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HomeMy WebLinkAboutResolution 2003-023 agreement with the national park serviceMARANA RESOLUTION NO. 2003-23 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, APPROVING AN INTER-GOVERNMENTAL AGREEMENT (IGA) WITH THE NATIONAL PARK SERVICE (NPS) WHEREBY THE TOWN AGREES TO ADOPT THE NPS'S COMPREHENSIVE MANAGEMENT AND USE PLAN (CMP) AND AGREES TO PARTICIPATE IN THE CERTIFICATION OF SEGMENTS OF THE JUAN BAUTISTA DE ANZA NATIONAL HISTORIC TRArL (ANZA TRAIL) WITHIN THE TOWN'S JURISDICTION. WHEREAS, the Town of Marana and the NPS have the authority to enter into agreements that a re mumally beneficial a nd i n t he interest o f t he public through t he National Trails System Act and the Arizona Revised Statutes; and WHEREAS, the Town of Marana as well as other local, state, and federal agencies and jurisdictions cooperated in the formulation of the CMP and inter-governmental responsibilities listed therein; and WHEREAS, the Mayor and Council have determined the benefit in the federal certification and marking of the Anza Trail and realize the CMP conforms with those policies previously adopted by the Mayor and Council concerning the Anza Trail's preservation, administration, and management; and WHEREAS, the Mayor and Council have determined that approval of this IGA, is in the best interests of the residents of the Town and the historic integrity of the Anza Trail. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the T own o f Marana, Arizona; that the IGA, between the Togm and the NPS regarding the Anza Trail, attached hereto as Exhibit A and incorporated herein by this reference, and all of its components are hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 1st day of April 2003. ~ON, JR. ATTEST: /6/6celyn C. ~.Jonson, TotXrn Cl~rk Marana R~oation ilo. 2003-23 APPROVED AS TO FORM: Daniei~ As Town Attorney and not personally Marana Resolution No. 2003-23 Agreement No. DRAFT AGREEMENT Between the NATIONAL PARK SERVICE and the TOWN OF MARANA, ARIZONA This Agreement is entered into by and between the National Park Service, U.S. Department of the Interior ("N'PS"), and the To,wu of Marana, Arizona ("Town"). ARTICLE 1 -BACKGROUND AND OBJECTIVES The Juan Bautista de Anza National Historic Trail (" Trail"), a 1200-mile trail authorized by Congress as a component of the National Trails System in 1990, is administered by the NPS. The National Trails System Act places heavy emphasis on cooperation w/th federal, state, and local land managing agencies and nonprofit groups to mark and interpret the trail. The Comprehensive Management and Use Plan ("CMP") for the Trail, dated April 1996, outlines objectives and practices to be observed in the management of the Trail and identifies significant potential Trail components, procedures for nonfederal certification, and the process to mark the Trail. The Trail within the Town is recognized in the Pima County Comprehensive Plan, Regional and Special Area Plan Policies, October 1992, and in the Eastern Pima County Trail System Master Plan; and is fully described in the Master Plan for Pima County, Arizona Seg'ment duan Bautista de Anza National Historic Trail approved by the County Board of Supervisors in December 2002. The objective of this Agreement is to cooperate with one another for the mutual benefit of NPS and the Town and for the general benefit of the people of the United States and future generations through enhancement of public access to and awareness of the Juan Bautisra de Anza National Historic Trail. ARTICLE II - AUTHORITY The authority for this Agreement is the National Trails System Act 16 USC § 124 i- 1252. ARTICLE III -- STATEMENT OF WORK A. The NPS and the Town mutually agree to: i. Establish individual coordinators within each administering agency for Trail administration activities. AGREEMENT between NPS and Town of Mama I January 3, 2003 2. Adopt the Juan Bautista de Anza National Historic CMP and manage the trail's resources as appropriate and feasible. 3. Keep each other informed and consult periodically on management problems pertaining to the Trail. Subject to the availability of funds and personnel, provide assistance at the request of either party for the planning and development of facilities, acquisition of land, and the administration of the Trail. B. NPS agrees to: I. Provide the Town with Trail markers in accordance with the marking program established in the CMP. 2. Upon request and as funds permit, provide technical assistance for planning access, protection, facilities, interpretation, and other aspects of management of the Trail. Assist, as possible, private landowners and nonfederal managing entities with cultural resource compliance assistance (i.e., National Historic Preservation Act of 1966, as amended, sections 106 and 110) and natural resource compliance assistance, including on-site technical evaluations and reviews of plans, desig-ns, and mitigation measures. 4. Support efforts that promote the Trail as ~ single, integrated system. 5. Review Attachment A (Town of Marana Certified Trail Segments) as appropriate to revise and update with Trail segments submitted by Town for certification. C. The Town agrees to: I. Submit Trail segments, as they become available for public use, for review and certification by NPS. Mark the Trail, as segments within Town jur/sdiction are completed, with markers furnished by the NPS, and maintain the Trail markers erected. Administer, manage, protect, and maintain Trail sites and segments within Town jurisdiction in accordance with the purpose of the Trail and the CMP. Recommend appropriate Town facilities to house NPS interpretive media or to receive NPS technical assistance. Assist, as possible, private landowners and nonfederal managing entities with cultural resource compliance assistance and natural resource compliance assistance, including on- site tech.rfical evaluations and reviews of plans, desig-ns, and mitigation measures. AGREEMENT between NPS and Town of Marana 2 January 3, 2003 Seek cooperative agreements with owners of those private lands within the Trail corridor adjoining certified Town-owned sites and segments where necessary to ensure adequate protection for public access. ARTI{JLE IV -- TERM OF AGREEMENT This Agreement will remain in effect for five years, beginning on the date of the last signature below. This Agreement may be renewed upon mutual agreement between the Parties. ARTICLE V -- KEY OFFICIALS A. Key officials are essential to ensure maximum coordination and communication between the parties and the work being performed. They are For the NPS Meredith Kaplan, SUperintendent Juan Bautista de Anza National Historic Trail 1111 Jackson Street, Suite 700 Oakland, CA 94607 Telephone: 510-817-1438 Email: mereclith_kaplan~nps.gov 2. For the Town ARTICLE VI -- PRIOR APPROVAL Any use of the official Trail marker for other than marking certified trail sites and segments shall be approved by the NPS. The NPS will provide the Town with digital files for the marker. ARTICLE VII - REPORTS AND/OR OTHER DELIVEIL4.BLES Not applicable ARRTICLE VIII -- PROPERTY UTILIZATION Not applicable AGREEMENT between NPS and Town of Marana 3 January 3, 2003 ARTICLE IX -- MODIFICATION AND TERMINATION A. Modifications to this Agreement may be proposed by either Party and shall become effective upon written approval by both parties. B. This Agreement may be terminated upon 60 days advance written notice given by one of the parties to the other, or it may be terminated earlier by mutual consent of both Parties. ARTICLE X -- STANDARJ3 CLAUSES A. Civil Rights · During'the performance of this Agreement, the cooperators agree to abide by the terms of Executive Order 11246 on nondiscrimination and will not discriminate against any person because of race, color, religion, age, sex, or national origin. The cooperators will take affirmative action to ensure that applicants are empl6yed without regard to their race, color, religion, age, sex, or national origin. No otherwise qualified individual will be denied access to a program or activity solely on the basis of a handicap. B. Promotions. The Tovm w/il not publicize or otherwise circulate promotional materials (such as advertisements, sales brochures, press releasesj speeches, still and motion pictures, articles, manuscripts, or other publications) which state or imply governmental, departmental, bureau, or government employee endorsement of a product, service, or position which the Museum represents. No release of information relating to this Agreement may state or imply that the government approves of the Town's work product or considers the Town's work product to be superior to other products or se~'ices. C. Public Information Release 1. Public Information (a) The Town ,,viii ensure that all information submitted for publication or other public releases of information regarding th.is project will carry the following disclaimer: "The views and concl~ions contained in this document are those of the authors and should not be interpreted as representing the opinions or policies of the U.S. Government. Mention of trade names or commercial products does not constitute their endorsement by the U.S. Government." (b) The Town will obtain prior NPS approval from the regional public affairs office for any public information release that refers to the Department of the Interior, any bureau or employee (by name or title), or th. is Agreement. The specific text, layout, AGREEMENT between NPS and Town of Marana 4 Januar)' 3, 2003 photographs, etc., of the proposed release must be submitted to the key official, who will forward such materials to the punic affairs office, along with the request for approval. _Publications of Results of Studies No party will unilaterally publish a joint publication without consulting the other party. This restriction does not apply to popular publication of previously published technical matter. Publications pursuant to the Agreement may be produced independently or in collaboration with others; howev~, in all cases proper credit will be given to the efforts of those parties contributing to the publication In the event no agreement is reached concerning the manner of pub. lication or interpretation of results, either party may publish data after due notice and submiision of the proposed manuscripts to the other. In such instances, the party publishing the data will give due credit to the cooperation but assume full responsibility for any statements on which there is a difference of opinion. XI. SIGNATURES In wimess whereof, the parties hereto have executed this Agreement as of the last date written below: For the Nation'al Park Service ~.%r alTle Jonathan B. Jarvis Regional Director, Pacific West Region Date Name Date Meredith Kaplan >upenntend,.nt, Juan Bautista de Anza NHT For Town of Marana Name Title AGREEMENT between NPS and Town of Marana 5 January 3. 2003