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HomeMy WebLinkAbout03/18/2002 Item 066 . :~ MOHA VE COUNTY REQUEST FOR BOA4CTlON FORM From: Thomas \V. Brady, Parks Administrato FORMAL ACTION 0 CONSENT t!J Date: January 3] , 2002 RESOLUTION 0 OTHER 0 BOS Meeting Date: ivlareh 18, 2002 INFORMA TION ONLY 0 SUMMARIZE THE ISSUE & DESIRED ACTION CLEARLY/ATTACH BACKlJP MATERIAL: Approval of the Memorandum of Understanding with the National Park Service is requested for SLIr: Project # 780119 titled Temple Bar Picnic Shelters: Phase I I in the amount of $78,650. Details ot'this request are included in the attached cover memo to County Manager Ron Walker. Recommended Motion: I move to approve Resolution number ___, approving the Memorandum of Understanding between Mohave County and the National Park Service for SLIF Project # 780119 titled Temple Bar Picnic Shelters: Phase II County Attorq~~' Reviewed and Approved By: County Manag;YW Personnel 0 Finane c: Board Action Taken: Approved as No Action Taken 0 Disapproved 0 Continued to o Approved with the following changes: Acknowledged receipt and referred to Filing Information and Retl"ienll Filed Bid filed Agreement - BOS Resolution aoo '~-c:; ~ Filed Yearly Correspondence___ Filed Petition Filed Dedication Filed Land Sold Filed Land Acquired Filed Franchise LD. Resolution --- Filed Improvement District Filed Other Date Routed: Additional Information: XC: YOll are remimkd that items for the agenda, along with complete backup, mllst be in the County Manager's or"ce 10 days prior to Board M:::~NO' ~ b r,r-\~'..'~rf."':'''~"~''''~~-_~r-'r.::fP::~~~~~:~. .;\- ...~ .-~,:~.. ~ .~."..- .--'~~:-'~~.':J;';.:~;'~"!:-~--:Y .......~..7~-.,.......~.:~~..'i~-~-h~.-. ..~..., ...-:..~.,,:,",~ " " . J~ FY 2001 Application State Lake Improvement Fund B~"..rIr.. Mohaye County Project Contact: Temple Bar Picnic Shelters: Phase II Tom Brady Director of Parks Project Location: Mohave County P.O. Box 7000 Kingman, AZ 86402-7000 520-757-0915 Description: The County proposes to further develop the facilities at Temple Bar, located at the southern end of Lake Mead. This proposal involves construction of a courtesy dock, and adding shade structures to the picnic facilities. A FY 1996 SLIF grant provided for the installation of existing picnic facilities at this site. Applicant Request Staff Recommendations Group Picnic Shelter $34,000.00 Single Site Shelter $37,500.00 Prc-agreement/Design & Engineering $7,150.00 Staff recommendation to be announced at the August 2001 AORCC meeting. Proposed Malching Funds: $7,150.00 9% Recommended Matching Funds: Requested Grant Amount; $71,500.00 91% Recommended Grant A ward: Proposed Total Project Cost: S78,650.00 Recommended Total Project Cosl: ~.~-"! ~ -o;r'-.7:~"7.~::z"'~r-,.JI"l"ft"r~~~ .....-r- n, .;; -'-r ~,~",,,,,,,,,,,,,,,-:-'~_"'--r,.;;.._......:.-~ ""t:-""""'!.'~-'C"-~':'1~::- _ ~. ....................__~...,.".... ...._~..".. ....~,........_._.._. .__:~ ~'" ..._~......... - .........._~.,,~,--..._-_.-... g . ~ J J I '! .:j 'J i 1 Consturct ond InstoU IZ'xlOO' Cl1JRTESY DOCK :i ~ t: 'j ~ ~ :~1 .; SHllRELI HE :~ '! . .j -j l ~ I I . ~ ~ l , . ; . ( I ! . ; I -a ! I 0 I ! Q ......... ... -.... r..",_ ....... .... ; J_ - ... I ~w.o i , T lIIIfIa llIr - r.cn.: Nw i ............ .....- -- ... . ivlohave County Temple Bar Picnic Shelters: Phase II .~~f{~2:~~ .. f :a"'1'" ~. ~, " r~ti:~?~::'~:.~~"~' :-",' ;'"~ .~-;..'< ;'-.": , . '~'~~~'~~~4~~t~~~)~~~" H,,::... .&. h Existing picnic areas (to be imp:-o\"ed) . ; --, .,~:~, ,'._~_:5~~?;)j;.iZf::' --- --'7" - .. ",:-. ...;...4-'0/ -. .... - .-~ ~ ........... ," r~:~~/ --- __._~..o;,':'-~-..I.~ . .-....-. .: ......".. ..'lj '.~'~ - - - -~-"'" ~,~.<~ ,- . ---'-- -- Existing picnic area \\Tith shelter CJ , ~~ -~~--7--.'r':.r:~~~~'" ~.~ .~. r""W""" --- "1;"" ~.. r:'-i~._"''''~'~l'~.:~:,~ ~ ~-_ ~~'~~...-~~~~{~"'\'i'v-.~'......~.;...."'~".r~..'t''7''.~.'}""''JIf"''Y.''VT''''''''1!V1ltJ 'Mff.''')i''''l"'Y')t...w:.:PI - . -~ - 3 coilE So oj 7111...5 State Lake Improvement Fund Stlfl1( MOc;! Memorandum of Understanding between Mohave County Board of Supervisors and Lake Mead 1\ ational Recreation Area for Temple Bar Picnic Shelters: Phase II THIS AGREEMENT, made and entered into this day of , 20~, between Mohave County, (hereafterreferred to as "the Participant"), acting through its Mohave County Parks Administrator, (hereafter referred to as "Administrator") pursuant to A.R.S.g 5-382, and the National Park Service (hereafter referred to as "NPS"), for the purpose of providing five picnic shelters for the existing picnic tables and one group site shelter, SLIF Project No. 780119 - Temple Bar Picnic Shelters: Phase II. WITNESSETH: WHEREAS, the State Lake Improvement Fund (SLIF) was created by A.R.S. S 5-382 and may be used to constmct boating access facilities and related improvements upon approval of an application from a qualified local sponsor, and WHEREAS, the Participant and the National Park Service desire public boating access facilities and related improvements to be constmcted and maintained at various waters where boating is pennitted in Arizona, administered by the National Park Service. NOW, THEREFORE, the parties hereto agree as follows: A. THE PAR TIClP ANT SHALL: 1. Either develop facilities, upon application and award of a special use authorization, or provide boating access funds for the NPS to develop boating access and related improvement projects by taking all necessary steps to make applications, prepare justification statements, and provide any other information or data required to perfect grant application to the Arizona State Parks Board (ASPB) for boat access facilities and related improvements at lakes administered by the NPS. 2. Upon request by the NPS, transfer SUP grant funds to the NPS for deposit in an individual Collection Agreement account for the subject project. Such grant funds to be expended by the NPS shall pay the cost of including direct overhead expenses approved for boating access and related improvement development. Each project approved for funding shall be identified by an individual Collection Agreement account. .~.. ........~'.~___.....-----.-.... __ ......-- .__.~........-.'~_ _~.__ ..'__. ___ ...._..-.-...-.......--..~~__._ . .....~...._ - _'_ .. _.__ n_ "._ _ ...______. ._..__.n._.' .__ . _. .._ ".__ _ .. .n .___ _.... _ n. _ _ _._ ----. ----..-.--- ... .._.-...... .. ",-' ... . . 3. Provide for operation and maintenance of the facilities pursuant to guidelines established in the SLlF Grant Participant Agreement for project no. 780119, in the event that the NPS is unable to continue to perfo1TI1 SLlch services. B. THE NATIONAL PARK SERVICE SHALL: l. Provide NPS land at Temple Bar, a water-based site on which to construct the boating access facilities and related improvements. 2. Expend funds deposited for the purposes shown in site specific projects which are derived from the SUF Grant Agreement entered into between the Participant and the State of Arizona through the ASPB. 3. Provide the participant with quarterly construction progress reports and statements of expenses incurred under this agreement; and on completion of the project, refund any unexpended balance of funds to the Participant. 4. Make available to the Participant for purposes of periodic and final audit or review those records pertaining to approved projects which arc required by A.R.S.S 35-214 or other law for audit. 5. Obtain or provide all clearances needed, including Corps of Engineers permiis, coordination with the U.S. Bureau of Reclamation, IRRIGATION, DRAINAGE OR FLOOD CONTROL DISTRICTS, RECLAMA nON PROJECTS OR LIKE AGENCIES AS NECESSARY. 6. If funds approved for development by the 1\TPS of facilities described in the SLIF Grant Agreement are not sufficient, the 1\TPS shall submit requests to the Participant for modifications to the project to bring the scope of the projects in line with available funds or provide from NPS sources funding for costs in excess of those approved under the projects. 7. Operate and maintain the facilities as public boat launching facilities or related improvements, except as may be directed otherwise by future action of the Congress. 8. Upon the availability of appropriated funds, operate and maintain the facilities for a minimum term of 25 years. If no longer able to operate and maintain the facilities under any circumstances, notify the Participant as to these circumstances, and offer a special use authorization that will provide the Participant with the opportunity to assume operational and maintenance responsibilities for the remainder of the Term of Use AS SET OUT IN THE PARTICIPANT AGREEMENT. ~,~'~-r--,.,.&IC't','''AP''"'~--.-w;..-:-r:''''"~?~-....~-r~~~''''.~~r~''~'''lJ'''''T'~'''l:;..r''{'.:r.:..:.''''::~~~ III" _ .... ""':....":"~.--...;'...., _~\P-f1""",:" . . ':"':~'=':;""'h~"""~ .. ,.. ... <-- 9. Have the prerogative at some further date to add to or modify these facilities as may be needed to meet CUlTent laws, regulations, or public need. Such changes may not be made without Participant participation and shall not be inconsistent with this agreement. 10. Not convert the facilities to other than public recreational boating use during the tel111 specified in section B.8 (above) without the prior approval orthe ASPB. The ASPB shall approve such conversion only i r it finds it to be in accord with the most recent S LIF statute. Conversions shall require the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location. 11. The NPS shall submit A CERTIFIED inspection report every five years to the PARTICIPANT that a1] temlS o[this agreement are being performed. C. IT IS MUTUALLY AGREED AND UNDERSTOOD BY THE SAID PARTIES THAT: 1. This agreement is subject to the SLlF statute, A.R.S. S 5-382 and the SLIF Participant Agreement which is incorporated by reference in this agreement. 2. Joint meetings shall be held at least annually and more often when necessary, for discussion of matters relating to recommendations for development, administration, and funding needs of boating access faciiities. Such meetings will be held at the administrative stalTlevel. 3. The NPS SHALL BE RESPONSIBLE FOR THE APPROVAL AND PREPARATION OF THE PLANS AND NPS SHALL BE RESPONSIBLE FOR THE execution of plans necessary to ealTY out this agreement. All constmction will be carried out to general NPS standards and specifications and applicable provisions of Arizona laws after the Participant, i\TPS, and the ASPB have reviewed and approved the plans. 4. Subject to all other provisions of this agrecment, a) no contribution to the cooperative fund herein provided for shall entitle the Participant to any share or interest in the facilities and improvements constructed under this agreement, other than the right to use the same under regulations of the NPS; and b) all improvements shall be the property of the NPS. 5. Nothing in this agreement shall be construed as obligating the i\TPS or the Participant to expend, or as involving the Participant, NPS or the State of Arizona in any contract or other obligation for the future payment ot~ money in excess of appropriation authorized by law. .r"~r:,:w~~~~",,-:::~,&\'-'"1I;\i.."";.:!T"""~:7.':-F''';'''.''J:.'i,:.r':~.~~'~, "T ~..."~ ~ '~-". ,~~ ......~I.. or .....~~~l:;.;~2~~~t:..':a;'y.':'.lfi---..:C.....:.;:!J.::=v~~..:{!-7..::--i..:: F~ .. .. , .. ~ . 6. This agreement may be supplemented or amended IN WRITING at any time by mutual agreement, provided such supplements and amendments have been reviewed and approved by the NPS, the Participant, and the ASPB. 7. No member of or delegate to Congress shall be admitted to any share or part of this agreement or to any benefit that may arise therefrom unless it is made with a corporation for its general benefit. 8. All parties are put on notice that this agreement is subject to cancellation pursuant to A.R.S. S 38-511. Provided, that any funds on deposit will be available for expenses incident to closing out the work beyond the period of written notice. 9. The extension of benefits under the provisions of this agreement shall be without discrimination as to race, color, creed, sex, national origin or disability as defined by applicable state and federal law. 10. Pursuant to A.R.S. SS 35-214 and 35-215, and Section 41-1279.04, as amended, all books, accounts, reports, files and other records relating to the Agreement shall be subject at all reasonable times to inspection and audit by the State for five years after completion of any project. Such records shall be reproduced as designated by the State of Arizona. 11. Each party, its contractors, or lessees shall be responsible for the protection from damage of all identified cultural resources within the area, which may be affected by its actions, and shall be liable for all damage or injury to the identified cultural resources caused by his actions. Each shall immediately notify the agency project administrator if any damage occurs to any cultural resourcc and immediately halt work in the area in which damage has occurred, until it has been authorized by the project administrator, after consultation with the NPS archaeologist, to proceed. 12. This agreement shall become effective WHEN SIGNED BY BOTH PARTIES. IN WITNESS WHEREOF, the parties have executed this agreement on the dates shown bel~ By: By: tJ t!~# Dhte: 2j~b'?--1 Date: MOU80119.doc ."!f'.""""':"fll:...-t~~~~:5:tI"::;:&"'....;~'-1,...,.....,..,~..:,,,,,~,,~~~---:y.:.:...~at,::'~"a..-""l";-~'-~.~'~-rr- __ ~ . _'III'._.__~~'<'I-'r'd.-___~","~'..;l:"':'":~-"" .... ~. .-7~.~~...-_~_""t..._~.f....l..~..r:.~~~.