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HomeMy WebLinkAboutResolution 2011-041 agreement with arizona game and fish for wildlife studies and biological surveys MARANA RESOLUTION NO. 2011-41 RELATING TO THE ENVIRONMENT; APPROVING AND AUTHORIZING THE TOWN OF MARANA TO ENTER INTO AN INTER- AGENCY AGREEMENT WITH ARIZONA GAME AND FISH DEPARTMENT WILDLIFE STUDIES AND BIOLOGICAL SURVEYS WHEREAS the Town has a need for wildlife and land use information to fulfill its planning obligations under A.R.S. §9- 461.05; and WHEREAS the Parties with to cooperate in preserving the wildlife resources of the State through the identification and protection of wildlife movement corridors; and WHEREAS the Town has a need for services such as general wildlife studies, biological surveys, biological monitoring, technical report preparation, and recommendations; and WHEREAS the Mayor and Council find that the best interests of the Town of Marana and its citizens are served by the approval and execution of the agreement between the Town and the Arizona Game and Fish Department for wildlife studies and biological surveys. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the "Inter- agency Service Agreement between the Arizona Game and Fish Commission and the Town of Marana" attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, the Mayor is hereby authorized and directed to execute it for and on behalf of the Town of Marana, and the Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the agreement. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF HE TOWN OF MARANA, ARIZONA, this 5 day of April, 2011. Mayor Ea Honea ATTEST: OF1j��, cel . Bronson, Town Clerk co .. ism AS TO FORM: F nk Ca sidy, Town t ney i INTER - AGENCY SERVICE AGREEMENT BETWEEN THE ARIZONA GAME AND FISH COMMISSION AND THE TOWN OF MARANA This Inter - agency Service Agreement ( "ISA ") is entered into between the Arizona Game and Fish Commission ( "Commission ") and the Town of Marana ( "the TOWN ") (collectively "the Parties" and singularly "Party "). RECITALS WHEREAS, the Commission is authorized to enter into this ISA pursuant to A.R.S. § 17- 231(B)(7); WHEREAS, the Commission has statewide responsibility for the management and preservation of wildlife; WHEREAS, the Arizona Game and Fish Department ( "Department ") acts under the authority of the Commission; WHEREAS, the TOWN has a need for wildlife and land use information to fulfill its planning obligations under A.R.S. § 9- 461.05. WHEREAS, the Parties wish to cooperate in preserving the wildlife resources of the State through the identification and protection of wildlife movement corridors. NOW, THEREFORE, consistent with the foregoing Recitals, and for good and valuable consideration: 1. The Commission agrees that the Department shall: A. Study existing wildlife patterns pursuant to a written Scope of Work which has been mutually agreed upon by the TOWN and the Department. B. Provide for the TOWN to review and comment, and offer written information on potential locations for wildlife crossings, including the type of crossings and suggested features for each crossing. C. Consider and incorporate the TOWN's comments and provide final documents to the TOWN. D. Provide other services, such as general wildlife studies, biological surveys, biological monitoring, technical report preparation, and recommendations. E. Provide the TOWN with current and accurate information and data, as may be reasonable under the circumstances, for documenting study initiation, progress, and completion. F. Upon execution of a Scope of Work, submit a monthly invoice to the TOWN for reimbursement of time and materials utilized by the Department for the study, with the total reimbursement amount not to exceed the cost identified in the Scope of Work. G. Appoint a Project Manager to interface with the TOWN for each study. 1 of 5 H. Obtain Rights -of -Way permits for projects or studies that may be within the Town Rights -of -Way. 2. The TOWN shall: A. Issue a Task Order Authorization that specifies the funding source and timeline for the project after reviewing the Scope of Work. B. Remit monthly payments to the Department for study costs associated with an approved Scope of Work, upon receipt and approval of a monthly invoice from the Department. C. Appoint a Project Manager to interface with the Department for each study. D. Review study documents and provide written comments to the Department, as necessary, through the completion of the Scope of Work and acceptance of the study. E. Waive Rights -of -Way permit fees for the Department for projects requested by the TOWN. 3. The Parties mutually agree:: A. To cooperate in the development of an acceptable Scope of Work for each study project which the TOWN wishes the Department to perform. Said Scope of Work shall identify study deliverables, an implementation schedule, and the approved cost. 4. Effective Date and Duration. This ISA is effective as of the last signature date below, and expires five (5) years from that date, unless terminated earlier by the Parties. This ISA may be extended for additional terms through the issuance of a written modification, signed, and dated by all Parties. 5. Termination Generally. Either Party may terminate this ISA upon thirty (30) days' written notice to the other Party. Upon termination, all work performed pursuant to this ISA shall cease. The TOWN shall be liable for payment to the Department for that work and materials, as stated in the Statement of Work, which was performed by the Department up to the date of termination. 6. Notices. All written notices concerning this ISA shall be delivered in person or sent by certified mail, return receipt requested, to the Parties as follows: A. For the Commission: Larry D. Voyles, Director 5000 W. Carefree Highway Phoenix, Arizona 85086 B. For the TOWN: Gilbert Davidson Town Manager 11555 W. Civic Center Drive Marana, Arizona 85653 7. Non - discrimination. In carrying out the terms of this ISA, the Parties agree to comply with Executive Order 99 -4 prohibiting discrimination in employment, the provisions of which are incorporated herein by reference. 2of5 8. Audit. Pursuant to A.R.S. § 35 -214, all books, accounts, reports, files, electronic data, and other records relating to this ISA shall be subject at all reasonable times to inspection and audit by the State of Arizona for five (5) years after completion of this ISA. 9. Arbitration. To the extent required pursuant to A.R.S. § 12 -1518, the Parties agree to use arbitration to resolve any dispute arising under this ISA, with each Party to bear its own attorneys' fees and costs. Unless otherwise directed by a court, court rules or state statute, any arbitration or other dispute resolution proceeding shall take place in Pima County, Arizona. 10. Termination for Conflict of Interest. This ISA is subject to termination pursuant to A.R.S. § 38 -511. 11. Termination for Non - Availability of Funds. Every obligation of the Parties under this ISA is conditioned upon the availability of funds appropriated or allocated for the payment of such obligation. If funds for the continuance of this ISA are not allocated or are not available, this ISA 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 ISA other than for payment of services rendered prior to the expiration of funding. 12. Other Agreements This ISA in no way restricts either Party from participating in similar activities with other public or private agencies, organizations, or individuals. 13. Compliance with Applicable Law. All work performed pursuant to this ISA shall be in compliance with all applicable state and federal laws and regulations. 14. Integration. This ISA constitutes the entire agreement between the Parties pertaining to the subject matter herein and accurately sets forth the rights, duties, and obligations of each Party. All prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. The agreed upon Scope of Work shall be made a part of this agreement and is incorporated herein by reference. The provisions of this ISA may be abrogated, modified, rescinded, or amended in whole or in part only by mutual written consent executed by the Parties. 15. Severability. In the event that any provision of this ISA or portion thereof is held invalid, illegal, or unenforceable, such provision or portion thereof shall be severed from this ISA and shall have no effect on the remaining provisions of this ISA, which shall remain in full force and effect. 16. No Partnership or Joint Agency. Nothing in this ISA shall be construed to create any partnership or joint agency relationship between the Department and the TOWN. 17. Immigration Laws As mandated by A.R.S. § 41 -4401, the Parties are prohibited after September 30, 2008, from awarding a contract to any contractor or subcontractor that fails to comply with A.R.S. § 23- 214(A). The Parties must also ensure that every contractor and subcontractor complies with federal immigration laws and regulations that relate to their employees and A.R.S. § 23- 214(A). Therefore, in signing or performing any contract, the Parties fully understand that: 3 of 5 1. The Parties warrant that they and any subcontractors they may use will comply with all federal immigration laws and regulations that relate to their employees and their compliance with A.R.S. § 23- 214(A). 2. A breach of the warranty described in subsection (1), shall be deemed a material breach of the contract that is subject to penalties up to and including termination of the contract. 3. The Parties retain the legal right to inspect the papers of any employee who works on the contract to ensure that the contractor or subcontractor is complying with the warranty under subsection (1). IN WITNESS WHEREOF, the Parties hereto have executed this ISA as of the last signature date below: TOWN OF MARANA Ed Honea Mayor Ll-s -i/ Date ARIZONA GAME AND FISH COMMISSION La D. V es Director, Arizona Game and Fish Department L �/& -// Date 4of5 j S f ATTORNEY CERTIFICATION The foregoing Inter - Agency Service Agreement by and between the Town of Marana and the Arizona Game and Fish Commission has been reviewed pursuant to A.R.S. § 11 -952 by the undersigned who have determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to those Parties to the Inter - Agency Service Agreement.. Town of Marana: z F a Cass' , Attorney fo e TOWN Date Arizona Game and Fish Department: Jim Odenkirk, Attorney for the Department Date 5 of 5