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HomeMy WebLinkAboutRES 20-37RESOLUTION NO. 20-37 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AUTHORIZING THE CITY OF APACHE JUNCTION POLICE DEPARTMENT ("AJPD")T O ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH AK -CHIN INDIAN COMMUNITY ("COMMUNITY"). WHEREAS,the Community has grant funding and wants to enter into agreement for the AJPD to receive grant funding for purchasing ten (10) hand held radios; and WHEREAS,AJPD is willing to purchase the radios with the understanding that the Community will have no obligation to provide any additional funding or support except the amount granted; and WHEREAS,pursuant to A.R.S.§11-952(A),public entities may enter into intergovernmental agreements with other municipalities and governmental entities for joint or cooperative activities; and WHEREAS,the AJPD and Community have crafted the legal arrangement in the form of the attached intergovernmental agreement which sets forth the terms and conditions of the services requested. 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 form of the intergovernmental agreement,as set forth in Attachment A; and is hereby authorized to sign the agreement on behalf of the City. 2)The police chief and/or his designee is authorized and directed to take all steps necessary to carry out the purpose and intent of this resolution and to fulfill all the duties required under the agreement. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS 3 DAY OF Oe,./O b e r , 2020. SIGNED AND ATTESTED TO THIS 3 DAY OF po_kbe,.,2020. RESOLUTION NO. 20-37 PAGE 1 OF 2 JEFF SERDY Mayor ATTEST: J N ) ' e 4 1 4 -X L - FER P NA Ci y Cler APPROVED AS TO FORM: 10 -7-20 RICHARD J. STERN City Attorney RESOLUTION NO. 20-37 PAGE 2 OF 2 ATTACHMENT A Grant No: 20-01 Intergovernmental Agreement Between Ak-Chin Indian Community and City of Apache Junction This Intergovernmental Agreement ("Agreement") is entered into by and between the Ak-Chin Indian Community ("Community"), a federally recognized Indian tribe having its principal place of business at 42507 W.Peters and Nall Road, Maricopa, Arizona, 85138, and the City of Apache Junction ("Grantee"), an Arizona Municipal Corporation, having its principal place of business at 1001 N. Idaho Rd., Apache Junction, Arizona, 85119. RECITALS WHEREAS,pursuant to Article IV, Section (b) of the Constitution of the Ak-Chin Indian Community, the Community Council is authorized to "negotiate and enter into contracts with federal, state, local and tribal governments, and with individuals, associations, corporations, enterprises or organizations"; and WHEREAS,pursuant to the authority granted to cities incorporated pursuant to Title 9 of the Arizona Revised Statutes, the Grantee is authorized to enter into agreements, such as this Agreement, and accept grant funding thereunder; and WHEREAS,pursuant to Section 12 of the Tribal/State Gaming Compact between the Community and the State of Arizona ("Compact"),in exchange for substantial exclusivity covenants by the State, the Community agreed to contribute a portion of its annual gaming revenues for regulatory costs and other public benefits; and WHEREAS,pursuant to Compact Section 12(d), instead of making a deposit to the State, the Community may award up to 12%of its annual contribution ("12% Contribution") directly to cities, towns, or counties of the Community's choosing, for services that benefit the general public; and WHEREAS,the Grantee submitted an application ("Application") to the Community for a grant ("Grant") from the 12% Contribution; and WHEREAS,the Community desires to award a 12% Contribution Grant to the Grantee for the exclusive purpose of the project proposed in the Application ("Project"), which the Grantee wishes to accept. NOW, THEREFORE,in consideration of the mutual promises and covenants contained herein, the Community hereby agrees to make, and the Grantee agrees to accept, a Grant subject to the following terms and conditions: Page 1 of 8 ARTICLE I - GENERAL PROVISIONS 1.1 Contents of Agreement.The understanding between the parties will consist of this Agreement and the Grantee's Application ("Application," as defined further in Section 1.2), which (a) was signed by the Grantee on June 8, 2020; and (b) seeks funding for the Project ("Project" is defined below in Section 1.2), that the Grantee submitted to the Community for consideration in awarding this Grant and which is attached hereto and incorporated herein by reference as Attachment "A." 1.2 General Definitions.Unless otherwise provided herein,when used in this Agreement: (a)"Application"means the application submitted by the Grantee,which is attached hereto and incorporated herein as Attachment A and which includes the following:(1)the Ak-Chin Indian Community Grant Cover Sheet;(2)the narrative submitted by the Grantee;(3)any and all attachments to the Application;and (4)any and all other documents submitted to the Community by the Grantee related to the Grantee's Application and submitted in consideration for receiving a Grant. (b)"Grant"means funding awarded by the Community as a part of the Community's 12% Contribution. (c)"Project"means the "Apache Junction Police Department Handheld Radios" program or project described by the Grantee in its Application. ARTICLE II - TERM 2.1 The term of this Agreement ("Term")will commence upon the effective date ("Effective Date") which shall be the later of either:1) the date this Agreement is fully executed by all parties; or 2) January 1, 2021. 2.2 Unless otherwise terminated in accordance with the Article VIII below or extended upon the approval of the Community, which such approval may be given in the form of a Community resolution, without requiring further written amendment of this Agreement, the Term of this Agreement will expire on occurrence of the first of either: (a) one (1) calendar year from the Effective Date; or (b) the date upon which (i) the Project proposed in the Application (which is more fully described in Article Ill of this Agreement) is completed, and (ii) the Community receives the Grantee's final report, as described more fully in Article X below. ARTICLE III - SCOPE The Grantee has overall responsibility for the timely completion of the Project proposed in the Application in accordance with the terms and conditions set forth in this Page 2 of 8 Agreement.The Grantee agrees and shall use the Grant exclusively for the Project as detailed in the Application. ARTICLE IV - AMOUNT AND AUTHORIZED USES OF GRANT FUNDS 4.1 In consideration of the various obligations undertaken by the Grantee pursuant to this Agreement, as represented by the Grantee in the Application proposing the Project, the Community agrees, subject to the terms and conditions set forth herein, to provide the Grantee with a Grant in the amount of SIXTY THOUSAND FIVE HUNDRED SEVENTY-ONE DOLLARS AND NINETY-SEVEN CENTS ($60,571.97). 4.2 The Grantee will use the Grant exclusively for the Project represented in the Application EXCEPT salaries and wages, but which may include costs attributable to and arising from providing those services and activities that are part of the Project. 4.3 The Grant made under this Agreement has been awarded in reliance upon the Grantee's proposal in the Application.Any material change in the Term or scope of the Project must have the prior written approval of the Community, which may be given in the form of a Community resolution,without requiring further written amendment of this Agreement. 4.4 The Community reserves the right to terminate this Agreement, pursuant to Article VIII,if the Grantee fails to fulfill its obligations under this Agreement or if the Project changes in a material way. 4.5 Title to any property, both real and personal, purchased with this Grant shall be taken in the name of the Grantee; provided that, if the Grantee fails to fulfill its obligations under this Agreement during the Term of the Agreement, the property shall be returned to the Community for contribution to another eligible recipient.At the conclusion of the Term, the Community will not retain any rights or interests in any property purchased with this Grant. 4.6 Unless otherwise stipulated in writing, this Grant is made with the understanding that the Community has no obligation to provide the Grantee with any other funding or support except the amount granted in Article IV, Section 4.1 herein. ARTICLE V - DISBURSEMENT OF GRANT Upon the Community's receipt of a fully executed copy of this Agreement, and a copy of the Grantee's W-9, the Community will issue to the Grantee Grant funding in the amount set forth in Article IV, Section 4.1.Unless otherwise requested by the Grantee, the Grant funding will be sent via FedEx or other express mail service to the Grantee at the address provided in Article XI, Section 11.2, below. ARTICLE VI- REPRESENTATIONS, WARRANTIES, AND SPECIFIC OBLIGATIONS Page 3 of 8 6.1 By executing this Agreement, the Grantee represents and warrants that: (a)All resolutions or other formalities necessary to authorize the execution and delivery of this Agreement by the person executing this Agreement on behalf of the Grantee have been fully adopted,passed,or enacted by the Grantee's governing body; (b)This Agreement is valid and legally binding upon the Grantee and has been executed and delivered by the Grantee in such manner and form as to comply with all laws, regulations, and policies applicable to the Grantee. (c)The representations,statements,and other matters contained in the Application are true and complete and not misleading in any respect.The Grantee is aware of no change that would require any modification to the approved Application as of the date of execution of this Agreement. 6.2 The Grantee acknowledges that nothing contained in this Agreement, nor any act of the Community or the Grantee, will be deemed or construed to create any principal and agency, partnership, joint venture, or other similar association or relationship between the Community and the Grantee. ARTICLE VII - DEFAULTS AND REMEDIES 7.1 The Grantee will be considered in default if the Grantee: (a) uses Grant funds for any purpose other than activities related to the Project;or (b)fails to perform its obligations agreed to in this Agreement. 7.2 If the Community has reason to believe that the Grantee has defaulted on any obligations under this Agreement, the Community will issue a Notice of Default ("Default Notice").No later than thirty (30) calendar days after receipt of the Default Notice, the Grantee shall deliver all reports,records,and accountings sufficiently necessary to provide the Community with the current status of the Project, including but not limited to information documenting the Grantee's use of the grant funding. 7.3 Upon the occurrence of any default, the Community may take appropriate action to recapture the Grant funding.For purposes of this Section, "appropriate action" means any remedial action legally available, including, without limitation: (a) terminating the Agreement;(b) suits for declaratory judgment,specific performance,or temporary or permanent injunctions; and (c) and any other available remedy. 7.4 The Community may terminate this Agreement if the Community determines that the Grantee has defaulted on its obligations under this Agreement.Prior to terminating the Agreement, the Community will provide written Default Notice to the Grantee and the Grantee has thirty (30) calendar days to either:(a) commence performing under the Agreement,which must be proven through documentation showing progress;or (b) provide the Community with reports and other evidence refuting the allegation of default. Page 4 of 8 If the Grantee does not provide evidence of progress to the Community's satisfaction, the Community may terminate this Agreement.If this Agreement is terminated by the Community,the Grantee shall return to the Community all Grant funding and/or any property purchased with the Grant funding. 7.5 The Ak-Chin Indian Community Courts shall have jurisdiction over disputes arising under this Agreement. ARTICLE VIII - TERMINATION OF AGREEMENT 8.1 The Grantee may terminate this Agreement at any time during the Term by providing thirty (30) calendar days' written notice to the Community and returning ALL Grant funding to the Community. 8.2 The Community may terminate this Agreement if the Community determines that the Grantee has defaulted on its obligations under this Agreement. 8.3 The Community's rights and remedies will survive termination of the Agreement. ARTICLE IX - CERTIFICATIONS BY GRANTEE 9.1 In signing this Agreement, the Grantee certifies that: (a)All of the representations and warranties of the Grantee as set forth in this Agreement and the Application are valid and true; and (b)The Grant funds awarded will be used for costs actually incurred or to be incurred in fulfillment of the obligations agreed to in this Agreement; and (c)The payment requested does not duplicate a payment or reimbursement of costs and services received from any other source. ARTICLE X - REPORTS 10.1 During the term of this Agreement, the Grantee must submit progress reports that summarize the expenditures made and provide updates on the general status of the Project no later than thirty (30) calendar days after: (a)The first six (6) months of the Term; and (b)Completion of the Project or the end of the Agreement Term, whichever occurs first.If a Grant was awarded to make a purchase,the date of delivery of all items shall be deemed completion of the Project. 10.2 Upon request by the Community,the Grantee shall provide promptly such additional information, reports, and documents as the Community may request. Page 5 of 8 ARTICLE XI - MISCELLANEOUS 11.1 All amendments, notices, requests, and disclosures of any kind made pursuant to this Agreement shall be in writing unless otherwise provided for in this Agreement. 11.2 Any communication will be deemed effective as of the date such communication is received by the addressee, return receipt requested, delivered to the following primary address listed for each party: If to the Community: PRIMARY ADDRESS Ak-Chin Indian Community do: Council Executive Secretary 42507 W. Peters and Nall Rd. Maricopa, AZ 85138 Strickland & Strickland, P.C. Ak-Chin Indian Community General Counsel 4400 E. Broadway, Suite 700 Tucson, Arizona 85711 If to the Grantee: PRIMARY ADDRESS City of Apache Junction do: Mayor Jeff Serdy 300 E. Superstition Blvd. Apache Junction, AZ 85119 Apache Junction Police Department ATTN: Thomas Kelly, Chief of Police 300 Superstition Blvd. Apache Junction, AZ 85119 11.3 This Agreement, including any right, benefit, or obligation arising hereunder, may not be transferred or assigned without the prior written approval of the Community. 11.4 No delay or omission of the Community in exercising any right or remedy available under this Agreement will impair any such right or remedy, or constitute a waiver of any default, or an acquiescence thereto. 11.5 The invalidity of any provision of this Agreement will not affect the validity of the remaining provisions hereof. 11.6 This Agreement, and any attachments or incorporated documents, constitutes the entire agreement between the Community and the Grantee, and supersedes all prior oral and written agreements between the parties hereto with respect to this Grant. Page 6 of 8 Notwithstanding the provisions of Article I, Section 1.1 of this Agreement, in the event of any inconsistency between the provisions of this Agreement and anything contained in Attachment A, the provisions of this Agreement will prevail. 11.7 This Agreement may be executed in any number of counterparts.All such counterparts will be deemed to be originals and together will constitute but one and the same instrument. 11.8 Upon the Community's prior written approval, the Grantee is permitted to issue press releases and host other publicity events highlighting the Grant from the Community. 11.9 The Community reserves and has the exclusive right to waive any requirement or provision under this Agreement; provided that, no act, by or on behalf of the Community, will be deemed or construed to be a waiver of any such requirement or provision, unless the same be in writing expressly stated to constitute such waiver. 11.10 Notwithstanding any other provision herein to the contrary,nothing in this Agreement shall be deemed a waiver of the Community's sovereign immunity.The Grantee agrees to indemnify the Community with respect to any claims arising from the Project funded by the Grant. 11.11 This Agreement is subject to and may be terminated by city in accordance with the provision of A.R.S. 38-51 [THIS SPACE BLANK INTENTIONALLY] Page 7 of 8 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed by their respective, duly authorized representatives, as of the day and year written below. COMMUNITY AK -CHIN INDIAN COMMUNITY Robert Miguel Chairman ATTEST: // Victoria A. Smith Council Executive Secretary APPROVAL AS TO FORM: Community Counsel GRANTEE: CITY OF APACHE JUNCTION // Jeff Serdy Mayor ATTEST: Jennifer Pena City Clerk APPROVAL AS TO FORM: Richard J. Stern City Attorney Page 8 of 8