Executed_Agreement_A25-07170934_Double_0_and_X-1_Grasslands_Restoration_Arizona_Elk_Society.pdf

A25-07170934

LANDOWNER RELATIONS PROGRAM

COOPERATIVE STEWARDSHIP AGREEMENT

FOR HABITAT IMPROVEMENT

THIS COOPERATIVE STEWARDSHIP AGREEMENT for habitat improvement is entered into between Arizona Elk Society, represented by Steve Clark (“Cooperator”) and the State of Arizona through the Arizona Game and Fish Commission ("Commission") and its administrative agency the Arizona Game and Fish Department ("Department") (collectively “Parties” and singularly “Party”) for the purpose of executing a Cooperative Habitat Improvement Project on lands owned or controlled by the Arizona State Land Department (“Subject Property”), as illustrated in the attached Exhibit A, incorporated herein by reference.

WHEREAS, the Commission is authorized to enter into this Agreement pursuant to A.R.S. §

17-231(B) (7);

WHEREAS, the Commission has primary statewide responsibility for management actions related to fish and wildlife populations within the State of Arizona.

WHEREAS, the Department acts under the authority of the Commission.

WHEREAS, said Subject Property provides mutual benefits to the Cooperator and wildlife, and it is the mutual desire of the Department and Cooperator to cooperate for the common benefit of wildlife and the public interests of the people of Arizona;

WHEREAS, the Parties agree that the goods or services provided by the Department will be used by the Cooperator for a public purpose as described herein, and that the benefit derived to the public as the result of such goods or services will equal or exceed the value of the goods or services;

NOW THEREFORE, in consideration of the mutual promises and other good and valuable consideration contained herein, the Department and the Cooperator agree to implement the following described Habitat Improvement Project on the Subject Property:

Project Description:

The Cooperator in coordination with the Department, will implement the Habitat Improvement Project Double O and X-1 Phase 3. The strategy of this project is for the Department to provide reimbursement to the Cooperator to complete woody vegetation removal via mastication on the Double O and X-1 Ranches located in GMU 18A. The Arizona State Land Department (ASLD), ASLD lessees, and AZGFD have completed all necessary compliance for the project. ASLD Applications 005-000541-00-111 and 005-002672-00-104. EAC# M20-1105031108 and M19- 1226021441.

A. The Arizona Game and Fish Department shall:

1. Work with the Cooperator to complete the project per the Project Description for the purpose of wildlife habitat improvement.

2. Reimburse the Cooperator in an amount not-to-exceed, three hundred and fifty thousand dollars ($350,000.00) for reimbursement of materials and labor to perform the habitat improvements described in the Project Description at a rate of up to three hundred and fifty dollars ($350.00) per acre. All labor using heavy equipment is included in the aforementioned price. Funding under this agreement is not available for reimbursement of the cooperator’s purchase of equipment. Equipment is defined as having a fair market value of $5,000 or more per unit.

3. Payment shall be made upon receipt of itemized invoice(s) from the Cooperator to the

Department.

4. Annually monitor and evaluate project effectiveness and wildlife use during the term of this Agreement.

B. The Cooperator shall:

1. Complete the project described in the Project Description at a rate of up to three hundred and fifty dollars ($350.00) per acre in the project area depicted in Exhibit A. Incur all labor, equipment, and material costs over and above those supplied by the Department ($350,000.00) through this Agreement.

2. Submit itemized invoices to the Department for reimbursement of costs incurred, including any delivery, to complete the project prior to June 12th 2026.

3. Ensure compliance with all ASLD standards and guidelines.

C. The Department and the Cooperator mutually agree:

1. That unless otherwise terminated as provided herein, this Agreement shall extend for a period of five (5) years from the date of last signature on this Agreement. Project progress will be monitored and a final assessment of the project's effectiveness will be completed jointly by the Parties.

2. Nothing in this Agreement shall be construed as obligating the Department in any contract or other obligation for the future payment of money in excess of appropriation authorized by law.

3. Either Party may terminate this Agreement upon sixty (60) days written notice to the other Party. Upon termination, all work performed pursuant to this Agreement shall cease and Cooperator shall not incur any new obligations for the terminated portion of the Agreement and shall cancel as many outstanding obligations as possible. The Department shall allow full credit to the Cooperator for the Cooperator’s share of the non-cancelable obligations properly incurred by the Cooperator up to the effective date of the termination. Any remaining unobligated funding provided by the Department shall be returned to the Department within sixty (60) days after the effective date of termination.

4. Notices: All written notices concerning this Agreement shall be delivered in person or sent by certified mail, return receipt requested, to the Parties as follows:

For the Commission:

Arizona Game and Fish Department ATTN: Mr. Kyle Dutro 5000 W. Carefree Highway Phoenix, Arizona 85086 Phone: (623) 236-7522 Email: kdutro@azgfd.gov

For the Cooperator:

Arizona Elk Society ATTN: Steve Clark 7773 West Golden Lane Peoria, Arizona 85345 Phone: (623) 444-4147 Email:stevec@arizonaelksociety.org

5. Modifications within the scope of this Agreement shall be made by mutual consent of the Parties, by the issuance of a written modification, signed and dated by all Parties, prior to any changes being performed. The Parties are not obligated to fund any changes not approved in advance.

6. This Agreement is subject to public records requests. In the event a request is made, personally identifiable information such as address, phone number, and email address will be redacted.

7. Every obligation of the Parties under this Agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such obligation. If funds for the continuance of this Agreement are not allocated or are not available, this Agreement 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 Agreement other than for payment of services rendered prior to the expiration of funding.

8. All work performed pursuant to this Agreement shall be in compliance with all applicable state and federal laws and regulations.

9. This Agreement in no way restricts either Party from participating in similar activities with other public or private agencies, organizations, or individuals.

10. This Agreement 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 provisions of this Agreement may be abrogated, modified, rescinded, or amended in whole or in part only by mutual written consent executed by the Parties.

11. In the event that any provision of this Agreement or portion thereof is held invalid, illegal, or unenforceable, such provision or portion thereof shall be severed from this Agreement and shall have no effect on the remaining provisions of this Agreement, which shall remain in full force and effect.

12. This Agreement is subject to termination pursuant to A.R.S. § 38-511.

mailto:kdutro@azgfd.gov

13. All payments received by the Cooperator through this Agreement may be subject to federal and local income tax. Any questions regarding the tax status of payments should be directed to the Cooperator’s personal tax consultant.

14. Buy America Provision: Required Use of American Iron, Steel, Manufactured

Products, and Construction Materials for Infrastructure: As required by Section 70914 of the Infrastructure Investment and Jobs Act (Pub. L. 117-58), on or after May 14, 2022, none of the funds under a federal award that are part of a Federal financial assistance program for infrastructure may be obligated for a project unless all the iron, steel, manufactured products, and construction materials used in the project are produced in the United States. Recipients must include the requirements in this section all subawards, including all contracts and purchase orders for work or products under this program. None of the funds provided under this award may be used for a project for infrastructure unless: All iron and steel used in the project are produced in the United States. This means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States, and all manufactured products used in the project are produced in the United States.

This means the manufactured product was manufactured in the United States, and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation, and All construction materials are manufactured in the United States. This means that all manufacturing processes for the construction material occurred in the United States. This Buy America preference only applies to articles, materials, and supplies consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. The requirements of this section may not apply if a general applicability waiver is in effect. The Subrecipient may not request any other waiver specific to this project without the express written authorization from the Department.

The Department may within its sole discretion withhold authorization.

Federal Award Information:

Federal Awarding Agency: U.S. Fish and Wildlife Service Wildlife and Sports Fish Restoration Program Federal Award Identification Number (grant number or federal award number):

F25AF02105

Federal Award Amount: $54,385,644 Federal Award Date of Award to the Department: 7/1/2025 Pass-Through Entity: The Arizona Game and Fish Department Catalog of Federal Domestic Assistance (CFDA) Number and Name: 15.611 Wildlife

Restoration and Basic Hunter Education Subrecipient Name: Arizona Elk Society Subrecipient Unique Entity Identifier: S7BZV4HY6NS8 Amount of Federal Funds Obligated by this Agreement: $350,000.00 Total Amount of the Federal Funds Committed to the Subrecipient by the Department:

$350,000.00 Identification of whether the award was for research and development: No Negotiated and approved indirect cost rate for the federal award to AZGFD: 51.99% Negotiated and approved indirect cost rate for the third party: N/A, direct costs only.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the last signature date below, and each person signing this Agreement warrants that he/she has the capacity and authority to execute this Agreement and consummate the transactions contemplated herein.

APPROVED:

By: ____________________________________ Date________________ Steve Clark, Executive Director Arizona Elk Society

APPROVED:

Arizona Game and Fish Department

By: ________________________________________ Date___8/14/25_____________ Clay Crowder, Assistant Director Wildlife Management Division

8/14/2025

Exhibit A