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HomeMy WebLinkAboutRES 23-33 RESOLUTION NO. 23-33 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING AN INTER- GOVERNMENTAL AGREEMENT WITH THE SALT RIVER PIMA- MARICOPA INDIAN 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 sharing of gaming revenues (codified in A.R. S. § 5-601 . 02 (H) (4) ) ; 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: 1) benefit the general public; 2) mitigate the impacts of gaming; and/or 3) promote commerce and economic development; and WHEREAS, sponsorship by a fire district from a city, town or county must be obtained before making application with the Salt River Pima-Maricopa Indian Community ("SRPMIC") ; and WHEREAS, SRPMIC has decided to exercise its option to retain and administer the 12% share itself and has adopted guidelines and procedures for this new program. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: Section 1• Staff is authorized to submit an application, on behalf of Superstition Fire and Medical District ("SFMD") , to SRPMIC for Proposition 202 funds, and the -mayor is authorized to sign the application, contracts and grant documents for receipt and distribution of the Proposition 202 funds for the purchase of portable radios and a variety of safety/rescue equipment in an amount not to exceed $111, 983 . 83 . RESOLUTION NO. 23-33 PAGE 1 OF 3 Section 2 • 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 city manager or his or her designee is hereby authorized to take whatever steps necessary to administer and procure the funding. Section 4 : The City has no duties under or related to this resolution other than to receive the funds and deliver the same to SFMD; the determination as to the amount of funding is solely at the discretion of SRPMIC. All parties agree there are no third-party beneficiaries to this document. Section 5 • If awarded funding, SFMD will provide the City copies of all reports and documents related to the project. Section 6: The city council supports this request for funding and will forward the funds directly to SFMD as a pass-through grant. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS � DAY OF OCTOBER, 2023. SIGNED AND ATTESTED TO THIS _J� DAY OF OCTOBER, 2023. 1�),I'e A ai� i� WALTER ""CHIP" LSON Mayor RESOLUTION NO. 23-33 PAGE 2 OF 3 ATTEST: JENN R PE City Clerk APPROVED AS TO FORM: 410 °9 .213 RICHARD J. STERN City Attorney RESOLUTION NO. 23-33 PAGE 3 OF 3 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(H)(4). 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"): $ 111,983.83 to the Superstition Fire and Medical District for Motorola radios and safety equipment. 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"). 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. Page 2 of 6 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 A.R.S. § 38-511. 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. C. Days. Days shall mean calendar days. Page 4 of 6 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, §I(h). This acknowledgement 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