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HomeMy WebLinkAbout12/19/2006 Blue Sheet Segment 2 Grant IGA with AZ Game and Fish TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: December 19,2006 AGENDA ITEM: I. 8 TO: MAYOR AND COUNCIL FROM: Keith Brann, P.E., Assistant Director of Public Works IT own Engineer AGENDA TITLE: 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. DISCUSSION In 2002, the Town began a Habitat Conservation Planning process to produce a Habitat Conservation Plan (HCP) to be submitted with an application for a Section 10 (a)(1)(b) Incidental Take Permit from the u.S. Fish and Wildlife Service. This permit allows a certain amount of "take" of endangered species for projects and land outlined in the HCP. In turn, the HCP outlines conservation strategies for these endangered species and various mitigation strategies to offset any "take" that does occur. In January 2003, the Town entered into an Intergovernmental Agreement for administration of a segment 1 grant from the U.S. Fish and Wildlife Service for Habitat Conservation Planning. A Preliminary Draft HCP was completed in September 2004 and the segment 1 grant was completed. Six species were covered, including the 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. Staff has laid the groundwork to continue the Habitat Conservation Planning process with the goal of producing a Final HCP by May 2009. The Town and the Arizona Game and Fish Commission applied for and received approval for a segment 2 grant from the u.S. Fish and Wildlife Service. The grant involves $110,000 of funding through Arizona Game and Fish with $150,000 in matching funds dedicated by the Town (over the course of 2.5 years). The money will be used to hire a consultant to assist with revising and writing future drafts of the HCP, reconvene advisory groups, conduct additional analysis on species-specific data, and request and incorporate public comments on HCP drafts and drafts of an Environmental Impact Statement. The Intergovernmental Agreement is needed to administer the segment 2 grant, and thus to continue with the Habitat Conservation Planning process. By completing an HCP, the Town will make great strides towards complementing other regional planning efforts such as the Sonoran Desert Conservation Plan and the City of Tucson's Habitat Conservation Plan (in progress). The Town contains unique natural resources within much of its undeveloped lands, and wildlife {OOOO3497.DOC /} Section 10 Consultation IGA - 1 - 1217120069:19 AM KB/FJC/kk associated with these areas. The HCP will conserve natural resources and cover the Town for any incidental "take" of endangered species during Capital Improvement Projects. ATTACHMENTS Intergovernmental Agreement between the Town of Marana and the Arizona Game and Fish Commission. RECOMMENDATION Staff recommends that the Council adopt Resolution No. 2006-212, approving and authorizing the mayor to execute an intergovernmental agreement with the Arizona Game and Fish Commission for administration of the u.s. Fish and Wildlife Service segment 2 grant for Habitat Conservation Planning. SUGGESTED MOTION I move to adopt Resolution No. 2006-212. {OOO03497.DOC I} Section 10 Consultation IGA - 2 - 12/7/20069:19 AM KB/FJC/kk 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. ~ 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 Arizona Game and Fish Commission is authorized under A.R.S. ~ 17-231(A)(2) to establish programs for the management, preservatioQ., and harvest of wildlife, has statewide responsibility for wildlife management, and is authorized under A.R.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 be~t 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 of the segment 2 grant; and {00003496.DOC /} - 1 - 12/7/20069:12 AM KB/FJC/kk WHEREAS, the products to be developed over a 2.5 year time frame are: 1. A complete ESA Section 10(a)(I)(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, 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 Mar ana. 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 ofthe aforementioned intergovernmental agreement. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 19th day of December, 2006. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00003496.00C I} - 2 - 12/7/20069:12 AM KBIFJC/kk INTERGOVERNMENTAL AGREEMENT BETWEEN THE ARIZONA GAME AND FISH COMMISSION 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 established under ,^...R.S. Title 17 Chapter 2. 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 A.R.S. ~ 17-231(B)(7) 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. ~ 11-95~-l-S4 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- eared bat, 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 Intergovernmental Agreement AGFD - Town of Marana 11/9/2006 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 Department 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 ofthe 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 ofthis conservation planning effort are to: 1. Identify Federal, State Trust, County, Town, and private lands that merit inclusion within a scientifically-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; Contribute to regional conservation plar.ning efforts in eastern Pima Col:lflty; and 4. Contribute to regional conservation planning efforts in eastern Pima County; and - 2 - Intergovernmental Agreement AGFD - Town of Marana 11/9/2006 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 Arizona Game and Fish 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)(I)(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, and 3. A draft implementation agreement; and NOW THEREFORE, the parties agree as follows: A. The Town of Marana agrees to: 1. Accomplish the following tasks and deliverables in accordance with the Deliverable Schedule presented at the end of Section A.l. Tasks are broken out separately by those required to complete the MSHCP and those required to satisfy NEP A, 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 ofthe MSHCP. d) Finalize the Tortolita Pan OyerlayTortolita Fan Overlav 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. - 3 - Intergovernmental Agreement AGFD - Town of Marana 11/9/2006 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 19. h) Incorporate public comment into final EIS. (Deliverable 11) - 4 - Intergovernmental Agreement AGFD - Town of Marana 11/9/2006 DELlVERABLESCBEDULE Deliverable Due Date 1. Federal Register EIS Scoping Notice 4/1512007 2. 2nd 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 EISfor Stakeholder and 9/3012008 Interagency Review 7. Draft EIS for Public Review 8. 3rd Draft MSHCP for Public Review 12/1512008 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 - 5 - Intergovernmental Agreement AGFD - Town of Marana 11/912006 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 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. T bl A 3 P a e . a. r02ress epor c e u e Progress Report Reporting Period Progress Report Due Date 1 IGA signature date - 4/15/2007 5/1512007 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 10/3012008 6 10/1/2008 - 12/15/2008 1/1412009 7 12/16/2008 - 3/31/2009 4/3012009 8 4/1/2009 - 5/31/2009 5/31/2009 R tShdl T bl A 3b C t I dD . R P . d a e . . os s ncurre urm2 eportin2 eno Allowable Cost Description: Reimbursable Expenses Town of Marana Match (not to exceed 42.3%) Town of Maran a Staff - Project Manager - GIS Analyst - Other Staff (list) Honorariums Consultant Biological Surveys Materials (printing, map production, equipment rental) Travel Training/W orkshops Total Costs for Reporting Period Total Cumulate Project Costs, including this Reporting Period - 6 - Intergovernmental Agreement AGFD - Town of Maran a 11/9/2006 T bl A 3 B d t a e . c. u l2e State Town Budget Item Share Share Total Town of MaranaStafflFacilitator $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 TrainingIW orkshops $846 $1,154 $2,000 Total Cost $110,000 $150,000 $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 final 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-B3. 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 Agrees 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. - 7 - Intergovernmental Agreement AGFD - Town of Maran a 11/9/2006 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 this Agreement as an Appendix. 2. Either party may terminate this Agreement upon sixty (60) days written notice to the other party. Upoll 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,~ 85653-7003 With a copy to: Frank Cassidy Town Attorney 11555 W. Civic Center Dr. Marana ~ 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, ~ 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 - 8 - Intergovernmental Agreement AGFD - Town of Marana 11/912006 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 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 - 9 - Intergovernmental Agreement AGFD - Town of Marana 11/9/2006 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. 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 MUNICIP AL CORPORATION By: Ed Honea, Mayor Date: ATTEST: Jocelyn C. Bronson, Clerk Date: THE ARIZONA GAME AND FISH COMMISSION By: Duane L. Shroufe Secretary to the Commission and Director, Arizona Game and Fish Department Date: - 10 - Intergovernmental Agreement AGFD - Town of Marana 11/9/2006 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. Frank Cassidy Town Attorney Shelley Cutts Assistant Attorney General - 11 -