COLLECTION AGREEMENT WITH AGFD FOR BOATING FACILITIES LP.PDF
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Arizona Game and Fish Department
5000 West Carefree Highway
Phoenix, Arizona 85086
Arizona Game and Fish Commission
and
Maricopa County
Collection Agreement
Between
State of Arizona
Arizona Game and Fish Commission
and
Maricopa County
Boating Facilities Agreement for Lake Pleasant Regional Park’s Agua Fria Conservation Area
Boating Facilities Improvements
THIS AGREEMENT (Agreement) is entered into between the State of Arizona, by and through the
Arizona Game and Fish Commission (hereafter referred to as the "Commission") and Maricopa County,
a political subdivision of the State of Arizona (hereafter referred to as the “County”), (collectively
“Parties” and singularly “Party”). The terms "Department" and "Director" in this Agreement shall mean
the Arizona Game and Fish Department and its Director, acting as administrative agent for the
Commission.
WHEREAS, this Agreement is entered pursuant to a Master Cooperative Agreement (C-30-18-020-M-
00) to facilitate boating access and conservation areas improvements entered into originally by both parties
on May 9, 2018; and
WHEREAS, the County, on June 29, 1990, entered into a Recreational Management Agreement with the
United States Department of the Interior, through the United States Bureau of Reclamation (“Landowner”)
for the development, use, and management of public recreation at Lake Pleasant Regional Park (Contract
No. 9-07-30-L-0298 as recorded with the Maricopa County Recorder’s Office on June 29, 2990, No-90-
9292506); and
WHEREAS, the Commission is authorized to enter into agreements pursuant to Arizona Revised Statutes
(A.R.S.) § 17-231(B)(7). The County is authorized to enter into this Agreement pursuant to A.R.S. §§
11-251, 11-931 and 11-952; and
WHEREAS, the Commission has primary statewide responsibility for management actions related to fish
and wildlife within the state of Arizona; and
WHEREAS, the Department acts under the authority of the Commission; and
WHEREAS, the Commission and County jointly recognize the need for boating facility improvements at
Lake Pleasant Regional Park’s Agua Fria Conservation Area.
NOW, THEREFORE, in consideration of the mutual agreements contained herein, the Commission and
the County agree as follows:
Collection Agreement Re: Boating Facilities Agreement for Lake Pleasant Regional Park’s Agua Fria Conservation Area Boating Facilities Improvements
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A. Agreement
Recitals.
The Recitals, by this reference, shall be incorporated herein and made a part of this Agreement
Purpose and Mutual Benefits.
The Parties herein enter into this Agreement to facilitate the purchase, installation, and long-term
administration and maintenance of an entrance station building and its utilities associated with the existing
boat launch facility within the Agua Fria Conservation Area of Lake Pleasant Regional Park on Table
Mesa Road (“Project”).
Project Description.
The Department will reimburse the County within sixty (60) days, upon receipt of invoices, through this
Agreement as intended for the following Project scope:
• Design, purchase, and install an entry station building;
• Connect utilities to the building: water, sewer, electric;
• Construct parking stalls adjacent to the building with an A.D.A. route to the building; and
• Install funding recognition signage at the entry station.
1. The Commission agrees the Department shall:
a) Reimburse the County within sixty (60) days, upon receipt of invoices, for approved direct
expenditures consistent with the Project and subject to the conditions of this Agreement, not
to exceed $125,000 dollars. No reimbursement will be made to the County for any indirect
costs nor any work performed by a County employee, nor equipment used for the installation
without prior approval of the Department.
b) Review plans for the proposed entry station building and associated infrastructure to ensure
compliance for all applicable Federal, State and County building and construction laws and /or
codes.
c) Complete an inspection of the final Project for compliance.
2. The County shall:
a) Meet the requirements of and acquire all permits or approvals necessary to complete the Project
for this Agreement. County shall submit copies of applicable documentation/permits obtained
to the Department for approval before construction aspects of the Project can occur.
b) Procure entry station building, delivery, installation of the building and utilities, parking area,
and an accessible route to the building.
c) Publicly acknowledge the program used to assist Project accomplishments, including, but not
limited to, the installation of signs at the location of the Project, or on printed or electronic
media, as applicable.
i. Such acknowledgments shall be maintained in good condition throughout the term
of this Agreement. At a minimum, this acknowledgment shall include the following:
“This project was completed with funding from the Arizona Game and Fish
Department.”
Collection Agreement Re: Boating Facilities Agreement for Lake Pleasant Regional Park’s Agua Fria Conservation Area Boating Facilities Improvements
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ii. Upon request by the County, the Department may provide fund source recognition
signs.
d) Provide public access to the Agua Fria Conservation Area. The Agua Fria Conservation Area
and facilities within the area will be open or available to the public as prescribed by the 2010
Agua Fria Conservation Area Management Plan.
e) Operate and maintain all facility equipment or improvements acquired or constructed under
the terms and conditions.
i. Should the equipment or improvements funded under this Agreement become
unavailable for the use prescribed under this Agreement, the Department or
Commission shall seek remedy available, as addressed in Section B.5, under applicable
State and Federal Law. Any use of the facilities that may conflict with the intended
Purpose(s) is expressly prohibited.
ii. The County may request that the Department declare an area, facility, or equipment
obsolete or non-functional under the following circumstances: (1) reasonable
maintenance and repairs are not sufficient to keep the facility or equipment operating;
(2) changing public needs or operating practices dictate a change in the type of
facilities, equipment, or location; (3) the facility or equipment is destroyed or rendered
useless by fire, drought, other natural disaster, or vandalism; or (4) legislation passed
by Congress mandates a change in land use or ownership.
f) Incorporate by reference in each sub-contract the provisions of this Agreement. The County
shall ensure and determine that performance is acceptable under each sub-contract.
g) Be responsible for payment of services provided by the sub-contractor or other individual
performing work on this Project for services authorized pursuant to this Agreement.
h) Submit Plans to the Department for review prior to obtaining materials or performing any
work.
3. Both Parties agree:
a. Only those costs associated with the approved Project construction are eligible for
reimbursement.
b. Any third-party retained by the County to perform work under this Agreement shall be
responsible for compliance with all terms and conditions of this Agreement.
c. To maintain a full accounting of all actual expenses associated with the terms of this
Agreement, including in-kind and match costs.
B. Conditions.
1. Other Agreements. This Agreement in no way restricts the Parties from participating with other
public and private agencies, organizations, and individuals or from accepting contributions for the
completion of the Project as described.
2. Modification. Modification within the scope of this Agreement shall be made by mutual consent
of the Parties by the issuance of a written amendment, signed and dated by both Parties, prior to
any changes being performed. The Parties are not obligated to fund any changes not approved in
advance.
Collection Agreement Re: Boating Facilities Agreement for Lake Pleasant Regional Park’s Agua Fria Conservation Area Boating Facilities Improvements
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3. 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.
4. Termination for Conflict of Interest. This Agreement is subject to termination pursuant to A.R.S.
§ 38-511.
5. Remedies.
a. The Department may temporarily suspend funding assistance under this Agreement
pending required corrective action by the County or pending a decision to terminate this
Agreement by the Commission by notifying the County in writing. Whenever one Party
to this Agreement in good faith has reason to question the other Party’s intent to perform,
the Party may demand that the other Party give a written assurance of this intent to perform.
In the event that a demand is made and no written assurance is given within thirty (30)
days, the demanding Party may treat this failure as anticipatory repudiation of the
Agreement and terminate the Agreement.
b. Upon thirty (30) days written notice to the other Party to this Agreement, the Commission
or County may terminate this Agreement before Project completion. The County shall not
incur new obligations for the terminated portion of this Agreement after the effective date.
c. In the event that the County fails to comply with the terms and conditions of the Agreement,
the Department or the Commission may pursue any legal remedies available under
applicable State or Federal law in order to seek recovery of funds expended to implement
the Scope of Work under this agreement.
d. The remedies expressed in this Agreement are not intended to limit the rights of the
Department, the Commission, or the County, and shall not in any way abridge, defer, or
limit the rights of the Department, the Commission, or the County, or remedies under law
or defenses under applicable law.
e. Nothing in this Agreement shall be construed as obligating the Department or the
Commission in the expenditure of funds or as involving the Department or the Commission
in any contract or other obligation for the future payment of money in excess of
appropriations authorized by law and budgeted and approved by the Department or the
Commission.
6. Non-discrimination. In carrying out the terms of this Agreement, the Parties agree to comply with
State Executive Order 2009-09 and all other applicable Federal and State laws, rules and
regulations, including the Americans with Disabilities Act.
7. Arbitration. In accordance with A.R.S. § 12-1518, the Parties agree to resolve all disputes arising
out of or relating to this Agreement through arbitration, after exhausting applicable administrative
review except as may be required by other applicable statutes.
8. Effective Date and Duration. This Agreement shall be effective upon execution by both Parties
and shall expire on June 30, 2040 with a fifty (50) year renewal option, commensurate with the
Recreational Management Agreement between the County and United States Department of
Interior’s Bureau of Reclamation #9-07-30-L-0298, which is attached hereto as Exhibit A.
Collection Agreement Re: Boating Facilities Agreement for Lake Pleasant Regional Park’s Agua Fria Conservation Area Boating Facilities Improvements
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Notwithstanding the foregoing, the County shall expend the funds and the Commission shall
reimburse the funds hereunder not later than June 30, 2025.
9. Assign Contractual Responsibility. This Agreement shall inure to the benefit of and is binding on
the Parties, their successors and assigns, and may not be assigned without the consent of the
Department. The County may only assign this Agreement to another eligible party if a change
occurs in control of management rights of Lake Pleasant Regional Park.
10. Audit. In accordance with 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. Upon request,
a Party shall produce the original of all such records.
11. Records Retention. In accordance with A.R.S. § 41-151.12 and records retention schedule GS
1018, all books, accounts, reports, files, electronic data, and other records relating to this
Agreement shall be kept for six (6) years after completion of this Agreement.
12. Compliance with Applicable Law. All work performed pursuant to this Agreement shall be in
compliance with all applicable state and federal laws and regulations.
13. Severability. The Parties agree that should any portion of this Agreement be held to be invalid,
illegal, or unenforceable, the remainder of this Agreement shall remain in full force and effect and
shall be binding upon the Parties.
14. Notices. The principal contacts for this Agreement are:
County Project Contact
Department Project Coordinator
Operations Manager
Maricopa County Parks and Recreation Dept.
41835 N. Castle Hot Springs Rd.
Morristown, AZ 85342
Boating Facilities Engineer (SSDV)
Arizona Game and Fish Department
5000 W. Carefree Hwy.
Phoenix, AZ 85086
Phone: 602-506-9502
Phone: 623-236-7478
FAX: 928-372-8596
FAX: 623-236-7327
E-Mail: Jennifer.waller@maricopa.gov
E-Mail: gbleyl@azgfd.gov
Administrative Contact
Department Administrative Contact
Contract Administrator
Maricopa County Parks and Recreation Dept.
41835 N. Castle Hot Springs Rd.
Morristown, AZ 85342
Branch Chief (SSDV)
Arizona Game and Fish Department
5000 W. Carefree Hwy.
Phoenix, AZ 85086
Phone: 602-506-9511
Phone: 623-236-7484
FAX: 928-372-8596
FAX: 623-236-7327
E-Mail: emily.miller@maricopa.gov
E-Mail: ccantrell@azgfd.gov
C. Approval.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the
date of the last signature below.
Collection Agreement Re: Boating Facilities Agreement for Lake Pleasant Regional Park’s Agua Fria Conservation Area Boating Facilities Improvements
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Chair of the Board of Supervisors,
Maricopa County, a political subdivision of the State of Arizona
Date
ATTEST:
______________________________________
Date: ___________________
Clerk of the Board
APPROVED AS TO FORM:
______________________________________
Date: ___________________
Deputy Attorney Maricopa County
Doug Cummings, Assistant Director, Special Services Division
Date
Arizona Game and Fish Department