HomeMy WebLinkAboutRES 23-21 RESOLUTION NO. 23-21
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF ARACHE JUNCTION, ARIZONA APPROVING THE SUBMITTAL
CAE A GRANT APPLICATION TO THE CILA RIVER INDIA
COMMUNITY FOR PROPOSITION 202 FUNDS.
WHEREAS, in 2002, Proposition 202 authorized new gaming
compacts between the State of Arizona and Arizona Native Tribes
which included sha n of gaming revenues; and
WHEREAS, a portion of this state-shared revenue in an.
amount of 12 can be retained by a tribe and distributed to
cities, towns or counties for government services that : l
benefit the general publics 2 mitigate the impacts of gaming;
and/cif 3) promote commerce and economic development; nd
WHEREAS, private, not-for-profit profit rgsniz do s wishing to
access Proposition 202 funding to provide public benefits must
secure sponsorship from a city, town or county before making
application with the sponsorship being expressed In a resolution
passed by the local government; and
WHEREAS, the Gila River Indian Community ("GRIC") has
decided to exercise its option to retain and administer the 12 ,
share ,itself and has adopted guidelines and procedures for this
new program; and
WHEREAS, GRIC developed an expanded List of priority areas
:for which funding will be concentrated, including public safety,
transportation, healthcare services, economic development, and
education.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITE' OF ARACHE JUNCTION, ARI O A, ASFOLLOWS:
Section 1.,
Staff is authorized to submit an application, can behalf of
Superstition Fire and Medical District. ("E `MI ") , to GRIC for
Proposition 202 funds, and the mayor is authorized to sign the
application, contracts and grant documents for receipt and
RESOLUTION NO. 23-21
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distribution of the Proposition 202 funds for the purchase of an
ambulance in an amount not 'to exceed $403, 972 .
Section
The mayor is authorized to execute a grant pass-through
agreement between the City of Apache Junction ("city") and the
SFMD for use of the funds if the grant is awarded.
Section :3;
The mayor is authorized to take any and all actions necessary to
implement and complete the activities uba tt it the
Section
The city manager or his or ties designee is hereby authorized to
take whatever steps necessary to administer and procure the
funding,
Section
The city has no duties under or related to this resolution other
than to receive the funds and deliver sane to FM the
determination to the amount of funding is solely at the
discretion of GRIC. All parties agree there are no third-party
beneficiaries to this document.
Section
If awarded funding, SEND will provide the City copies of all
reports and documents related to the project funded by G IC.
Section 7<:
The city council supports this grant request for funding and if
awarded will administer the funds directly to SFMD as a pass-
through grant.
PASSED AND ADOPTED THE MAYOR AND CITY COUNCIL F THE CITY OF
APACHE JUNCTION, ARIZONA, THISDAY OF JULY, 2023
RESOLUTION NO. 23-21
PAGE 2 OF
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SIGNED AND ATTESTED TO THISDAY OF JULY, 2023.
i^ I lk ( A f,
z-)W-f-v
W LTER "CHIP" WILSON
Maya
ATTEST:
4JIFER NA
City Cler
APPROVED Aa TO FORM:
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RIfAR ? J. STERN
City Attorney
RESOLUTION NO, 23-21
PAGE 3 Off"
GRANT PASS-THROUGH GH AGREEMENT BETWEEN EEN THE CITY OF APACHE JUNCTION
AND SUPERSTITION FIRE AND EI ICAL DISTRICT
THIS ANT PASS-THROUGH AGREEMENT (the "Agreement") is made as of the
day of 2023, ("Execution Date") by andbetween CITY OF APACHE
JUNCTION, ARI ONA, an Arizona municipal corporation "City") and Superstition Fire and
Medical District, a special taking district ("SF MD").l "). City and SFMD are sometimes referred t
herein collectively as the"Parties,"or individually as a"Party."
RECITALS
A. SFMD is an A.R.S. Title 48 special taxing district which provides fire and
medical services for SF MD area residents.
B. SFMD desires to utilize Gila River Indian Community (" IC") funds for the
purchase of an ambulance to be used in City and in other areas of SF MD boundaries.
C. GR C desires to convey to City a portion of its annual 1 % local revenue-sharing
contribution required to be said to local governments for the benefit of the general public in
accordance with the Tribal-State Gaming Compact executed by and between GRIC and the State
of Arizona in'2003, and pursuant to A.R.S. § 5-601.02, for disbursement by City as a pass-
through to SF MD.
D. Mutual cooperation would result in S 's obtaining pass-through assistance
from City, which translates to general public savings.
E. The Parties have mutual interests in this project and wish to enter into this
Agreement with certain terms and conditions.
AGREEMENT
NOW,THEREFORE, in consideration of the foregoing Recitals and the mutual promises
and covenants set forth herein, and for ether consideration, the receipt and adequacy of which is
hereby acknowledged,the Parties agree as follows:
1. Accuraev of the Recitals. The Parties hereby confirm the accuracy of the Recitals
set forth above, which are incorporated herein by this reference.
2. Purpose. The purpose of this Agreement is to set forth the rights and
responsibilities of the Parties with respect to the acceptance and i ribution of the pass-through
to SF
Term. The Term of this Agreement is two calendar years from the Execution
Date.
4. it 's Obli ations. City agrees to coo all of the following:
a. Disburse the aforementioned GRIC pass-through to SF
b. Receive copies of all reports and documents sent to GRIC by SFMD related to
funded project.
SF 's Qhhanfinn . SFMD agrees to do all oft e following
a, Hold harmless, defend and indemnify the City of Apache Junction, its elected
officials, appointees,employees and agents against any claim or legal action brought by anyone
challenging the use and disbursement of funds under this agreement.
b. Provide to the City a copy of all reports and documents seat to GRIC relate
to the expenditures under this agreement no later than 30 days after their submission to G I ,
o. Puynnding Schedule. GRIC will deliver two payments of$201,986.00 each for a
total of$403,972.00 tothe City for disbursement to SF MD.
7. Indemnification. SFMD shall defend; indemnify and hold harmless City, its
elected and appointed officers, officials, agents, and employees from and against any and all
liability including but not limited to demands,claims,actions, fees,oasts and expenses, including
attorney and expert witness fees,arising from or connected with or alleged to have arisen from or
connected with, relating to, arising out of, or alleged to have resulted from the acts, errors,
mistakes, omissions, work or services of SF MD, its agents, employees, or any tier of S 's
subcontractors in the performance of or challenge to this Agreement. S 's duty to defend,
old harmless and indemnify City, its special districts; elected and appointed officers, officials,
agents, and employees shall arise in connection with any claim, Marriage, loss or expense that is
attributable to bodily injury,sickness, disease, death,or injury to, impairment, or destruction of
property including lass of use resulting therefrom, caused by an S 's acts, errors, mistakes,
omissions, misuse or unsubstantiated use of the GRIC funds,work or services in the performance
of this Agreement including any employee of SFMD, any tier of SFM 's subcontractor or any
ether person for whose acts, errors, mistakes, omissions, misuse of funds, work or services
SFMD may be legally liable
g: Conflicts of Interest. The Parties acknowledge that this Agreement is subject to
cancellation pursuant to the provisions of A.R.S. § 38- 11.
. Waiver. No waiver, whether written or tacit, of any remedy or provision of this
Agreement shall be deemed to constitute a waiver of any other provision hereof or a permanent
waiver of the provision concerned, unless otherwise stated in writing by the Party to be bound
thereby,
ltl. Avolicable Law and Venue. The terms and conditions of this Agreement shall be
governed by and interpreted in accordance with the laws of the State of Arizona. Any action at
law or in equity brought by either Party for the purpose of enforcing a right or rights provided for
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in this Agreement, snail be tried in a court of competent jurisdiction in Final County, State of
Arizona, The Parties hereby waive all provisions of lawn providing for a change of venue in such
proceeding to any other county or for removal to federal court. In the event'either Party shall
bring suit to enforce any term of this Agreement or to recover any damages for and on account of
the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing
Party in such action shall recover all casts including: all litigation and appeal expenses,
collection expenses, reasonable attorneys' fees, necessary witness fees and court costs to be
determined by the court in such action.
I I. Severabilit , City and SFMD each believe that the execution, delivery and
performance of this Agreement are in compliance with all applicable laws. However, in the
unlikely event that any prevision of this Agreement is declared void or unenforceable or i
construed as requiring City to do any act in violation of any applicable laws, including any
constitutional provision, lave, regulation,or city code), such provision shall be deemed severed
from this Agreement and this Agreement shall otherwise remain in full farce and effect; provided
that this Agreement shall retroactively be deemed reformed tote extent reasonably possible in
such a "manner so that the reformed agreement (and any related agreements effective as of the
same date) provide essentially the same rights and benefits (economic and otherwise) to the
Parties as if such severance and reforination were not required. Unless prohibited by Applicable
Laws, the Parties further small perform all acts and execute, acknowledge and/or deliver all
amendments, instruments and consents necessary to accomplish and to give effect to the
purposes of this Agreement,as reformed,
12. No Third Party Beneficiary Rijahts. The Parties agree that no third party rights
attach to this agreement.
13. Notices. Except as otherwise required by lawn, any notice required or permitted
under this Agreement shall be in writing and shall be given by personal delivery,or by deposit in
the United States mail, certified or registered, return receipt requested, postage prepaid,
addressed to the Parties at their respective addresses set forth below,or at such other address as a
Party may designate in writing pursuant to the terms of this Section:
If to City; City of Apache Junction
Attn: City Manager
00 E. Superstition Blvd.
Apache Junction,Arizona 85119
Telephone; 48 4 4-5066
If to S Superstition Fire and Medical District
Attn: Fire Chief
565 North Idaho load
Apache Junction,Arizona 85119
Telephone: Off 98 -444
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III WITNESS WHEREOF,the Parties have executed this Agreement as of the date first set forth
bone,
SUPERSTITION FIRE AND MEDICALDISTRICT,an
A.R.S.Title 48 special taxing district
y; Kathleen Chamberlain
Its; Board Chan
CITE'OF APACHE JUNCTION, ARIZONA,an Arizona
municipal corporation
By: Walter"Chip" Wilson
Its. `Mayor
ATTEST: ATTEST:
': By: _
Jennifer Pena, City Clerk Connie"fan 1 riel, SFMD Board Clerk
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