HomeMy WebLinkAboutResolution 2006-212 IGA with arizona game & fish commission for segment 2 grant
MARANA RESOLUTION NO. 2006-212
RELATING TO ENVIRONMENTAL RESOURCE PRESERVATION; APPROVING AND
AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT
WITH THE ARIZONA GAME AND FISH COMMISSION FOR ADMINISTRATION OF A
SEGMENT 2 GRANT FROM THE U.S. FISH AND WILDLIFE SERVICE SECTION 6
COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND FOR HABITAT
CONSERVATION PLANNING.
WHEREAS, the Town of Marana is authorized under A.R.S. S 9-461, to exercise the
powers of the Town for general municipal purposes, such as planning, zoning, and parks,
including habitat conservation planning, and is authorized under A.R.S. S 11-952 to enter into
this Agreement; and
WHEREAS, the Arizona Game and Fish Commission is authorized under A.R.S.
S 17-231(A)(2) to establish programs for the management, preservation, and harvest of wildlife,
has statewide responsibility for wildlife management, and is authorized under A.R.S.
S 17-231 (B )(7) to enter into this Agreement; and
WHEREAS, the Town of Marana has initially identified six species to cover in its draft
Multi-Species Habitat Conservation Plan (MSHCP) including the endangered lesser long-nosed
bat, the cactus ferruginous pygmy-owl, the western burrowing owl, the Pale Townsend's big-
eared bat, the ground snake, and the Tucson shovel-nosed snake; and
WHEREAS, the Mayor and Council of the Town of Marana believes it to be in the best
interests of the public to enter into the intergovernmental agreement, and desires to complement
other regional planning efforts intended to sustain the ecological integrity of natural ecosystems
and the human and economic values they support by establishing a collaborative conservation
planning effort within the Tortolita Mountains/Fan area; and
WHEREAS, the Commission and the Town entered into an Intergovernmental
Agreement (lGA) for a segment 1 grant from the U.S. Fish and Wildlife Service Endangered
Species Act (ESA) Section 6 Cooperative Endangered Species Conservation Fund for Habitat
Conservation Planning, which became effective on January 21,2003, was amended on March 18,
2003, and terminated on June 30, 2004; and
WHEREAS, the Department and the Town applied and received approval for a segment 2
grant from the U.S. Fish and Wildlife Service Section 6 Cooperative Endangered Species
Conservation Fund for Habitat Conservation Planning, and the Commission and the Town are
entering into the subject IGA for the administration ofthe segment 2 grant; and
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WHEREAS, the products to be developed over a 2.5 year time frame are:
1. A complete ESA Section lO(a)(1)(B) permit application, including Final MSHCP
for the Town, that includes recommendations of opportunities for coordinated,
multi-jurisdictional conservation measures for the planning area,
2. Associated National Environmental Policy Act (NEP A) documentation,
3. A draft implementation agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, that the intergovernmental agreement between the Town of
Marana and the Arizona Game and Fish Commission, attached to and incorporated by this
reference in this resolution as Exhibit A is hereby approved, and the Mayor is hereby authorized
and directed to execute it for and on behalf of the Town of Marana.
IT IS FURTHER RESOLVED that 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 aforementioned intergovernmental agreement.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 191h day of December, 2006~
Ma!:Lonea
ATTEST:
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Z ~~~NTERGOVERNMENTAL AGREEMENT
- - ' - BETWEEN THE
,~`~~ - "` ~``'~ `~"` y ~ _ ARIZONA GAME AND FISH COMMISSION
dye AND
THE TOWN OF MARANA
This Intergovernmental Agreement is made pursuant to A.R.S. § 11-952(A), between the
Arizona Game and Fish Commission (Commission), a State agency, and the Town of Marana
(Town), an Arizona municipal corporation. The terms "Department" and "Director" shall mean
the Arizona Game and Fish Department and its Director, acting as administrative agent for the
Commission.
WHEREAS, the Commission is authorized under A.R.S. § 17-231(A)(2) to establish
programs for the management, preservation, and harvest of wildlife, has statewide responsibility
for wildlife management, and is authorized under ARS 17-231(B)(7) and 11-951-54 to enter into
this Agreement; and
WHEREAS, the Town of Marana is authorized under A.R.S. § 9-461, to exercise the
powers of the Town for general municipal purposes, such as planning, zoning, and parks,
including habitat conservation planning, and is authorized under A.R.S. § 11-952 to enter into
this Agreement; and
WHEREAS, the Town of Marana in southern Arizona, including its annexation of
21,500 acres of State Trust lands along the Tortolita Fan, contains unique natural resource values
within much of its undeveloped lands, including ironwood-dominated Arizona Upland and
xeroriparian plant communities along the bajadas (fans) and slopes of the Tortolita Mountains
and portions of the Santa Cruz River Corridor; and
WHEREAS, the Town of Marana has initially identified six species to cover in its draft
Multi-species Habitat Conservation Plan (MSHCP) including the endangered lesser long-nosed
bat, the cactus ferruginous pygmy-owl, the western burrowing owl, the Pale Townsend's big-
earedbat, the ground snake, and the Tucson shovel-nosed snake; and
WHEREAS, a portion of the Santa Cruz River that flows through the Town of Marana is
currently perennial (effluent-fed) and riparian obligate species could benefit from ecological
restoration of the river corridor; and
WHEREAS, the Town of Marana is committed to participate in regional ecological
restoration projects along the Santa Cruz River corridor, and therefore will re-evaluate covering
additional species in its MSHCP, including the endangered southwestern willow flycatcher,
endangered Gila chub, endangered Gila topminnow, threatened Chiricahua leopard frog,
candidate western yellow-billed cuckoo, and Mexican garter snake; and
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AGFD -Town of Marana 12/9/2006
WHEREAS, the Mayor and Council of the Town of Marana believe it to be in the best
interests of the public to enter into the intergovernmental agreement; and desires to complement
other regional planning efforts intended to sustain the ecological integrity of natural ecosystems
and the human and economic values they support by establishing a collaborative conservation
planning effort within the Tortolita Mountains/Fan area; and
WHEREAS, the Commission and the Town desire to continue cooperating on a planning
effort that will lead to the development of a final MSHCP for the Tortolita Mountains and all
surfaces draining away from them and inclusive of the full boundaries of the Town of Marana,
considering also connectivity issues associated with nearby mountain ranges, such as the
Tortolita and Tucson Mountains, and the Santa Cruz River aquatic/riparian/floodplain corridor;
and
WHEREAS, the Commission and the Town entered into an Intergovernmental
Agreement (IGA) for a segment 1 grant from the U.S. Fish and Wildlife Service Endangered
Species Act (ESA) Section 6 Cooperative Endangered Species Conservation Fund for Habitat
Conservation Planning, which became effective on January 21, 2003, was amended on March
18, 2003, and terminated on June 30, 2004; and
WHEREAS, the Department and the Town applied and received approval for a segment
2 grant from the U.S. Fish and Wildlife Service Section 6 Cooperative Endangered Species
Conservation Fund for Habitat Conservation Planning, the Commission and the Town are
entering into the subject IGA for the administration of the Segment Two grant; and
WHEREAS, a Stakeholder Working Group, composed of a group of affected citizens,
members of other local jurisdictions, and concerned environmental groups, was formed during
Segment 1 of the MSHCP planning process, and support the planning process; and
WHEREAS, a Technical Biology Team, composed of biologists, botanists, and other
environmental professionals, was formed during Segment 1 of the MSHCP planning process, and
support the planning process and goals of this conservation planning effort; and
WHEREAS, the overall goals of this conservation planning effort are to:
1. Identify Federal, State Trust, County, Town, and private lands that merit inclusion
within ascientifically-based conservation reserve designed to provide long-term
protection for multiple species of concern and key natural communities;
2. Identify appropriate mechanisms to best conserve these lands over the long-term;
3. Provide for regional economic objectives including the orderly and efficient
development of certain private and State Trust lands as well as proposed Capital
Improvement Projects including activities such as roadway improvements, park
and trail improvements, infrastructure improvements, utility improvements,
airport improvements, and maintenance; and
4. Contribute to regional conservation planning efforts in eastern Pima County; and
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5. Facilitate compliance with Federal Endangered Species Act (ESA) Section
10(a)(1)(b) permit requirements; and
WHEREAS, the Arizona Game and Fish Department, acting on behalf of the
Commission and the Town of Marana, applied for and received approval of an Assistance Grant
from the U.S. Fish and Wildlife Service ESA Section 6 Cooperative Endangered Species
Conservation Fund for Habitat Conservation Planning; and
WHEREAS, the products to be developed over a 2.5-year time frame are:
1. A complete ESA Section 10(a)(1)(B) permit application, including Final MSHCP
for the Town, that includes recommendations of opportunities for coordinated,
multi jurisdictional conservation measures for the planning area,
2. Associated National Environmental Policy Act (NEPA) documentation, and
3. A draft implementation agreement; and
NOW THEREFORE, the parties agree as follows:
A. The Town of Marana a reg es to:
1. Accomplish the following tasks and deliverables in accordance with the Deliverable
Schedule presented at the end of Section A.1. Tasks are broken out separately by those
required to complete the MSHCP and those required to satisfy NEPA, respectively, but
will be completed concurrently as required.
Task 1: MSHCP Revision and Completion
a) Re-establish the Stakeholder Working Group and Technical Biology Team for
Segment 2 of the MSHCP planning process.
b) Re-evaluate riparian obligate species for coverage under the HCP, including
endangered southwestern willow flycatcher, endangered Gila chub, endangered Gila
topminnow, threatened Chiricahua leopard frog, candidate western yellow-billed
cuckoo, and Mexican garter snake.
c) Address stakeholder and agency comments on the first draft of the MSHCP.
d) Finalize the Bajada Environmental Resource Overlay District as well as other interim
development policies in and out of the Town for the MSHCP. Coordinate with
Federal, State, and local governmental agencies to evaluate the feasibility of
alternative habitat conservation planning implementation approaches, including
coordination of draft MSHCP measures with existing plans and on-going regional
planning efforts.
e) Develop a second draft of MSHCP (Deliverable 2) and submit for stakeholder and
interagency review.
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f) Prepare 3rd draft of MSHCP (Deliverable 8) that incorporates agency comments and
submit for public review.
g) Gather and summarize public comment on the draft MSHCP (Deliverable 10). This
will be done concurrently with Task 2f.
h) Prepare Final MSHCP (Deliverable 12).
Task 2: NEPA Process
a) Initiate the Scoping process to identify the range of proposed actions, alternatives,
environmental elements and impacts, and mitigation measures to be analyzed in the
Environmental Impact Statement (EIS). Prepare and submit Scoping Notice
(Deliverable 1) to Federal Register and other media as appropriate.
b) Decide if the Town wants to hold a public EIS scoping meeting and conduct as
needed. Prepare Comments on public scoping process (Deliverable 4), regardless of
whether a public meeting was held or not.
c) Develop first preliminary draft EIS for stakeholder and interagency review
(Deliverable 5) that identifies the affected environment and its limits, identifies and
objectively evaluates the preferred alternative, no-action alternative, and all other
reasonable alternatives.
d) Incorporate agency and working group comments on first preliminary draft EIS to
complete second preliminary draft EIS for stakeholder and interagency review
(Deliverable 6).
e) Incorporate stakeholder and agency comments on second preliminary draft EIS into
draft EIS for public review (Deliverable 7).
f) Prepare Federal Register notice of availability of the draft EIS and MSHCP
(Deliverable 9), including schedule of public hearing if the date, time, and location.
g) Hold public hearing within the 90-day comment period required for an HCP. The
comment period begins the day the notice of availability of the draft EIS was
published in the Federal Register. A Court reporter shall be present to collect and
transcribe public comments at the hearing.
i) Gather and summarize public comment on the draft EIS (Deliverable 10). This will
be done concurrently with Task 1 g.
h) Incorporate public comment into final EIS. (Deliverable 11)
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DELIVERABLE SCHEDULE
12/9/2006
Deliverable Due Date
1. Federal Register EIS Scoping Notice 4/15/2007
2. 2" Draft MSHCP for Stakeholder and Interagency 10/31/2007
Review
3. Summary of Stakeholder and Interagency Comments
on 2nd Draft MSHCP 3/31/2008
4. Summary of EIS Public Scoping Comments
5. First Preliminary Draft EIS for Stakeholder and 6/30/2008
Interagency Review
6. Second Preliminary Draft EIS for Stakeholder and 9/30/2008
Interagency Review
7. Draft EIS for Public Review
8. 3rd Draft MSHCP for Public Review 12/15/2008
9. Federal Register Notice for Public Review of
MSHCP and EIS
10. Summary of Public Comments on MSHCP and EIS 3/31/2009
11. Final EIS
12. Final MSHCP 5/31/2009
2. Hire a third party contractor as needed to complete subtasks described in A.1 that fulfill
the NEPA requirements for the MSHCP and coordinate these tasks with the U.S. Fish and
Wildlife Ecological Services Office in Tucson, Arizona, in accordance with 40 CFR Parts
1500-1508 and USFWS regulations.
3. Submit progress reports in accordance with the progress report schedule presented in
Table A.3a. Each progress report shall include a task summary addressing work on
deliverables as well as submittal dates for deliverables completed, table of costs incurred
during the reporting period as depicted in Table A.3b, and invoice for reimbursement of
expenditures incurred during the reporting period. The final progress report and invoice
must be submitted with the final deliverables. Each reimbursement will not exceed 42.3%
of the total costs incurred during the corresponding reporting period. If additional costs
were incurred, they will be reimbursed in a subsequent reporting period when the match
ratio is met. Total reimbursements will not exceed $110,000 nor will they exceed
individual budget line items depicted in Table A.3c. Reimbursements will cover costs
incurred for a billing period starting the date this agreement is signed by all parties and
ending May 31, 2009. Final deliverables and invoices for this project must be provided to
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the Department no later than May 31, 2009. Adjustments to the deliverable schedule may
be made subject to written request from the Town of Marana and written approval from
the Department, as long as all work is completed no later than May 31, 2009.
Table A.3a. Progress Report Schedule
Progress
Report
Reporting Period
Progress Re ort Due Date
1 IGA signature date - 4/15/2007 5/15/2007
2 4/16/2007 - 10/31/2007 11/30/2007
3 11/1/2007 - 3/31/2008 4/30/2008
4 4/1/2008 - 6/30/2008 7/30/2008
5 7/1/2008 - 9/30/2008 10/30/2008
6 10/1/2008 - 12/15/2008 1/14/2009
7 12/16/2008 - 3/31/2009 4/30/2009
8 4/1/2009- 5/31/2009 5/31/2009
Table A.3b. Costs Incurred During Reporting Period
Allowable Cost Description: Reimbursable Expenses
(not to exceed 42.3 /o) Town of Marana Match
Town of Marana Staff
- Project Manager
- GIS Analyst
- Other Staff (list)
Honorariums
Consultant
Biological Surveys
Materials (printing, map
production, equipment rental)
Travel
Training/Workshops
Total Costs for Reporting
Period
Total Cumulate Project Costs,
including this Reporting
Period
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Table A.3c. Budget
12/9/2006
Bud et Item State
Share Town
Share
Total
Town of Marana Staff/Facilitator $61,778 $84,222 $146,000
Biology Team Honorariums $5,076 $6,924 $12,000
Planning Consultant $31,725 $43,275 $75,000
Biological Surveys $8,460 $11,540 $20,000
Materials $1,269 $1,731 $3,000
Travel $846 $1,154 $2,000
Training/Workshops $846 $1,154 $2,000
Total• Cost $110, 000 $1 S0, 000 $260, 000
4. Provide $150,000 match and documentation thereof to the planning effort for Segment 2
of the MSHCP process.
5. Make available to the Department for purposes of periodic and fmal audit or review those
records pertaining to approved projects that are needed for audit.
6. Comply with the requirements of Office of Budget Management Circulars A-87, A-102,
and A-133.
7. Assign a project coordinator who shall also facilitate the advisory group and coordinate plan
development.
8. Comply with any other requirement necessary to use ESA Section 6 funds.
B. The Department A regr es to:
1. Make payment to the Town of Marana upon submittal and approval of periodic reports
and any deliverables due in the corresponding period.
2. Provide advice and technical assistance, as the Department deems appropriate to the
habitat conservation planning effort.
3. Participate in technical and stakeholder advisory groups established by the Town to
develop conservation recommendations and their implementation.
C. General Provisions:
This Agreement shall be in effect when signed by all parties, and will terminate on May 31,
2009, unless modified or extended by mutual agreement of the parties.
1. Notwithstanding any of the provisions, this Agreement may be modified by mutual
agreement of the parties, and any such modification shall be in writing, and attached to
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this Agreement as an Appendix.
2. Either party may terminate this Agreement upon sixty (60) days written notice to the
other party. Upon notice of termination, neither party shall incur any further expense
subject to reimbursement under this agreement.
3. All written communication concerning this Agreement shall be delivered in person or
sent by registered, certified, or first class mail, postage prepaid, to the persons specified
as follows:
a. To the Town of Marana:
Mr. Michael Reuwsaat
Town of Marana
11555 W. Civic Center Dr.
Marana, AZ 85653-7003
With a copy to:
Frank Cassidy
Town Attorney
11555 W. Civic Center Dr.
Marana AZ 85653-7003
b. To the Department:
Mr. Bob Broscheid
Habitat Branch Chief
Arizona Game and Fish Department
2221 W. Greenway
Phoenix, AZ 85023
With a copy to:
Shelley Cutts
Assistant Attorney General
Arizona Game and Fish Department
2221 W. Greenway Rd.
Phoenix, AZ 85023
4. This Agreement shall be in effect when signed by all parties and filed with the Arizona
Secretary of State. This Agreement will terminate on May 31, 2009, unless extended by
written agreement between the parties thereto prior to the scheduled termination date.
5. In carrying out the terms, duties and obligations of the parties under this Agreement, the
parties agree to comply with Executive Order 99-4 prohibiting discrimination in
employment, the provisions of which are hereby incorporated by reference into this
Agreement for the purpose of this Agreement and no other purpose as if more fully set
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forth herein.
6. 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.
7. Pursuant to A.R.S. § 35-214, all books, accounts, reports, files, and other records
relating to this contract shall be subject at all reasonable times to inspection and audit by
the State for five years after completion of the contract.
8. To the extent required pursuant to A.R.S. § 12-1518, and any successor statues, the
parties agree to use arbitration, after exhausting applicable administrative reviews, to
resolve disputes arising out of this Agreement where not in conflict with Federal Law.
In any dispute arising under or as a result of this Agreement, its terms or provisions,
each party will bear its own attorneys' fees and neither party shall be responsible to pay
any portion of the costs, expenses or attorneys' fees of the other party.
9. All parties are hereby put on notice that this Agreement is subject to termination by the
Governor or by the Town of Marana in certain instances involving conflicts of interest
pursuant to A.R.S. § 38-511.
10. 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 Town and
any State employee, or between State and any Town 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.
11. This Agreement and all obligations upon State or Town arising therefrom shall be
subject to any limitation imposed by budget law. If for any reason the Federal
government, the State, or the Town Council do not appropriate or provide sufficient
monies for the purpose of maintaining this Agreement, this Agreement shall be deemed
to terminate by operation of law on the date of expiration of funding. In the event of
such cancellation, State and Town shall have no further obligation to the other party
other than for payment for services rendered prior to cancellation.
12. This Agreement in no way restricts either party from participating in similar activities
with other public or private agencies, organizations, or individuals.
13. All work performed pursuant to this Agreement shall be in compliance with all
applicable State and Federal laws and regulations.
14. 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 written
instrument executed by the parties and recorded with the Pima County Recorder.
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15. In the event that any provision, or any portion of any provision, of this Agreement, or
the application thereof, is held invalid, illegal or unenforceable, such invalidity,
illegality or unenforceability shall have no effect on the remaining portion of any
provision or any other provision, or their application, which can be given effect without
the invalid provision or application and to this end the provisions of this Agreement
shall be deemed to be severable.
~~,,
IN WITNESS WHEREOF, the Commission has caused this Agreement to be executed by the
Secretary of the Arizona Game and Fish Commission, and the Town has caused this Agreement
to be executed by the Mayor upon resolution of the Mayor and Council and attested to by its
Clerk.
THE TOWN OF MARANA, AN ARIZONA MUNICIPAL CORPORATION
By:
Ed Honea, Ma or
Date: (~' l / '' 0
ATT Date: l°2 -~ ~0,6
Jocel . Bro n, Clerk
THE
By:
Date: /~/Z~~~
Duane L. Shroufe yy1,~
Secretary to the Commission and
Director, Arizona Game and Fish Department
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ATTORNEY CERTIFICATION
The undersigned attorneys for the Town of Marana and the State of Arizona, each as to
their respective client only, that this Agreement is in proper form and is within the
powers and authority granted under Arizona law to the Town of Marana and the State of
Arizona.
Shelley Cutts
Assistant Attorney General
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