_________________ This agreement is between Maricopa County and the Bureau of Reclamation (Reclamation) relating to environmental compliance costs due Reclamation to complete environmental compliance for the construction of a trail head parking area and trail at Granite Reef Dam Road (Project). Maricopa County understands execution of this Agreement does not imply approval of the Project. PAYMENT OBLIGATION: Maricopa County is responsible for paying the United States environmental oversight and administrative costs associated with the Project under the terms of this Agreement. Reclamation estimates the effort will cost approximately Two Thousand Five Hundred Dollars ($2,500.00), to be paid in advance as described in Paragraph 1 herein below. If actual costs exceed the estimated costs and additional funds are required, Reclamation will notify Maricopa County when account balance falls below Five Hundred Dollars ($500.00), and Maricopa County will be responsible for providing additional funds as requested by Reclamation up to a maximum total amount of Five Thousand Dollars ($5,000.00) (Maximum Cost). Maricopa County cannot pay any funds in an amount over and above this Maximum Cost unless the parties enter into an amendment to this Agreement that is signed by all parties. Reclamation cannot continue processing work under this Agreement in the absence of funding. Reclamation will provide Maricopa County with reports of the costs incurred upon request. AVAILABILITY OF FUNDS: This section will control despite any provision of this Agreement or other agreement or document related to this Agreement. In the event funds necessary to fulfill the County’s obligations under this Agreement are not appropriated by the Maricopa County Board of Supervisors, the County may terminate this Agreement by giving notice to Reclamation. The County agrees to use its best efforts to give notice of such termination to the Reclamation at least fourteen (14) days prior to the end of the County’s then‐current fiscal period. Termination in accordance with this provision will not constitute a breach of this Agreement by the County. No person will be entitled to any compensation, damages or other remedy from the County if this Agreement is terminated pursuant to the terms of this section. 1. DEPOSIT: Maricopa County (Payer) will pay an upfront deposit in the amount of Two Thousand Five Hundred Dollars ($2,500.00) by check to be applied towards environmental oversight and administrative costs incurred by Reclamation. 2. SCOPE OF WORK: Reclamation will review the request for Federal Action as submitted by Maricopa County, through Salt River Project, and will conduct all required coordination and/or consultations associated with federal environmental compliance, including but not limited to Section 7 Endangered Species Act coordination with the U.S. Fish and Wildlife Service, Section 106 National Historic Preservation Act consultation with the Arizona State Historic Preservation Officer and affected tribes, and Government‐to‐Government consultations with interested and affected Arizona tribes pursuant to Executive Order 13175. Reclamation will determine if a categorical exclusion applies, or if an environmental assessment must be prepared. 3. REFUND: Any unexpended funds advanced by Maricopa County pursuant to this Agreement remaining on deposit with Reclamation at the termination or expiration of this Agreement will be refunded to Maricopa County to the same account from which payment was received. 4. TERM: This Agreement is effective upon signatures of both parties and shall continue in effect until environmental oversight and administrative costs are determined and settlement of those funds is completed in accordance with the provisions of this Agreement or until this Agreement is otherwise terminated pursuant to the terms herein. Maricopa County shall be responsible for all United States environmental oversight and administrative costs incurred prior to the termination of this Agreement up to the Maximum Cost. Any additional funds, if required, may be transmitted to Reclamation by one of the following: A. Using USPS mail to DOI ‐ BOR ‐ Lower Colorado, P.O. Box 6200‐23, Portland, OR 97228‐6200. B. Using FedEx mail to U.S. Bank‐Attn: Government Lockbox ‐ DOI, Bureau of Reclamation Lower Colorado #6200‐23, 17650 NE Sandy Blvd., Portland, OR 97230 C. Transfer the funds electronically by contacting Cindy Rice at 702‐293‐8031. 5. TERMINATION: The Parties acknowledge that this Agreement is subject to cancellation pursuant to the provisions of A.R.S. §38‐511, which is incorporated herein by this reference. DATED this day of 202 . BUREAU OF RECLAMATION By: Leslie A. Meyers Date Phoenix Area Manager MARICOPA COUNTY _______________________________________ Chairman Date Board of Supervisors ATTEST Clerk of the Board Date Approved as to Form: __________________________________ Attorney for Maricopa County