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Home My WebLink AboutRes 2003-72\ijyjlrK^/' c yi&iS RESOLUTION NO.2003-72 AGREEMENT WITH THE SaIt ?S AilINTCRGOVERNMENTALCOMMUNITYFORPROPOSITION202fS,^"^^0^INDIAN FOUNTaVLSSs:BY THE MAY°R AND C^CIL OF THE TOWN OF Town oTS^J^between [he 2£Krhereby—in ----^*'^^ SECTION?That the Mavnr th*tAttorneyareherebyauthorizedanddietedtlZeST'"*T°Wn C,erk and the TownandmtentofthisResolution.6a"StePs "Pessary to carry out the purpose PASSEDAND ADOPTFn nv ,k„x,Arizona,December I^Q03 *"May0r ^Counci]of the Town of Fountain Hills, FORT] / )FFOUNTAIX,HlLLS: w-J-Nichols!Mayor REVIEWED BY: Tim G.Pickering,Town Manager I29!^3-,A2°03"72 SRPM,C IGA fCS d0c ATTESTED TO: r i •/ Bevelyn J^nde^foWn aS APPROVED AS TO FORM: 3 Andrew J.McGuire,Town Attorney V^' TOWN CLcRK INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND THE SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY THIS INTERGOVERNMENTAL AGREEMENT (this "Agreement")is entered into by and between the Town of Fountain Hills,an Arizona municipal corporation (the "Town")and the Salt River Pima-Maricopa Indian Community (the "Community"),a Federally-Recognized Indian Tribe,pursuant to Section 12 Payment of Regulatory Costs;Tribal Contributions ("Section 12")of the Salt River Pima-Maricopa Indian Community and State of Arizona Gaming Compact 2002(the "Compact")andA.R.S.§5-601.02. RECITALS A.TownandCommunitymayenterintoanagreementwithoneanotherforthe distribution of 12%of the Community's annual contribution under Section 12(b)(1)of the Compact to cities,towns,or counties for services that benefit the general public or promote commerceandeconomicdevelopmentandpursuanttoA.R.S.§5-601.02. B.The Community is empowered to consult,negotiate and enter into agreements with Federal,state,local governments and Indian tribes,as well as any person,association, partnership,corporation,government orotherprivate entity. C.TheTownisauthorizedbyA.R.S.§§5-601.02and11-952toenterinto agreements withIndianTribesforthepurposeofacceptingdistributionstocities,townsor counties for services that benefit the general public,including public safety,mitigation of impacts of gaming,or promotion of commerce and economic development. D.The Community intends to provide $25,000.00 (the "Funds"),which represents a portion of its contribution pursuant toa Tribal Revenue Sharing Agreement authorized by Section 12 of the Compact and A.R.S.§5-601.02 to provide for the purchase ofa passenger van tobeutilizedin connection withthe operations oftheBoysandGirlsClubsof Scottsd^le fthe "Boys andGirls Club"). AGREEMENT NOW,THEREFORE,in consideration of the foregoing recitals,which are incorporated herein,and the covenants and promises set forth below,the Community and the Town,hereby mutually agree as follows: 1.Purpose.The purpose of this Agreement istoset forth the rights and responsibilitiesofthepartieswithrespecttothepaymentanddistributionoftheFunds. Contemporaneously with the execution of this Agreement,the Community and the Boys and Girls Clubare executing a Funding Agreement describing theusetheBoysand Girls Club will make ofthe Funds.TheTownandthe Community expressly agreeand understand thatthe distribution mechanism established in this Agreement shall beforthe purpose of this Agreement 9196.004\SRPM1C IGA -Prop202.v3.doc 12-11-03-1 (^only and that any further funding requests under Section 12(b)(1)of the Compact shall be presented directly to the Town,which may,in its sole discretion,determine whether a fundin° request shall be submitted tothe Community.° 2.Contribution.The Community shall make a payment to the Town in the amount of $25,000.The Funds shall be delivered to the Town,without any notice or invoice required,at the address set forth in Section 11 below,not later than December 31,2003. 3-Disbursement of Funds.Promptly after receipt of the Funds,the Town shall send a payment to the Boys and Girls Club in the amount of the payment received from the Community. 4.Consideration and Reliance.The Community expressly acknowledges that the Town's promise to accept and disburse to the Boys and Girls Club all funds received by the Town 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 Communityunderapplicablelaw. 5-Non-Liability of Town.The Community further expressly agrees that it was solely responsible for determining that the distribution of the Funds to the Boys and Girls Club is permissible under Section 12 of the Compact.The Town has no duties under or related to this Agreement other than to receive the Funds and deliver same to the Boys and Girls Club.The s Parties agree that there are no third-party beneficiaries to this Agreement. 6.^Effective Date.This Agreement shall be effective on the date it is signed by the Community'sauthorized representative. 7.Term.This Agreement shall commence upon the Effective Date and shall terminate on the date Funds have been disbursed to the Boys and Girls Club. 8-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 superceded and merged herein. 9.Amendment.This Agreement shall not be modified,amended,altered,or changed except by written agreement signed by both parties. 10.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.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 and agreement on a substitute provision. /'H-Notification.Any notice or other communication required or permitted to be W given under this Agreement shall be in writing and shall be deemed to have been duly given if (i) 9196.004\SRPMIC IGA -Prop202.v3.doc 12-11-03-1 ^V' delivered to the party at the address set forth below,(ii)deposited in the U.S.Mail,registered or certified,return receipt requested,to the address set forth below or (iii)given to a recognized and reputableovernightdeliveryservice,totheaddresssetforthbelow: For the Community: President Joni M.Ramos SaltRiver Pima-Maricopa Indian Community 10005 East Osborn Road Scottsdale,AZ 85256 For the Town of Fountain Hills: TimothyPickering,TownManager Town of Fountain Hills 16836 Palisades Boulevard Fountain Hills,AZ 85268 or at such other address,and to the attention of such other person or officer,as any party may designate inwritingbynoticeduly given pursuanttothis Section.Noticesshallbe deemed received (i)when delivered to the party,(ii)three business days after being placed in the U.S. Mail,properly addressed,with sufficient postage or (iii)the following business day after being Q^given to a recognized overnight delivery service,with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day.If a copy ofa notice is also given toa party's counsel or other recipient,the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party,and not its counsel or other recipient to which a copy of the noticemaybesent,is deemed tohave received the notice. 11-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. 12.Limited Waiver of Sovereign Immunity.Nothing in this Agreement shall be construed to waive the Sovereign Immunity ofthe Community;provided,however,that the Community hereby provides a limited waiver of its sovereign immunity for the sole purpose of resolving any disputes that may arise between the Town and the Community relating to this Agreement.Any disputes arising between the Parties,if not resolved informally,shall be resolvedthroughbindingarbitrationundertheAmerican Arbitration Association. 13.Conflict of Interest.The Community and the Town hereby acknowledge that this Agreement is subject to cancellation bythe Town pursuant tothe provisions of A.R.S.§38-511. 9196.004\SRPMIC IGA -Prop202.v3.doc 12-11-03-1 X^li^ IN WITNESS WHEREOF,the Town of Fountain Hills andthe Salt River Pima- Maricopa Indian Community have entered into this Agreement asof the date of the last signature below. SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY 'A/.&GJS c/1W&Jz&i oZ-V cr<?<23* Date retary The undersigned attorney acknowledges thathehasreviewedtheabove Agreement onbehalfof the Community,andhasdeterminedthatthisAgreementisinproperformandthat execution hereof is within the powers and authority granted tothe Community.This acknowledgement shallnotconstitutenorbeconstruedasawaiveroftheSovereignImmunityoftheSaltRiver Pima-Maricopa Indian Community. TO^N^^'FOUNTAINIilLLS Timothy Pickering,Town Manager / ATTEST: Au^A^Qajl^/a Bevelyn J.^ndeu^town Clerk In accordance withtherequirementsofA.R.S.§11-952(D),the undersigned attorney acknowledgesthathehas reviewed theabove Agreement on behalf oftheTownofFountain Hillsand,astotheTownofFountainHillsonly,hasdeterminedthatthisAgreementisinproper form and that execution hereof is within the powers and authority granted under the laws ofthe State of Arizona. 9196.004\SRPM1C IGA -Prop202.v3.doc 12-11-03-1 i(6bert L.Hunter,Jr n-n-t>\ Date Andrew J.McGuire,Town Attorney Date