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HomeMy WebLinkAboutRES 22-41 RESOLUTION NO. 22-41 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE SALT RIVER PIMA MARICOPA INDIAN COMMUNITY, TO ACCEPT FUNDS FROM THE TRIBE, PURSUANT TO REVENUE SHARING PROVISIONS OF STATE LAW, RELATING TO INDIAN GAMING, TO FUND SERVICES AND PROGRAMS BENEFITTING THE GENERAL PUBLIC, PROMOTING COMMERCE, OR ECONOMIC DEVELOPMENT; AUTHORIZING THE TRANSFER OF FUNDS TO THE CENTER ASSIGNED TO RECORD THE GRANT ACTIVITY. WHEREAS, at the November 5, 2002 general election, Arizona voters approved Proposition 202, the "Indian Gaming Preservation and Self-Reliance Act" ("Proposition 202") , establishing conditions pursuant to which the governor would enter into a new standard form of tribal-state gaming compact; and WHEREAS, one legal requirement of Proposition 202 requires that tribes distribute twelve percent (12%) of their annual gaming revenues to cities, towns and counties of the tribe' s choosing, to be used for government services that benefit the general public, including public safety mitigation of impacts of gaming, and promotion of commerce and economic development; and WHEREAS, the City of Apache Junction has requested that the Salt River Pima Maricopa Indian Community ("SRPMIC") , a federally recognized tribe, convey to the City a portion of its annual 12% local revenue-sharing contribution ("SRPMIC Funds") required to be paid to local governments for the benefit of the general public, pursuant to A.R. S. Section 5-601 . 02, and SRPMIC has agreed to do so, subject to the terms and conditions of an intergovernmental agreement. WHEREAS, pursuant to A. R. S. § 11-952 (A) , public entities may enter into intergovernmental agreements for joint or cooperative action. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS: RESOLUTION NO. 22-41 PAGE 1 OF 2 1) The mayor and city council approve the form of the intergovernmental agreement as set forth in Attachment A; and the mayor is hereby authorized to sign the agreement on behalf of the City with the Salt River Pima Maricopa Indian Community, in the total amount of $600, 683 . 61 for the support of governmental services that benefit the general public. 2) The city manager or his designee is authorized and directed to take all steps necessary to carry out the purpose and intent of this resolution and to fulfill all the duties required under the agreement. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS _� DAY OF , 2022 . SIGNED AND ATTESTED TO THIS DAY OF vu-mbe& 2022 . 91�� (E'?)j474 Walter hip" Wilson Mayor ATTEST: A; a,"g' � c' A&FER P A City Clerk APPROVED AS TO FORM: Ioa�$•22 RICHARD J. STERN City Attorney RESOLUTION NO. 22-41 PAGE 2 OF 2 INTERGOVERNMENTAL AGREEMENT BETWEEN THE SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY AND THE CITY OF APACHE JUNCTION This Intergovernmental Agreement("Agreement) is entered into by and between the Salt River Pima-Maricopa Indian Community ("SRPMIC"), a Federally-Recognized Indian Tribe, and the City of Apache Junction ("Apache Junction" or"City of Apache Junction"), an Arizona municipal corporation, pursuant to Section 12 Payment of Regulatory Costs; Tribal Contributions ("Section 12") of the SRPMIC and the State of Arizona Gaming Compact 2002 ("Compact"), as Amended and Restated in 2021, and Article VII, § 1(h) of the SRPMIC Constitution and A.R.S. §5-601.02. RECITALS 1. The SRPMIC and the City of Apache Junction may enter into an agreement with one another for the distribution of a portion of 12% of the SRPMIC annual contribution ("Contribution") under Section 12 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. 2. The SRPMIC is authorized by Article VII, Section 1 (h) of the Constitution of the SRPMIC 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. 3. The City of Apache Junction is authorized by A.R.S. § 11-951 through § 11- 954,to enter into agreements for the purpose of accepting distributions to cities for governmental services that benefit the general public. 4. The SRPMIC desires to convey to the City of Apache Junction a portion of its annual 12% local revenue-sharing contribution("Contribution") required to be paid to local governments. NOW THEREFORE, in consideration of the foregoing recitals, which are incorporated herein, and the covenants and promises set forth below, the SRPMIC and the City of Apache Junction hereby mutually agree as follows: AGREEMENT 1. Purpose. The purpose of this Agreement is to set forth the rights and responsibilities of the parties with respect to the payment and distribution of the Contribution(s), as hereinafter defined. Page 1 of 6 2. Contribution. The SRPMIC shall make a one-time payment to the City of Apache Junction to be disbursed as follows (the "Contribution"): $ 300,683.61 to the Superstition Fire and Medical District for the purchase of: • One Ford F250 Battalion Chief Truck($163,295.) • Self-Contained Breathing Apparatus parts washer($34,575.72) • Virtual meeting equipment for each fire station($12,669.19) • Edraulic extrication equipment($39,584.06) • Hose and nozzle replacement($19,011.99) • Gas monitors ($22,223.21) • SKA-packs ($4,093.01) • Personal floatation devices & swift water helmets ($5,231.43) 3. Payment and Use of Funds. a. Use of Funds for Purposes Other Than to Fulfill Agreement The City of Apache Junction shall use the Contribution only for the express purpose contained herein. b. Inspection and Audit. To ensure compliance with this Agreement, the SRPMIC hereby reserves the right to inspect any and all records maintained by the City of Apache Junction with respect to this transaction upon seven (7) days prior, written notice to the City of Apache Junction. The City of Apache Junction shall allow the SRPMIC reasonable access to the records pertaining thereto. This section shall survive termination, cancellation, or revocations, whether whole or in part, of this Agreement for a period of one (1)year following the date of such termination, cancellation, or revocation. 4. Disbursement of Contribution. a. Disbursing Contributions and Recordkeeping. City of Apache Junction shall have responsibility for disbursing the Contributions to the recipients in amounts consistent with this Agreement. Within a reasonable time following receipt of the Contributions from the SRPMIC, the City of Apache Junction shall distribute the Contributions in accordance with applicable City of Apache Junction policies and procedures governing the disbursement of funds. The City of Apache Junction shall keep and maintain records relating to the disbursements and this Agreement. b. Responsibilities of the City of Apache Junction Following Disbursement of Contributions. The parties agree that the City of Apache Junction is merely acting as a conduit for distribution of funds to the recipients that are not departments, agencies or offices of the City of Apache Junction ("non-City recipients"). Page 2 of 6 Upon distribution of the Contribution to the non- City recipients as specified in Section 2 of this Agreement,the City of Apache Junction shall have no further responsibility to the SRPMIC with respect to such funds or the use thereof by the non-City recipients. Therefore, upon the City of Apache Junction's payment of the contributions to the non-City recipients as provided in Section 2, the SRPMIC shall release the City of Apache Junction from any and all claims, demands, debts, liabilities, or obligations that may arise in the event that the non-City recipients fail for any reason to expend the Contributions in accordance with Section 2. The SRPMIC further agrees that the City of Apache Junction shall have no obligation to reimburse the SRPMIC the amount of the Contributions for any reason after it disburses the contributions to the non-City recipients and that the SRPMIC shall look solely to the non-City recipients for repayment of the Contributions in the event the contributions are not used for the intended purposes. 5. Notices. 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 SRPMIC: Martin Harvier, President Salt River Pima Maricopa Indian Community 10005 E. Osborn Road Scottsdale, Arizona 85256 For the City of Apache Junction: Mayor Walter"Chip" Wilson 300 East Superstition Blvd. Apache Junction, Arizona 85119 6. Transactional Conflict of Interest. All parties hereto acknowledge that this Agreement is subject to cancellation by City of Apache Junction pursuant to the provisions of Section 38-511, Arizona Revised Statutes. 7. Term and Termination of Agreement. a. Effective Date. This Agreement shall be effective on the date it is approved by the mayor and city council and signed by the SRPMIC authorized representative. b. Term. This Agreement shall commence upon the Effective Date and shall terminate when the Contribution has been received and fully disbursed by the City of Apache Junction as specified in Section 2 of this Agreement. Page 3 of 6 C. Termination. The SRPMIC may terminate this agreement with or without cause at any time by providing the City of Apache Junction fifteen (15) days advance notice in writing. In the event the SRPMIC terminates this Agreement after the City of Apache Junction receives the Contribution but before the City of Apache Junction has disbursed the Contribution to the recipients,the SRPMIC shall include in the notice of termination specific instructions regarding disposition of the Contributions. 8. Indemnification. a. Indemnification. Each party (as "Indemnitor") shall indemnify, defend, and hold harmless the other party (as"Indemnitee"), 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, attorneys, consultants and accountant fees or costs and expenses of whatsoever kind and nature (collectively referred to as "Claims"), but only to the extent that such Claims which result in vicarious/derivative liability to the Indemnitee resulting from or arising out of the negligence or willful misconduct of the Indemnitor's employees or agents in performing the duties set forth in this Agreement. b. Severability. This section 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 paragraph shall remain in effect for each claim and/or lawsuit filed thereafter, but in no event shall this paragraph survive more than five (5) years from the date of termination, cancellation or revocation of this Agreement. 9. 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. Page 4 of 6 e. Days. Days shall mean calendar days. f. Severability. In the event that any provisions 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. In the event that 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. 10. Non-Waiver of Sovereign Immunity. Nothing in this Intergovernmental Agreement or any associated Funding Agreements shall be construed to waive the Sovereign Immunity of the SRPMIC. IN WITNESS WHEREOF,the City of Apache Junction has caused this Intergovernmental Agreement to be approved by the City of Apache Junction Council, executed by its Mayor and attested to by its City Clerk,pursuant to the above stated powers and authority, and the SRPMIC has caused this Intergovernmental Agreement to be executed by the SRPMIC Council and attested to by its President. This Agreement is effective upon signature of a duly appointed representative of the Salt River Pima Maricopa Indian Community. IN WITNESS WHEREOF, the Parties have executed this Agreement. SALT RIVER PIMA-MARICOPA City of Apache Junction, INDIAN COMMUNITY, a subdivision of the State of Arizona: a Federally Recognized Indian Tribe: By: By: Name: Martin Harvier Name: Walter"Chip"Wilson Its: President Its: Mayor Date: Date: ATTEST: Jennifer Pena City Clerk Page 5 of 6- APPROVAL OF SRPMIC ATTORNEY The undersigned attorney acknowledges that s/he has reviewed the above Agreement on behalf of the Salt River Pima-Maricopa Indian Community, and has determined that this Agreement is in proper form and that execution hereof is within the powers and authority granted under the Constitution of the Salt River Pima-Maricopa Indian Community, Article VII, §1(h). This acknowledgment shall not constitute nor be construed as a waiver of the Sovereign Immunity of the Salt River Pima-Maricopa Indian Community. General Counsel Date APPROVAL OF CITY ATTORNEY In accordance with the requirements of A.R.S. § 11-952(D), the undersigned attorney acknowledges that(i) s/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. Richard J. Stern Date City Attorney Page 6 of 6