HomeMy WebLinkAboutRES 11-47RESOLUTION NO. 11-47
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION,ARIZONA,AUTHORIZING THE CITY TO
ENTER INTO AN INTERGOVERNMENTAL AGREEMENT FOR THE USE
OF A PROPOSITION 202 GRANT.
WHEREAS, the City of Apache Junction, Arizona ("City"), and
the Fort McDowell Yavapai Nation ("Nation")desire to enter
into an Intergovernmental Agreement ("IGA")allowing City to
accept and complete a Proposition 202 grant which includes the
installation of public art along the Old West Highway ; and
WHEREAS, the parties have crafted a written agreement which
sets forth the conditions for such arrangement; and
WHEREAS,pursuant to A.R.S.§11-952(A)et seq.,public
entities may enter into intergovernmental agreements with other
municipalities and government entities for joint or cooperative
activities.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS:
1) The Mayor and City Council approve the Proposition 202
Intergovernmental Agreement and the Mayor is hereby
authorized to sign the attached IGA on behalf of the City.
2) Management staff is authorized to carry out the goals and
objectives of the grant,to include fulfilling all
administrative and programmatic requirements.
RESOLUTION NO. 11-47
PAGE 1 OF 2
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS 4TH DAY OF OCTOBER , 2011, and
SIGNED AND ATTESTED TO THIS 4TH DAY OF OCTOBER ,2011.
N S. INSALACO
ayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
9 -29 If
RICHARD J. STERN
City Attorney
RESOLUTION NO. 11-47
PAGE 2 OF 2
Intergovernmental Agreement
•Between
The City of Apache Junction and The Fort McDowell Yavapai Nation to
Provide Funds for Promoting Tourism and other Public Programs
in the City of Apache Junction and Surrounding Communities
This Intergovernmental Agreement (this "Agreement") is entered into by and between the City of Apache
Junction, an Arizona municipal corporation (the "City") and the Fort McDowell Yavapai Nation (the
"Nation"), a Federally -Recognized Indian Tribe, pursuant to Section 12 Payment of Regulatory Costs;
Tribal Contributions ("Section 12") of the Fort McDowell Yavapai Nation and State of Arizona Gaming
Compact 2002 (the "Compact") and A.R.S. § 5-601.02.
Recitals
A.The City and Nation may enter into an agreement with one another for the distribution of 12% of the
Nation's annual contribution under Section 12(b)( I) of the Compact to cities, towns, or counties that
benefit the general public or promote commerce and economic development and pursuant to A.R.S. §
5-601.02.
B.The Nation is authorized by Section 13(A)(15) of Article V, Legislative Branch, of the Constitution
of the Fort McDowell Yavapai Nation to consult, negotiate, contract and conclude and perform
agreements with Federal,state,local governments and Indian tribes,as well as any person,
association, partnership, corporation, government or other private entity.
C.The City is authorized by A.R.S. §§ 5-601.02 and 11-952 to enter into agreements with Indian Tribes
for the purpose of accepting distributions to cities, towns or counties for governmental services that
benefit the general public, including public safety, mitigation of impacts of gaming, or promotion of
commerce and economic development.
D.The City and Nation desire to enter into this Agreement to provide funds for the purpose of promoting
tourism and other public programs in the State of Arizona and specifically the City of Apache
Junction and surrounding communities, as designated by the Nation, hereinafter referred to as the
"Designated Entity," as more particularly described in Exhibit A attached hereto and incorporated
herein by reference.
E.The City and Nation desire to enter into this Agreement to define the terms and conditions of the
Nations' funding of the Designated Entity.
F.The total cost of the Designated Project(s) is $2000.00
G.The $2000.00 (Two Thousand Dollars)is hereby made available for the Designated Entity from
revenue generated by the Nation's Gaming Enterprise also known as the Fort McDowell Casino.
H.The Nation intends to provide $2000.00 (the "Funds"), which represents a portion of its contribution
pursuant to a Tribal Revenue Sharing Agreement authorized by Section 12 of the Compact and
A.R.S. § 5-601.02.
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Agreement
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein, and the
covenants and promises set forth below, the Nation and the City, hereby mutually agree as follows:
1.Designated Entity.The Designated Entity(s) is the City or a non-profit entity within the City of
Apache Junction which operates for the public benefit in the City of Apache Junction and surrounding
areas, as identified in the attached Exhibit A.
2.Disbursement of Funds.After receipt of the Funds from the Nation, the City shall send a payment
to such recipient(s) in the amount of the payment received from the Nation as expeditiously as
possible.
3.Consideration and Reliance.The Nation expressly acknowledges that the City's promise to accept
and 'diSbiltkt(i'AiW!,Re.6ipierit all Funds received by the City pursuant to this Agreement is full and
adequate consideration and shall render this promise to provide funding irrevocable,and this
Agreement shall constitute a binding obligation of the Nation under applicable law.
4.Limited Duties of City.The Nation further expressly agrees that, except as specifically set forth in
this Agreement, the City has ii'ii,‘;#6t,ro under or related to this Agreement other than to receive the
Funds and deliver same to the Recipient; selection of recipient and determination as to the amount of
funding are solely at the discretion of the Nation.The Parties agree that there are no third -party
beneficiaries to this Agreement. Our duty is to conduct the projects we proposed.
5.Financing; Verification of Payment.
A.Nation Deposit.The Nation shall deposit with the City the amount of $2000.00 within thirty (30)
days of the Effective Date of this Agreement to be disbursed by the City according to the
Designated Project amounts in Exhibit A.
B.Verification of Payment.At the request of the Nation, the City shall provide a verification of
payment to the recipient for the purpose requested:The City's responsibility is limited to
disbursement to each Designated Entity and the City has no further duty with regard to third
party, provided that the disbursement is complete.
6.Inspection and Audit.To ensure compliance with the City's limited duties herein, the Nation may
inspect any and all records maintained by the City with respect to the Project upon seven (7) days
prior, written notice to the City.This Section 6 shall survive termination, cancellation, or revocation,
whether whole or in part, of this Agreement for a period of one (1) year following the date of such
termination, cancellation, or revocation.
7.Report.The City of Apache agrees to provide the Nation with a written report containing use of
dollar amounts, and describing the purposes or Designated Project(s), to which the funds were put.
This report should be prepared and sent to the Nation.
8.Term and Termination of Agreement.
A.Effective Date.This Agreement shall be effective on the date it is signed by the Nation's
authorized representative.
B.Term.This Agreement shall commence upon the Effective Date and shall terminate when the
funds have been received by the City and disbursed to the Designated Entity(s).
C.Termination.The Nation may terminate this Agreement with or without cause at any time prior
to providing payment to the City, provided that such notice shall be in writing and delivered to
the parties' designated representatives, as set forth in the Notice section.
9.Indemnification.
A.Indemnification.Each party shall indemnify, defend, and hold harmless the other party,its
governing body, officers, departments, employees and agents from and against any and all suits,
actions, legal or administrative proceedings, claims, demands, liens, losses, fines or penalties,
damages, liability, interest, attorney's, consultant's, and account's fees or costs and expenses of
whatsoever kind and nature, resulting from or arising out of the negligence or willful misconduct
of the indemnifying party,its employees or agents in performing the duties set forth in this
Agreement.
B.No Liability for Other Party's Debts and Obligations.Neither party shall be liable for any debts,
accounts,obligations,nor other liabilities whatsoever of the other,including and without
limitation the other party's obligation to withhold employment and income taxes for itself or any
of its employees.
C.Severability.This Section 8 shall survive termination, cancellation, or revocation, whether whole
or in part, of this Agreement for a period of one (1) year from the date of such termination,
cancellation or revocation unless a timely claim is filed under A.R.S. § 12-821.01, in which case
this Section 8 shall remain in effect for each claim and/or lawsuit filed thereafter, but in no event
shall this Section 8 survive more than five (5) years from the date of termination, cancellation or
revocation of this Agreement.
10. Interpretation of Agreement.
A.Entire Agreement.This Agreement constitutes the entire agreement between the parties
pertaining to the subject matter contained herein, and all prior or contemporaneous agreements
and understandings, oral or written, are hereby superseded and merged herein.
B.Amendment.This Agreement shall not be modified, amended, altered, or changed except by
written agreement signed by both parties.
C.Construction and Interpretation.All provisions of this Agreement shall be construed to be
consistent with the intention of the parties as expressed in the recitals contained herein.
D.Relationship of the Parties.Neither party shall be deemed to be an employee or agent of the
other party to this Agreement.
E.Days.Days shall mean calendar days.
F.Severability.In the event that any provision of this Agreement or the application thereof is
declared invalid or void by statute or judicial decision, such action shall have no effect on other
provisions and their application which can be given effect without the invalid or void provision or
application, and to this extent the provisions of the Agreement are severable.hi the event that
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any provision of this Agreement is declared invalid or void, the parties agree to meet promptly
upon 'request of the other party in an-attempt to reach an agreement on a substitute proVision.
11. Waiver.Waiver or delay in enforcement by either party of any breach of a term, covenant, or
condition contained herein shall not be deemed a waiver of any other term, covenant, or condition, or
any subsequent breach of the same or any other term, covenant, or condition contained herein.
12. Notification.Any notice, communication, or modification shall be given in writing and shall be
given by registered or certified mail or in person to the following individuals.The date of receipt of
such notices shall be the date the notice shall be deemed to have been given.
For the Fort McDowell Yavapai Nation:
Dr. Clinton M. Pattea, President
Fort McDowell Yavapai Nation
P.O. Box 17779
Fountain Hills, AZ 85269
For the City of Apache Junction:
George Hoffman,
City Manager
300 E. Superstition Boulevard
Apache Junction, AZ 85119
Thomas Moriarty, General Counsel
Fort McDowell Yavapai Nation
P.O. Box 17779
Fountain Hills, AZ 85269
Joel Stern,
City Attorney
300 E. Superstition Boulevard
Apache Junction, AZ 85119
13.Assignment and Delegation.Neither party shall assign nor delegate any of its rights, interest,
obligations,covenants, or performance under this Agreement.Any termination shall not relieve
either party from liabilities or costs already incurred under this Agreement.
14. Non -Waiver of Sovereign Immunity.Nothing in this Agreement,Exhibit A or the Funding
Agreements shall be construed to waive the Sovereign Immunity of the Nation.
[SIGNATURES ON FOLLOWING PAGE]
4
IN WITNESS WHEREOF, The City of Apache Junction has caused this Intergovernmental Agreement to
be executed by the Mayor; upon resolution of the City Council and attested by the Clerk:of the City, and ..
the Fort McDowell Yavapai Nation has caused this Intergovernmental Agreement to be executed by the
Nation's Tribal Council and attested to by its Clerk.
This Agreement is effective upon signature of a duly appointed representative of the Fort McDowell
Yavapai Nation.
ATTEST:
•T".1 rransy i nomas, secretary
Fort McDowell Yavapai Nation
Date
ATTEST:
Kathy Connelly, City Clerk
City of Apache Junction
9ArAew
Date
FORT MCDOWELL YAVAPAI NATION
Dr. Clint-on M. Pattea
President, Tribal Council
Fort McDowell Yavapai Nation
CITY OF APACHE JUNCTION
John Insalaco, Mayor
City of Apache Junction
5
The undersigned attorney acknowledges that he has reviewed the above Agreement on behalf of the
FORT MCDOWELLYAVAPAI NATION;and has determined that this Ageementt is in proper form:and
that execution hereof is within the powers and authority granted under the Constitution of the Fort
McDowell Yavapai Nation, Section 13(A)(15), Article V Legislative Branch, as adopted October 19,
1999 and approved by the U.S. Deputy Commissioner of Indian Affairs November 12,1999.This
acknowledgement shall not constitute nor be construed as a waiver of the Sovereign Immunity of the Fort
McDowell Yavapai Nation.
k to204toiz ej d a z :
Th6mas Moriarty:General Coy
Fort McDowell Yavapai Natj6n
hsel Date
In accordance with the requirements of A.R.S. § 11-952(D), the undersigned attorney acknowledges that
(i) he has reviewed the above Agreement on behalf of the CITY OF APACHE JUNCTION and (ii) as to
the City of Apache Junction only,has determined that this Agreement is in proper form and that
execution hereof is within the powers and authority granted under the laws of the State of Arizona.
Joel Stern, City Attorney,
City of Apache Junction
• •-.
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EXHIBIT A
DESIGNATED PROJECTS 2011-2012
Project(s)Purpose Award Contact
City of Apache ,Jet.Downtown:
Public Art
$2,000.00 Janine Solley
480-474-5076
jsolley@ajcity.net
TOTAL $2,000.00