HomeMy WebLinkAbout2018.09.11.TCSM.Amendedi-7
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L�� NOTICE OF MEETING
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SPECIAL MEETING
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___. oR� FOUNTAIN HILLS TOWN COUNCIL
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Mayor Linda M. Kavanagh
Vice Mayor Dennis Brown
Councilmember Nick DePorter
Councilmember Henry Leger
Councilmember Alan Magazine
Councilmember Art Tolis
Councilmember - Vacant
TIME: 5:00 P.M. — SPECIAL MEETING
WHEN: TUESDAY, SEPTEMBER 11, 2018
WHERE: COUNCIL CHAMBERS —FOUNTAIN HILLS TOWN HALL
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
1. CALL TO ORDER AND ROLL CALL — Mayor Linda M. Kavanagh
2. CONSENT AGENDA ITEMS
All items listed on the Consent Agenda are considered to be routine, non -controversial matters and will be enacted by
one motion and one roll call vote of the Council. All motions and subsequent approvals of consent items will include all
recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a
councilmember or member of the public so requests. If a councilmember or member of the public wishes to discuss an
item on the Consent Agenda, he/she may request so prior to the motion to accept the Consent Agenda or with
notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The items
will be removed from the Consent Agenda and considered in its normal sequence on the agenda.
A. CONSIDERATION OF Resolution No. 2018-52, declaring and adopting the results of the
Primary Election held on August 28, 2018.
B. CONSIDERATION OF approving a Special Event Liquor License Application for Fountain
Events, Inc. (Christine Colley) for the Oktoberfest Event being held in Fountain Park, from
5:00 PM to 10:00 PM, Friday, September 28, 2018, through Saturday, September 29,
2018.
3. REGULAR AGENDA
A. CONSIDERATION OF Resolution No. 2018-54, approving Intergovernmental Agreements
with the Fort McDowell Yavapai Nation relating to Proposition 202 funding.
4. ADJOURNMENT.
DATED this ay of
rke, MMC, Tofvn- Clerk
018.
The To* oj�Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-
5100 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in
the meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the
Council with this agenda are available for review in the Clerk's Office.
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Meeting Date: 9/11/2018
Agenda Type: Consent
TOWN OF FOUNTAIN HILLS
TOWN COUNCIL
AGENDA ACTION FORM
Meeting Type: Special Meeting
Submitting Department: Administration
Staff Contact Information: Elizabeth A. Burke, Town Clerk, eburke@fh.az.gov_, 480.816.5115
REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF Resolution No. 2018-52, declaring and adopting the
results of the Primary Election held on August 28, 2018
Applicant:
Applicant Contact Information:
Owner:
Owner Contact Information:
Property Location:
Related Ordinance, Policy or Guiding Principle:
Staff Summary (background): This resolution is presented to memorialize the results of the Primary Election held
August 28, 2018, at which a Mayor and three councilmembers were selected. Based on the final results of the election,
the new Mayor of Fountain Hills will be Ginny Dickey and top three vote getters for Council were Mike Scharnow, David
Spelich and Alan Magazine. As shown in more detail in the resolution, each of these candidates received a majority vote
and; therefore, a General Election will not be required. The Mayor and Councilmembers will be seated at the first regular
meeting in December (December 4, 2018).
Risk Analysis (options or alternatives with implications):
Fiscal Impact (initial and ongoing costs; budget status):
Budget Reference (page number):
Funding Source: NA
If Multiple Funds utilized, list here:
Budgeted; if No, attach Budget Adjustment Form: NA
Recommendation(s) by Board(s) or Commission(s):
Staff Recommendation(s): Adopt Resolution No. 2018-52 to memorialize the results of the Primary Election held
August 28, 2018.
List Attachment(s): Resolution No. 2018-52
SUGGESTED MOTION (for council use): MOVE to adopt Resolution No. 2018-52, declaring and adopting the results of
the Primary Election held August 28, 2018.
Prepared by:
Liz Burke, Town Clerk 9/4/2018
Director's Approval:
Page 1 of 2
Approved:
Grady E. Miller, T07 ager Date
Page 2 of 2
RESOLUTION NO. 2018-52
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, DECLARING AND ADOPTING THE RESULTS
OF THE PRIMARY ELECTION HELD ON AUGUST 28, 2018
RECITALS:
WHEREAS, the Town of Fountain Hills (the "Town) held a primary election on the consolidated
election ballot of August 28, 2018, (the "Primary Election"), for the nomination/election of the
Mayor and three Councilmembers; and
WHEREAS, the Primary Election returns have been presented to and have been canvassed by
the Mayor and Council of the Town of Fountain Hills.
ENACTMENTS:
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows:
SECTION 1. That the recitals above are hereby incorporated as if fully set forth herein.
SECTION 2. That the total number of registered voters was 16,775; that the total number of
ballots cast at the Primary Election was 8,561; and that the total rate of return was 51.03%.
SECTION 3. That the number of ballots cast and the names for the persons voted for,
including the number of votes received in each precinct by each candidate for Mayor and each
candidate for Councilmember were as set forth in Exhibit A, attached hereto and incorporated
herein by reference. The number of provisional ballots in each precinct was as set forth in
Exhibit B, attached hereto and incorporated herein by reference. The number of ballots rejected
in each precinct was as set forth in Exhibit C, attached hereto and incorporated herein by
reference.
SECTION 4. It is hereby found, determined and declared of record, that the following
candidates for Mayor and Councilmember did received the greatest number of votes of the
electors of the Town at the Primary Election, and the Town Clerk is hereby directed to issue
certificates of election:
MAYOR Ginny Dickey
COUNCILMEMBER Alan Magazine
COUNCILMEMBER Mike Schamow
COUNCILMEMBER David Spelich
SECTION 5. It is further found, determined and declared that each of the above candidates
did receive a majority of votes cast; and therefore, a General Election is not required to be held.
SECTION 6. This Resolution shall be in full force and effect immediately upon its adoption.
PHOENIX 77018-1 492207A
RESOLUTION NO. 2018-52
PAGE 2
SECTION 7. The Mayor, Town Manager, Town Clerk and Town Attorney are hereby
authorized and directed to take all steps necessary to carry out the purpose and intent of this
Resolution.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, this
11th day of September, 2018.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Linda M. Kavanagh, Mayor
REVIEWED BY:
Grady E. Miller, Town Manager
PHOENIX 77018-14922070
Elizabeth A. Burke, Town Clerk
APPROVED AS TO FORM:
Mitesh V. Patel, Interim Town Attorney
Dickinson Wright PLLC
RESOLUTION NO. 2018-52
EXHIBIT A
Final Official Results
Primary Election field August 28, 2018
PHOENIX 77018-1 492207v1
PAGE 3
MRC_20180828_E
August 28, 2018
Summary Report
MARICOPA COUNTY
FINAL OFFICIAL RESULTS
Fountain Hills -Mayor
(5) 5/510000%
Under Vales- 387
Over Vales- 3
Over Votes. IS
DICKEY, GINNY
4,301 52.64%
YATES, CECIL
3,818 4673%
Write -In Candidate
52 0.645
Total ... 8,171100.00%
Fountain Hills -Council (vote 3)
(5) 515 100.00%
Under Votes 5016
Over Votes. IS
BULOW VON DENNEWITZ. MARCUS
2,868
13.89'/a
FRIEDEL, GERRY
2,875
13.92°a
GRZYBOWSKI, SHARRON "BLUE"
3,126
15.14%
MAGAZINE, ALAN
3,711
17.97%
SCHARNOW, MIKE
4,116
19.93%
SPELICH, DAVID
3,919
18.98%
Write -In Candidate
34
0.16%
Total ... 20,649 100.00%
September 05, 2018 11:25 AM Page 1 of 1
RESOLUTION NO. 2018-52
EXHIBIT B
Number of Provisional Ballots
Primary Election held August 28, 2018
PHOENIX 77018-14922070
PAGE 4
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RESOLUTION NO. 2018-52
EXHIBIT C
Number of Rejected Ballots
Primary Election held August 28, 2018
PHOENIX 77018-14922070
PAGE 5
E%'36Bn1ch-V10.rp1
Dale: 9162018
MARICOPA COUNTY
RECORDER'S INFORMATION SYSTEMS CENTER
REJECTED BALLOTS BY PRECINCT/ CPC
Election Title: MARICOPA COUNTY
Election Number: 1339 Election Date: 08/28/2018
FOUNTAIN HILLS
Page: l
Time: 9:55 am
Precinct/CPC Number
PrecinN/CPC Name Reason
Number Refected
0
4239
FOUNTAIN HILLS BAD SIGNATURE
i
RETURNED LATE
2
NO SIGNATURE
1
11240
FOUR PEAKS RETURNED LATE
6
NO SIGNATURE
4
0264
GOLDEN EAGLE BAD SIGNATURE
1
RETURNED LATE
5
NO SIGNATURE
9
0470
PALISADES BAD SIGNATURE
1
RETURNED LATE
3
NO SIGNATURE
4
0559
SAGUARO RETURNED LATE
6
NO SIGNATURE
3
�� TOWN OF FOUNTAIN HILLS
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z TOWN COUNCIL
�,� 4 AGENDA ACTION FORM
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Meeting Date: 9/11/2018
Agenda Type: Consent
Meeting Type: Special Session
Submitting Department: Community Services
Staff Contact Information: Corey Povar, Recreation Manager, 480-816-5170, cpovar@fh.az.gov
REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF approving a SPECIAL EVENT LIQUOR LICENSE
APPLICATION for Fountain Events Inc. (Christine Colley) for the Oktoberfest Event being held in Fountain Park, from
5:00 PM to 10:00 PM, Friday September 28 through Saturday September 29, 2018.
Applicant: Christine Colley
Applicant Contact Information: 480-235-7134
Owner: Christine Colley, Fountain Events Inc.
Owner Contact Information: 480-235-7134
Property Location: Fountain Park, Fountain Hills, AZ
Related Ordinance, Policy or Guiding Principle: A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, R19-1-235,
and R19-1-309
Staff Summary (background): The purpose of this item is to obtain Council's approval regarding the special event liquor
license application submitted by Christine Colley representing Fountain Events Inc., for submission to the Arizona
Department of Liquor. The special event liquor license application was reviewed by staff for compliance with Town
ordinances and staff unanimously recommends approval of this special event liquor license application as submitted.
Risk Analysis (options or alternatives with implications): NIA
Fiscal Impact (initial and ongoing costs; budget status): NIA
Budget Reference (page number): NIA
Funding Source: NA
If Multiple Funds utilized, list here:
Budgeted; if No, attach Budget Adjustment Form: NA
Recommendation (s) by Board(s) or Commission(s): NIA
Staff Recommendation(s): Approve
List Attachment(s): Applications
SUGGESTED MOTION (for Council use): Move to approve the Special Event Liquor License
Page 1 of 2
Prepared by:
Corey Povar, Recreation Manager 9/4/2018
Director's Approval:
Rachael Goodwin, Cot
Services Director 9/4/2018
Approved:
Grady E. Miller, T anager 9/4/2018
Page 2 of 2
Arizona Department of Liquor Licenses and Control
800 W Washington 5th Floor
Phoenix, AZ 85007-2934
www.azliquor.gov
(602)542-5141
APPLICATION FOR SPECIAL EVENT LICENSE
Fee= $25.00 per day for 1-10 days (consecutive)
Cash Checks or Money Orders Only
FOR DLLC USE ONLY
Event Date(s):
Event time start/end:
CSR:
License:
A service fee of $25.00 will be charged for all dishonored checks (A.R.S. § 44-6852)
IMPORTANT INFORMATION: This document must be fully completed or it will be returned.
The Department of Liquor Licenses and Control must receive this application ten (10) business days prior to the event. If the special
event will be held at a location without a permanent liquor license or if the event will be on any portion of a location that is not covered
by the existing liquor license, this application must be approved by the local government before submission to the Department of
Liquor Licenses and Control (see Section 15).
SECTION 1 Name of Organization: Fountain Events, Inc.
SECTION 2 Non-Profit/IRS Tax Exempt Number: 47-5271378
SECTION 3 The organization is a: (check one box only)
❑✓ Charitable❑Fraternal (must have regular membership and have been in existence for over five (5) years)
❑Religious ❑Civic (Rotary, College Scholarship)❑Political Party, Ballot Measure or Campaign Committee
SECTION 4 Will this event be held on a currently licensed premise and within the already approved premises?❑Yes [E]No
Name of Business
License Number
Phone (include Area Code)
SECTION 5 How is this special event going to conduct all dispensing, serving, and selling of spirituous liquors? Please read R-19-
318 for explanation (look in special event planning guide) and check one of the following boxes.
❑Place license in non-use
❑Dispense and serve ail spirituous liquors under retailer's license
❑✓ Dispense and serve all spirituous liquors under special event
❑Split premise between special event and retail location
(IF NOT USING RETAIL LICENSE, SUBMIT A LETTER OF AGREEMENT FROM THE AGENT/OWNER OF THE LICENSED PREMISE TO SUSPEND THE
LICENSE DURING THE EVENT. IF THE SPECIAL EVENT IS ONLY USING A PORTION OF PREMISE, AGENT/OWNER WILL NEED TO SUSPEND THAT
PORTION OF THE PREMISE.)
SECTION 6 What is the purpose of this event? ❑✓ On-site consumption ❑Off-site (auction) ❑Both
SECTION 7 Location of the Event: Fountain Park
Address of Location: 12925 N Saguaro Blvd. Fountain Hills Maricopa AZ 85268
Sheet
City COUNTY State Zip
SECTION 8 Will this be stacked with a wine festival/craft distiller festival? ❑Yes ONo
SECTION 9 Applicant must be a member of the qualifying organization and authorized by an Officer, Director or Chairperson
of the Organization named in Section 1. (Authorizing signature is required in Section 13.)
1. Applicant: Colley Christine
Last First Middle Date of Birth
2. Applicant's mailing address: rimrose Dr. Fountain Hills AZ 85268
3. Applicant's home/cell phone
4. Applicant's email address: cdkcolley@gmail.com
city zip
Applicant's business phone:
3/1/2016 Page 1 of 4
ndMduals requiring ADA accommodations call (602)542-9027.
We require all Staff members or Volunteers who are planning on consuming alcohol after their designated shift has
ended, to remove any garment or badge that denotes them as event staff/volunteer before partaking in alcoholic
consumption. We do not; under any circumstances permit volunteers to consume alcohol during volunteer breaks
between shifts. Also, once a Staff member or Volunteer has consumed any alcohol, they may not come back on shift for
the remainder of that day.
Are you requesting permission to serve alcohol at your event? ❑Yes
Type of Alcohol (Check all that apply): OBeer OWine
Explain who will serve the alcohol (Professional bartenders, volunteers, etc.):
[-]No
❑Distilled Spirits
Volunteers will serve the beverages. Each shift will have an experiences bartender
How many alcohol service locations will you have, and where will they be located? (Include on site map):
three
Is the event open to all ages? DYes [-]No
Explain how ID's will be checked, wristbands/stamps applied, and how you will prevent any underage drinking:
IDs will be checked at the entrance and wrist bands applied to those attendees wishing to consume
alcohol. Bartenders will not server anyone without a wrist band.
WASTE MANAGEMENT/RECYCLING
You are responsible for properly disposing of all waste and garbage throughout the term of your event, and immediately
upon conclusion of the event, the area must be returned to a clean condition. Should you fail to perform adequate clean
up or damage occurs to the Town property, you will be billed at full recovery rates.
SECTION 13 To be completed only by an Officer, Director or Chairperson of the organization named in Section 1.
1,(Prinf Fu Npme) Christine Col
the o g lzation filing this appli a for
F4
r declare that I am an Officer, Director or Chairperson of
listed in Section 9. 1 have read the application and the contents and all statements
President
Title/ Position
480-235-7134
Date Phone Number
The foreQQQQoing instrument was acknowledged before me this �— d e
r ' a �{.L Ji'iLJL/ Day Manih OFFICIAL SEA
a_`IA
State 2�- County of / , ( PATRICIA JO T
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CommiSalon #581:
��� Notary Public. Sttla at
My Commission Expires on: o C� MARICO ul
Dote E' na}ure of Notary P _ cumrti. ezptrac Dae.
SECTION 14 This section is to be completed only by the applicant named in Section 9.
ll ame) Christine Polley declare that I am the APPLICANT filing This application
I, (Priled
as Iisl Section . I have re d the application and the contents and all statements
are true, correct
and complete.
X President
480-235-7134
Signa u Title/ Position
Date
Phone Number
/-
The fore oing instrument was acknowledged before me this
-01 W
Day
State County of C
Monti
Year
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My Commission Expires % ?"/, O %O ain aQ-
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PAT FFICIAI SEgL
on: .
Date
Signature of Nota
MY eMm RICpPA °t•o/gr�cn
Please contact the local governing board for additional application requirements and submission deadlin
licensing fees may also be required before approval may be granted. for more information, please contact your local
jurisdiction: htto7//www.azlicjuor.Qov/assets/docurnents/`homeoacie docs/spec event links odf.
SECTION 15 Local Governing Body Approval Section.
/N n4 I<AL4A— ' MAS Jng recommend ❑APPROVAL ❑ DISAPPROVAL
(Govemmenf Olficial) (Tithe)
On behalf oformw 61 O if Fla Ai a thu s
(City, Town, County) Signature Date Phone
SECTION 16 For Department of Liquor Licenses and Control use only.
❑APPROVAL ❑DISAPPROVAL BY-
A.R.S. § 41-1030.
DATE:
B. An agency shall not base a licensing decision in whole or in part on a licensing requirement or condition that is not specifically
authorized by statute, rule or state tribal gaming compact. A general grant of authority in statute does not constitute a basis for imposing a licensing
requirement or condition unless a rule is made pursuant to that general grant of authority that specifically authorizes the requirement or condition.
D. THIS SECTION MAY BE ENFORCED IN A PRIVATE CIVIL ACTION AND RELIEF MAY BE AWARDED AGAINST THE STATE. THE COURT MAY AWARD
REASONABLE ATTORNEY FEES, DAMAGES AND ALL FEES ASSOCIATED WITH THE LICENSE APPLICATION TO A PARTY THAT PREVAILS IN AN ACTION
AGAINST THE STATE FOR A VIOLATION OF THIS SECTION.
E. A STATE EMPLOYEE MAY NOT INTENTIONALLY OR KNOWINGLY VIOLATE THIS SECTION. A VIOLATION OF THIS SECTION IS CAUSE FOR
DISCIPLINARY ACTION OR DISMISSAL PURSUANT TO THE AGENCY'S ADOPTED PERSONNEL POLICY.
F. THIS SECTION DOES NOT ABROGATE THE IMMUNITY PROVIDED BY SECTION 12-820.01 OR 12-820.02.
3/1/2016 Page 4 of 4
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TOWN OF FOUNTAIN HILLS
ADMINISTRATION DEPARTMENT
INTER OFFICE MEMO
TO: (as applicable)
DATE: 9/4/2018
• Streets Division
6t—p4 i
• Fire Department
Building Safety
• Building Division
• Community Services
X
• Development Services
Corey Povar
• Law Enforcement
• Licensing
Development Services
FR: Corey Povar,
RE: Special Event Liquor Application
Recreation Manager
Attached is a Special Event Liquor Application for staff review.
Review the application, then sign, indicating staff's recommendation for approval (with or without stipulations) or
denial.
If staff's recommendation is to deny and/or there are stipulations for approval, please attach a memo that specifies the
reasoning and the memo will be forwarded on to the Town Council for their consideration of this application.
Name of Organization: Fountain Events Inc.
Applicant: Christine Colley
Date(s) of Event: September 28 - 29, 2018 in Fountain Park
Date Application Received: 8/4/2018 Town Council Agenda Date: 9/11/2018
STAFF REVIEW AND RECOMMENDATION:
Department/Division
Staff Member
Approved
Denied
N/A
Building Safety
Peter Johnson
X
Community Services
Corey Povar
X
Development Services
Marissa Mooren/ll
Fire Department
Jason Payne
Law Enforcement
Robert Palumbo
Licensing
Sonia Kukkola
X
Street Department
Justin Weldy
Attach report for denial or any recommendation requiring stipulations.
Meeting Date: 9/11/2018
Agenda Type: Regular
TOWN OF FOUNTAIN HILLS
TOWN COUNCIL
AGENDA ACTION FORM
Meeting Type: Special Meeting
Submitting Department: Administration
Staff Contact Information: Grady E. Miller, Town Manager, 480-816-5107, gmiller@fh.az.gov
REQUEST TO COUNCIL (,agenda Language): CONSIDERATION OF Resolution No. 2018-54, approving
intergovernmental agreements with the Fort McDowell Yavapai Nation relating to Proposition 202 funding.
Applicant: NA
Applicant Contact Information: NA
Owner: NA
Owner Contact Information: NA
Property Location: NA
Related Ordinance, Policy or Guiding Principle: Section 12 of the Gaming Compact 2002 and A.R.S. §5-601.02;
Fountain Hills Resolution 2004-34
Staff Summary (background): Proposition 202 [Gaming Compact with the State of Arizona] was a ballot measure
passed by the Arizona voters in the 2002 state general election and codified in A.R.S. §5-601.02. This legislation allows
for distribution of funds to be solicited by cities, towns, and counties for their programs from Arizona Indian Tribes for
government services that benefit the general public, which include public safety, mitigation of impacts of gaming, and the
promotion of commerce and economic development.
The Compact permits the Nation to allocate 12% of the fees it pays to the State to cities, towns, and counties in the State
of Arizona. Many non -profits also request this funding as "pass through dollars" from cities, towns, and counties to support
programs within their communities. Because the legislation required that the funds be solicited by a municipality or county,
the Town Council approved Resolution 2004-34 on July 1, 2004, which adopted the Town's policy and procedures relating
to the Proposition 202 application process for the procurement of funds on behalf of various entities (i.e. as a pass
through for funds).
The Fort McDowell Yavapai Nation has awarded a total of $106,765.00 for FY2018 as follows:
Fountain Hills Unified School District (full-time intervention specialist) $ 51,765.00
Town of Fountain Hills Tourism Division (new advertising project to promote golf destination) $ 10,000.00
Town of Fountain Hills Cultural and Civic Association (community garden project) $ 30,000.00
Golden Eagle Education Foundation (classroom projects and mentorship) $ 10,000.00
River of Time Museum (enhance tour and registration capacity) $ 5.000.00
TOTAL FY2018 $106,765.00
Risk Analysis (options or alternatives with implications): NA
Fiscal Impact (initial and ongoing costs; budget status): NA
Budget Reference (page number): NA
Funding Source: NA
Page 1 of 2
If Multiple Funds utilized, list here: NA
Budgeted; if No, attach Budget Adjustment Form: NA
Recommendation(s) by Board(s) or Commission(s): NA
Staff Recommendation(s): Adopt Resolution 2018-54
List Attachment(s): Resolution 2018-54
SUGGESTED MOTION (for council use): MOVE to adopt Resolution 2018-54
Prepared by:
Director's Approval:
Approved:
Grady E. Miller, Towor Date
Page 2 of 2
RESOLUTION 2018-54
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, APPROVING INTERGOVERNMENTAL AGREE-
MENTS WITH THE FORT MCDOWELL YAVAPAI NATION RELATING TO
PROPOSITION 202 FUNDING
ENACTMENTS:
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as
follows:
SECTION 1. The Intergovernmental Agreements between the Town of Fountain Hills and the
Fort McDowell Yavapai Nation relating to Proposition 202 funding for promotion of tourism and
other public programs (the "Agreements") are hereby approved in substantially the form and
substance attached hereto as Exhibits A, B, C, D, and E, incorporated herein by reference.
SECTION 2. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are
hereby authorized and directed to cause the execution of the Agreements and to take all steps
necessary to carry out the purpose and intent of this Resolution.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, on
September 11, 2018.
FOR THE TOWN OF FOUNTAIN HILLS:
Linda M. Kavanagh, Mayor
REVIEWED BY:
Gra y E. Mi" n Manager
ATTESTED TO:
Elizabeth A. Burke, Town Clerk
APPROVED AS TO FORM:
Mitesh V. Patel, Interim Town Attorney
Dickinson Wright, PLLC
Intergovernmental Agreement
Between
The Town of Fountain Hills and The Fort McDowell Yavapai Nation
To
Provide Funds for Promoting Public Programs
In the Town of Fountain Hills
And
Surrounding Communities
Pursuant To A Tribal Revenue Sharing Agreement
Authorized By
Section 12 Payment of Regulatory Costs; Tribal Contributions
Fort McDowell Yavapai Nation and State of Arizona
Gaming Compact 2002,
And
A.R.S. § 5-601.02
Fort McDowell, Arizona
Intergovernmental Agreement
Between
The Town of Fountain hills and The Fort McDowell Yavapai Nation to
Provide Funds for Promoting Public Programs
in the Town of Fountain Bills and Surrounding Communities
This Intergovernmental Agreement (this "Agreement") is entered into by and between the Town of
Fountain Hills, an Arizona municipal corporation (the "Town") and the Fort McDowell Yavapai Nation
(the "Nation"), a Federally -Recognized Indian Tribe, pursuant to Section 12 Payment of Regulatory Costs;
Tribal Contributions ("Section 12") of the Fort McDowell Yavapai Nation and State of Arizona Gaming
Compact 2002 (the "Compact") and A.R.S. § 5-601.02.
Recitals
A. The Town and Nation may enter into an agreement with one another for the distribution of 12% of the
Nation's annual contribution under Section 12(b)(1) 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.
B. The Nation is authorized by Section 13(A)(I5) of Article V, Legislative Branch, of the Constitution of
the Fort McDowell Yavapai Nation 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.
C. The Town is authorized by A.R.S. §§ 5-601.02 and 11-952 to enter into agreements with Indian Tribes
for the purpose of accepting distributions to cities, towns or counties for governmental services that
benefit the general public, including public safety, mitigation of impacts of gaming, or promotion of
commerce and economic development.
D. The Town and Nation desire to enter into this Agreement to provide funds for the purpose of promoting
public programs in the State of Arizona and specifically the Town of Fountain Hills and surrounding
communities, as designated by the Nation, hereinafter referred to as the "Designated Entity", as more
particularly described in Exhibit A attached hereto and incorporated herein by reference.
E. The Town and Nation desire to enter into this Agreement to define the terms and conditions of the
Nations' funding of the Designated Entity.
F. The amount of $51,765.00 is hereby made available for the Designated Entity from revenue generated
by the Nation's Gaming Enterprise also known as the Fort McDowell Casino.
G. The Nation intends to provide $51,765.00 (the "Funds"), which represents a portion of its contribution
pursuant to a Tribal Revenue Sharing Agreement authorized by Section 12 of the Compact and A.R.S.
§ 5-601.02.
Agreement
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein, and the
covenants and promises set forth below, the Nation and the Town, hereby mutually agree as follows:
1. Designated Entity. The Designated Entity(s) is the Town and/or a non-profit entity within the Town
of Fountain Hills which operates for the public benefit in the Town of Fountain Hills and surrounding
areas, as identified in the attached Exhibit A.
2. Disbursement of Funds. After receipt of the Funds from the Nation, the Town shall send a payment
to such Designated Entity(s) in the amount of the payment received from the Nation as expeditiously
as possible.
3. Consideration and Reliance. The Nation expressly acknowledges that the Town's promise to accept
and disburse to the Designated Entity 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 Nation under applicable law.
4. Limited Duties of Town. The Nation further expressly agrees that, except as specifically set forth in
this Agreement, the Town has no duties under or related to this Agreement other than to receive the
Funds and deliver same to the Designated Entity; selection of Designated Entity and determination as
to the amount of funding are solely at the discretion of the Nation. The Parties agree that there are no
third -party beneficiaries to this Agreement.
5. Financing; Verification of Payment.
A. Nation Deposit. The Nation shall deposit with the Town the amount of $51,765.00 within thirty
(30) days of the Effective Date of this Agreement to be disbursed according the Designated Project
amounts in Exhibit A.
B. Verification of Payment. At the request of the Nation, the Town shall provide a verification of
payment to the Designated Entity. The Town's responsibility is limited to disbursement to each
Designated Entity and the Town has no further duty with regard to third party, provided that the
disbursement is complete.
6. Inspection and Audit. To ensure compliance with the Town's limited duties herein, the Nation may
inspect any and all records maintained by the Town with respect to the Project upon seven (7) days
prior, written notice to the Town. This Section 6 shall survive termination, cancellation, or revocation,
whether whole or in part, of this Agreement for a period of one (1) year following the date of such
termination, cancellation, or revocation.
7. Term and Termination of Agreement.
A. Effective Date. This Agreement shall be effective on the date it is signed by the Nation's authorized
representative.
B. Term. This Agreement shall commence upon the Effective Date and shall terminate when the funds
have been received by the Town and disbursed to the Designated Entity.
C. Termination. The Nation may terminate this Agreement with or without cause at any time prior to
providing payment to the Town, provided that such notice shall be in writing and delivered to the
parties' designated representatives, as set forth in the Notice section.
D. Cancellation. Each party acknowledges that the Town has the statutory right for three (3) years to
cancel this Agreement if, while this Agreement or any extension is in effect, any person
significantly involved in negotiating, drafting or securing this Agreement on behalf of any party is
(i) an employee or agent of the other party in any capacity, or (ii) a consultant to the other party
with respect to the subject matter of this Agreement, as provided pursuant to AR.S. § 38-511.
8. Indemnification.
A. Indemnification. Each party shall indemnify, defend, and hold harmless the other party, 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, attorney's, consultant's, and account's fees or costs and expenses of
whatsoever kind and nature, resulting from or arising out of the negligence or willful misconduct
of the indemnifying party, its employees or agents in performing the duties set forth in this
Agreement.
B. No Liability for Other Party's Debts and Obligations. Neither party shall be liable for any debts,
accounts, obligations, nor other liabilities whatsoever of the other, including and without limitation
the other party's obligation to withhold employment and income taxes for itself or any of its
employees.
C. Severability. This Section 8 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 Section 8 shall remain in effect for each claim and/or lawsuit filed thereafter, but in no event
shall this Section 8 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.
E. Days. Days shall mean calendar days.
F. 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 an agreement on a substitute provision.
10. Waiver. Waiver or delay in enforcement by either party of any breach of a term, covenant, or condition
contained herein shall not be deemed a waiver of any other term, covenant, or condition, or any
subsequent breach of the same or any other term, covenant, or condition contained herein.
1 I. Notification. 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 Fort McDowell Yavapai Nation:
Bernadine Bumette, President
Fort McDowell Yavapai Nation
P.O. Box 17779
Fountain Hills, AZ 85269
For the Town of Fountain Hills:
Grady Miller, Town Manager
Town of Fountain Hills
16705 E. Avenue of the Fountains
Fountain Hills, AZ 85268
Diandra Benally, General Counsel
Fort McDowell Yavapai Nation
P.O. Box 17779
Fountain Hills, AZ 85269
Mitesh V. Patel
Town Attorney
Dickinson Wright
1850 N. Central Avenue, Suite 1400
Phoenix, AZ 85004
12. Assignment and Delegation. Neither parry 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.
13. Non -Waiver of Sovereign Immunity. Nothing in this Agreement, Exhibit A or the Funding
Agreements shall be construed to waive the Sovereign Immunity of the Nation.
[SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, the Town of Fountain Hills has caused this Intergovernmental Agreement to be
executed by the Mayor, upon resolution of the Town Council and attested by the Clerk of the Town, and
the Fort McDowell Yavapai Nation has caused this Intergovernmental Agreement to be executed by the
Nation's Tribal Council and attested to by its Secretary.
This Agreement is effective upon signature of a duly appointed representative of the Fort McDowell
Yavapai Nation.
ATTEST: FORT MCDOWELL YAVAPAI NATION
Verlene Enos, Secretary
Fort McDowell Yavapai Nation
Date
ATTEST:
Elizabeth A. Burke, Town Clerk
Town of Fountain Hills
Bernadine Burnette
President, Tribal Council
Fort McDowell Yavapai Nation
Date
TOWN OF FOUNTAIN FALLS
Linda M. Kavanagh, Mayor
Town of Fountain Hills
Date Date
The undersigned attorney acknowledges that he has reviewed the above Agreement on behalf of the FORT
MCDOWELL YAVAPAI NATION, 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 Fort McDowell
Yavapai Nation, Section 13(A)(15), Article V Legislative Branch, as adopted October 19, 1999 and
approved by the U.S. Deputy Commissioner of Indian Affairs November 12, 1999. This acknowledgement
shall not constitute nor be construed as a waiver of the Sovereign Immunity of the Fort McDowell Yavapai
Nation.
Diimdra Benally, General Counsel Date
Fort McDowell Yavapai Nation
In accordance with the requirements of A.R.S. § 11-952(D), the undersigned attorney acknowledges that
(i) he has reviewed the above Agreement on behalf of the TOWN OF FOUNTAIN HILLS and (ii) as to the
Town of Fountain Hills 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.
Mitesh V. Patel, Town Attorney Date
Town of Fountain Hills
EXEnIT A
DESIGNATED ENTITY
Award Contact
rountam Hills Umhed School District Education $51,765.00 Dr. Robert Allen
Provide full-time intervention specialist
TOTAL $51,765.00
Intergovernmental Agreement
Between
The Town of Fountain Hills and The Fort McDowell Yavapai Nation
To
Provide Funds for Promoting Public Programs
In the Town of Fountain Hills
And
Surrounding Communities
Pursuant To A Tribal Revenue Sharing Agreement
Authorized By
Section 12 Payment of Regulatory Costs; Tribal Contributions
Fort McDowell Yavapai Nation and State of Arizona
Gaming Compact 2002,
And
A.R.S. § 5-601.02
Fort McDowell, Arizona
Intergovernmental Agreement
Between
The Town of Fountain Hills and The Fort McDowell Yavapai Nation to
Provide Funds for Promoting Public Programs
in the Town of Fountain Hills and Surrounding Communities
This Intergovernmental Agreement (this "Agreement") is entered into by and between the Town of
Fountain Hills, an Arizona municipal corporation (the "Town") and the Fort McDowell Yavapai Nation
(the "Nation"), a Federally -Recognized Indian Tribe, pursuant to Section 12 Payment of Regulatory Costs;
Tribal Contributions ("Section 12") of the Fort McDowell Yavapai Nation and State of Arizona Gaming
Compact 2002 (the "Compact") and A.R.S. § 5-601.02.
Recitals
A. The Town and Nation may enter into an agreement with one another for the distribution of 12% of the
Nation's annual contribution under Section 12(b)(1) 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.
B. The Nation is authorized by Section 13(A)(15) of Article V, Legislative Branch, of the Constitution of
the Fort McDowell Yavapai Nation 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.
C. The Town is authorized by A.R.S. §§ 5-601.02 and 11-952 to enter into agreements with Indian Tribes
for the purpose of accepting distributions to cities, towns or counties for governmental services that
benefit the general public, including public safety, mitigation of impacts of gaming, or promotion of
commerce and economic development.
D. The Town and Nation desire to enter into this Agreement to provide funds for the purpose of promoting
tourism and other public programs in the State of Arizona and specifically the Town of Fountain Hills
and surrounding communities, as designated by the Nation, hereinafter referred to as the "Designated
Entity", as more particularly described in Exhibit A attached hereto and incorporated herein by
reference.
E. The Town and Nation desire to enter into this Agreement to define the terms and conditions of the
Nations' funding of the Designated Entity.
F. The amount of $10,000.00 is hereby made available for the Designated Entity from revenue generated
by the Nation's Gaming Enterprise also known as the Fort McDowell Casino.
G. The Nation intends to provide $10,000.00 (the "Funds"), which represents a portion of its contribution
pursuant to a Tribal Revenue Sharing Agreement authorized by Section 12 of the Compact and A.R.S.
§ 5-601.02.
Aereement
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein, and the
covenants and promises set forth below, the Nation and the Town, hereby mutually agree as follows:
1. Designated Entity. The Designated Entity(s) is the Town and/or a non-profit entity within the Town
of Fountain Hills which operates for the public benefit in the Town of Fountain Hills and surrounding
areas, as identified in the attached Exhibit A.
2. Disbursement of Funds. After receipt of the Funds from the Nation, the Town shall send a payment
to such Designated Entity(s) in the amount of the payment received from the Nation as expeditiously
as possible.
3. Consideration and Reliance. The Nation expressly acknowledges that the Town's promise to accept
and disburse to the Designated Entity 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 Nation under applicable law.
4. Limited Duties of Town. The Nation further expressly agrees that, except as specifically set forth in
this Agreement, the Town has no duties under or related to this Agreement other than to receive the
Funds and deliver same to the Designated Entity; selection of Designated Entity and determination as
to the amount of funding are solely at the discretion of the Nation. The Parties agree that there are no
third -party beneficiaries to this Agreement.
5. Financing; Verification of Payment.
A. Nation Deposit. The Nation shall deposit with the Town the amount of $10,000.00 within thirty
(30) days of the Effective Date of this Agreement to be disbursed according the Designated Project
amounts in Exhibit A.
B. Verification of Payment. At the request of the Nation, the Town shall provide a verification of
payment to the Designated Entity. The Town's responsibility is limited to disbursement to each
Designated Entity and the Town has no further duty with regard to third party, provided that the
disbursement is complete.
6. Inspection and Audit. To ensure compliance with the Town's limited duties herein, the Nation may
inspect any and all records maintained by the Town with respect to the Project upon seven (7) days
prior, written notice to the Town. This Section 6 shall survive termination, cancellation, or revocation,
whether whole or in part, of this Agreement for a period of one (1) year following the date of such
termination, cancellation, or revocation.
7. Term and Termination of Agreement.
A. Effective Date. This Agreement shall be effective on the date it is signed by the Nation's authorized
representative.
B. Term. This Agreement shall commence upon the Effective Date and shall terminate when the funds
have been received by the Town and disbursed to the Designated Entity.
C. Termination. The Nation may terminate this Agreement with or without cause at any time prior to
providing payment to the Town, provided that such notice shall be in writing and delivered to the
parties' designated representatives, as set forth in the Notice section.
D. Cancellation. Each party acknowledges that the Town has the statutory right for three (3) years to
cancel this Agreement if, while this Agreement or any extension is in effect, any person
significantly involved in negotiating, drafting or securing this Agreement on behalf of any party is
(i) an employee or agent of the other party in any capacity, or (ii) a consultant to the other party
with respect to the subject matter of this Agreement, as provided pursuant to AR.S. § 38-511.
8. Indemnification.
A. Indemnification. Each party shall indemnify, defend, and hold harmless the other party, 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, attorney's, consultant's, and account's fees or costs and expenses of
whatsoever kind and nature, resulting from or arising out of the negligence or willful misconduct
of the indemnifying party, its employees or agents in performing the duties set forth in this
Agreement.
B. No Liability for Other Party's Debts and Obligations. Neither party shall be liable for any debts,
accounts, obligations, nor other liabilities whatsoever of the other, including and without limitation
the other party's obligation to withhold employment and income taxes for itself or any of its
employees.
C. Severability. This Section 8 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 Section 8 shall remain in effect for each claim and/or lawsuit filed thereafter, but in no event
shall this Section 8 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
parry to this Agreement.
E. Days. Days shall mean calendar days.
F. 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 parry in an attempt to.reach an agreement on a substitute provision.
10. Waiver. Waiver or delay in enforcement by either party of any breach of a term, covenant, or condition
contained herein shall not be deemed a waiver of any other term, covenant, or condition, or any
subsequent breach of the same or any other term, covenant, or condition contained herein.
11. Notification. 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 Fort McDowell Yavapai Nation:
Bernadine Burnette, President
Fort McDowell Yavapai Nation
P.O. Box 17779
Fountain Hills, AZ 85269
For the Town of Fountain Hills:
Grady Miller, Town Manager
Town of Fountain Hills
16705 E. Avenue of the Fountains
Fountain Hills, AZ 85268
Diandra Benally, General Counsel
Fort McDowell Yavapai Nation
P.O. Box 17779
Fountain Hills, AZ 85269
Mitesh V. Patel
Town Attorney
Dickinson Wright
1850 N. Central Avenue, Suite 1400
Phoenix, AZ 85004
12. 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.
13. Non -Waiver of Sovereign Immunity. Nothing in this Agreement, Exhibit A or the Funding
Agreements shall be construed to waive the Sovereign Immunity of the Nation.
[SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, the Town of Fountain Hills has caused this Intergovernmental Agreement to be
executed by the Mayor, upon resolution of the Town Council and attested by the Clerk of the Town, and
the Fort McDowell Yavapai Nation has caused this Intergovernmental Agreement to be executed by the
Nation's Tribal Council and attested to by its Secretary.
This Agreement is effective upon signature of a duly appointed representative of the Fort McDowell
Yavapai Nation.
ATTEST: FORT MCDOWELL YAVAPAI NATION
Verlene Enos, Secretary
Fort McDowell Yavapai Nation
Date
ATTEST:
Elizabeth A. Burke, Town Clerk
Town of Fountain Hills
Bernadine Burnette
President, Tribal Council
Fort McDowell Yavapai Nation
Date
TOWN OF FOUNTAIN HILLS
Linda M. Kavanagh, Mayor
Town of Fountain Hills
Date Date
The undersigned attorney acknowledges that he has reviewed the above Agreement on behalf of the FORT
MCDOWELL YAVAPAI NATION, 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 Fort McDowell
Yavapai Nation, Section 13(A)(15), Article V Legislative Branch, as adopted October 19, 1999 and
approved by the U.S. Deputy Commissioner of Indian Affairs November 12, 1999. This acknowledgement
shall not constitute nor be construed as a waiver of the Sovereign Immunity of the Fort McDowell Yavapai
Nation.
Diandra Benally, General Counsel Date
Fort McDowell Yavapai Nation
In accordance with the requirements of A.R.S. § 11-952(D), the undersigned attorney acknowledges that
(i) he has reviewed the above Agreement on behalf of the TOWN OF FOUNTAIN HILLS and (ii) as to the
Town of Fountain Hills 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.
Mitesh V. Patel, Town Attorney Date
Town of Fountain Hills
EXFIIBIT A
DESIGNATED ENTITY
Award Contact
I own of Y ountam Hills Tourism $10,000.00 Grace Rodman-Guetter
Tourism Division — New advertising project to promote golf destination
TOTAL $10,000.00
Intergovernmental Agreement
Between
The Town of Fountain Hills and The Fort McDowell Yavapai Nation
To
Provide Funds for Promoting Public Programs
In the Town of Fountain Hills
And
Surrounding Communities
Pursuant To A Tribal Revenue Sharing Agreement
Authorized By
Section 12 Payment of Regulatory Costs; Tribal Contributions
Fort McDowell Yavapai Nation and State of Arizona
Gaming Compact 2002,
And
A.R.S. § 5-601.02
Fort McDowell, Arizona
Intergovernmental Agreement
Between
The Town of Fountain Hills and The Fort McDowell Yavapai Nation to
Provide Funds for Promoting Public Programs
in the Town of Fountain Hills and Surrounding Communities
This Intergovernmental Agreement (this "Agreement") is entered into by and between the Town of
Fountain Hills, an Arizona municipal corporation (the "Town") and the Fort McDowell Yavapai Nation
(the "Nation"), a Federally -Recognized Indian Tribe, pursuant to Section 12 Payment of Regulatory Costs;
Tribal Contributions ("Section 12") of the Fort McDowell Yavapai Nation and State of Arizona Gaming
Compact 2002 (the "Compact") and A.R.S. § 5-601.02.
Recitals
A. The Town and Nation may enter into an agreement with one another for the distribution of 12% of the
Nation's annual contribution under Section 12(b)(1) 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.
B. The Nation is authorized by Section 13(A)(15) of Article V, Legislative Branch, of the Constitution of
the Fort McDowell Yavapai Nation 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.
C. The Town is authorized by A.R.S. §§ 5-601.02 and 11-952 to enter into agreements with Indian Tribes
for the purpose of accepting distributions to cities, towns or counties for governmental services that
benefit the general public, including public safety, mitigation of impacts of gaming, or promotion of
commerce and economic development.
D. The Town and Nation desire to enter into this Agreement to provide funds for the purpose of promoting
public programs in the State of Arizona and specifically the Town of Fountain Hills and surrounding
communities, as designated by the Nation, hereinafter referred to as the "Designated Entity", as more
particularly described in Exhibit A attached hereto and incorporated herein by reference.
E. The Town and Nation desire to enter into this Agreement to define the terms and conditions of the
Nations' funding of the Designated Entity.
F. The amount of $30,000.00 is hereby made available for the Designated Entity from revenue generated
by the Nation's Gaming Enterprise also known as the Fort McDowell Casino.
G. The Nation intends to provide $30,000.00 (the "Funds"), which represents a portion of its contribution
pursuant to a Tribal Revenue Sharing Agreement authorized by Section 12 of the Compact and A.R.S.
§ 5-601.02.
Aereement
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein, and the
covenants and promises set forth below, the Nation and the Town, hereby mutually agree as follows:
1. Designated Entity. The Designated Entity(s) is the Town and/or a non-profit entity within the Town
of Fountain Hills which operates for the public benefit in the Town of Fountain Hills and surrounding
areas, as identified in the attached Exhibit A.
Disbursement of Funds. After receipt of the Funds from the Nation, the Town shall send a payment
to such Designated Entity(s) in the amount of the payment received from the Nation as expeditiously
as possible.
3. Consideration and Reliance. The Nation expressly acknowledges that the Town's promise to accept
and disburse to the Designated Entity 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 Nation wider applicable law.
4. Limited Duties of Town. The Nation further expressly agrees that, except as specifically set forth in
this Agreement, the Town has no duties under or related to this Agreement other than to receive the
Funds and deliver same to the Designated Entity; selection of Designated Entity and determination as
to the amount of funding are solely at the discretion of the Nation. The Parties agree that there are no
third -party beneficiaries to this Agreement.
5. Financing; Verification of Payment.
A. Nation Deposit. The Nation shall deposit with the Town the amount of $30,000.00 within thirty
(30) days of the Effective Date of this Agreement to be disbursed according the Designated Project
amounts in Exhibit A.
B. Verification of Payment. At the request of the Nation, the Town shall provide a verification of
payment to the Designated Entity. The Town's responsibility is limited to disbursement to each
Designated Entity and the Town has no further duty with regard to third party, provided that the
disbursement is complete.
6. Inspection and Audit. To ensure compliance with the Town's limited duties herein, the Nation may
inspect any and all records maintained by the Town with respect to the Project upon seven (7) days
prior, written notice to the Town. This Section 6 shall survive termination, cancellation, or revocation,
whether whole or in part, of this Agreement for a period of one (1) year following the date of such
termination, cancellation, or revocation.
7. Term and Termination of Agreement.
A. Effective Date. This Agreement shall be effective on the date it is signed by the Nation's authorized
representative.
B. Term. This Agreement shall commence upon the Effective Date and shall terminate when the funds
have been received by the Town and disbursed to the Designated Entity.
2
C. Termination. The Nation may terminate this Agreement with or without cause at any time prior to
providing payment to the Town, provided that such notice shall be in writing and delivered to the
parties' designated representatives, as set forth in the Notice section.
D. Cancellation. Each party acknowledges that the Town has the statutory right for three (3) years to
cancel this Agreement if, while this Agreement or any extension is in effect, any person
significantly involved in negotiating, drafting or securing this Agreement on behalf of any party is
(i) an employee or agent of the other party in any capacity, or (ii) a consultant to the other party
with respect to the subject matter of this Agreement, as provided pursuant to AR.S. § 38-511.
8. Indemnification.
A. Indemnification. Each party shall indemnify, defend, and hold harmless the other party, 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, attorney's, consultant's, and account's fees or costs and expenses of
whatsoever kind and nature, resulting from or arising out of the negligence or willful misconduct
of the indemnifying party, its employees or agents in performing the duties set forth in this
Agreement.
B. No Liability for Other Party's Debts and Obligations. Neither party shall be liable for any debts,
accounts, obligations, nor other liabilities whatsoever of the other, including and without limitation
the other party's obligation to withhold employment and income taxes for itself or any of its
employees.
C. Severability. This Section 8 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 Section 8 shall remain in effect for each claim and/or lawsuit filed thereafter, but in no event
shall this Section 8 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.
E. Days. Days shall mean calendar days.
F. 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 an agreement on a substitute provision.
10. Waiver. Waiver or delay in enforcement by either party of any breach of a term, covenant, or condition
contained herein shall not be deemed a waiver of any other tenn, covenant, or condition, or any
subsequent breach of the same or any other tern, covenant, or condition contained herein.
11. Notification. 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 Fort McDowell Yavapai Nation:
Bernadine Burnette, President
Fort McDowell Yavapai Nation
P.O. Box 17779
Fountain Hills, AZ 85269
For the Town of Fountain Hills:
Grady Miller, Town Manager
Town of Fountain Hills
16705 E. Avenue of the Fountains
Fountain Hills, AZ 85268
Diandra Benally, General Counsel
Fort McDowell Yavapai Nation
P.O. Box 17779
Fountain Hills, AZ 85269
Mitesh V. Patel
Town Attorney
Dickinson Wright
1850 N. Central Avenue, Suite 1400
Phoenix, AZ 85004
12. 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.
13. Non -Waiver of Sovereign Immunity. Nothing in this Agreement, Exhibit A or the Funding
Agreements shall be construed to waive the Sovereign Immunity of the Nation.
[SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, the Town of Fountain Hills has caused this Intergovernmental Agreement to be
executed by the Mayor, upon resolution of the Town Council and attested by the Clerk of the Town, and
the Fort McDowell Yavapai Nation has caused this Intergovernmental Agreement to be executed by the
Nation's Tribal Council and attested to by its Secretary.
This Agreement is effective upon signature of a duly appointed representative of the Fort McDowell
Yavapai Nation.
ATTEST: FORT MCDOWELL YAVAPAI NATION
Verlene Enos, Secretary
Fort McDowell Yavapai Nation
Date
ATTEST:
Elizabeth A. Burke, Town Clerk
Town of Fountain Hills
Bernadine Burnette
President, Tribal Council
Fort McDowell Yavapai Nation
Date
TOWN OF FOUNTAIN HILLS
Linda M. Kavanagh, Mayor
Town of Fountain Hills
Date Date
The undersigned attorney acknowledges that he has reviewed the above Agreement on behalf of the FORT
MCDOWELL YAVAPAI NATION, 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 Fort McDowell
Yavapai Nation, Section 13(A)(15), Article V Legislative Branch, as adopted October 19, 1999 and
approved by the U.S. Deputy Commissioner of Indian Affairs November 12, 1999. This acknowledgement
shall not constitute nor be, construed as a waiver of the Sovereign Immunity of the Fort McDowell Yavapai
Nation.
Diandra Benally, General Counsel Date
Fort McDowell Yavapai Nation
In accordance with the requirements of A.R.S. § 11-952(D), the undersigned attorney acknowledges that
(i) he has reviewed the above Agreement on behalf of the TOWN OF FOUNTAIN HILLS and (ii) as to the
Town of Fountain Hills 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.
Mitesh V. Patel, Town Attorney Date
Town of Fountain Hills
EXHIBIT A
DESIGNATED ENTITY
Entity(s) Purpose Award Contact
Town of Fountain Hills Community Improvement $30,000.00 Jenny Willigrod
Cultural and Civic Association Community Garden Project
TOTAL $30,000.00
Intergovernmental Agreement
Between
The Town of Fountain Hills and The Fort McDowell Yavapai Nation
To
Provide Funds for Promoting Public Programs
In the Town of Fountain Hills
And
Surrounding Communities
Pursuant To A Tribal Revenue Sharing Agreement
Authorized By
Section 12 Payment of Regulatory Costs; Tribal Contributions
Fort McDowell Yavapai Nation and State of Arizona
Gaming Compact 2002,
And
A.R.S. § 5-601.02
Fort McDowell, Arizona
Intergovernmental Agreement
Between
The Town of Fountain Hills and The Fort McDowell Yavapai Nation to
Provide Funds for Promoting Public Programs
in the Town of Fountain Hills and Surrounding Communities
This Intergovernmental Agreement (this "Agreement") is entered into by and between the Town of
Fountain Hills, an Arizona municipal corporation (the "Town") and the Fort McDowell Yavapai Nation
(the "Nation"), a Federally -Recognized Indian Tribe, pursuant to Section 12 Payment of Regulatory Costs;
Tribal Contributions ("Section 12") of the Fort McDowell Yavapai Nation and State of Arizona Gaming
Compact 2002 (the "Compact") and A.R.S. § 5-601.02.
Recitals
A. The Town and Nation may enter into an agreement with one another for the distribution of 12% of the
Nation's annual contribution under Section 12(b)(1) 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.
B. The Nation is authorized by Section 13(A)(15) of Article V, Legislative Branch, of the Constitution of
the Fort McDowell Yavapai Nation 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.
C. The Town is authorized by A.R.S. §§ 5-601.02 and 11-952 to enter into agreements with Indian Tribes
for the purpose of accepting distributions to cities, towns or counties for governmental services that
benefit the general public, including public safety, mitigation of impacts of gaming, or promotion of
commerce and economic development.
D. The Town and Nation desire to enter into this Agreement to provide funds for the purpose of promoting
public programs in the State of Arizona and specifically the Town of Fountain Hills and surrounding
communities, as designated by the Nation, hereinafter referred to as the "Designated Entity", as more
particularly described in Exhibit A attached hereto and incorporated herein by reference.
E. The Town and Nation desire to enter into this Agreement to define the terms and conditions of the
Nations' funding of the Designated Entity.
F. The amount of $10,000.00 is hereby made available for the Designated Entity from revenue generated
by the Nation's Gaming Enterprise also known as the Fort McDowell Casino.
G. The Nation intends to provide $10,000.00 (the "Funds"), which represents a portion of its contribution
pursuant to a Tribal Revenue Sharing Agreement authorized by Section 12 of the Compact and A.R.S.
§ 5-601.02.
Aereement
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein, and the
covenants and promises set forth below, the Nation and the Town, hereby mutually agree as follows:
1. Designated Entity. The Designated Entity(s) is the Town and/or a non-profit entity within the Town
of Fountain Hills which operates for the public benefit in the Town of Fountain Hills and surrounding
areas, as identified in the attached Exhibit A.
2. Disbursement of Funds. After receipt of the Funds from the Nation, the Town shall send a payment
to such Designated Entity(s) in the amount of the payment received from the Nation as expeditiously
as possible.
3. Consideration and Reliance. The Nation expressly acknowledges that the Town's promise to accept
and disburse to the Designated Entity 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 Nation under applicable law.
4. Limited Duties of Town. The Nation further expressly agrees that, except as specifically set forth in
this Agreement, the Town has no duties under or related to this Agreement other than to receive the
Funds and deliver same to the Designated Entity; selection of Designated Entity and determination as
to the amount of funding are solely at the discretion of the Nation. The Parties agree that there are no
third -party beneficiaries to this Agreement.
5. Financing; Verification of Payment.
A. Nation Deposit. The Nation shall deposit with the Town the amount of $10,000.00 within thirty
(30) days of the Effective Date of this Agreement to be disbursed according the Designated Project
amounts in Exhibit A.
B. Verification of Payment. At the request of the Nation, the Town shall provide a verification of
payment to the Designated Entity. The Town's responsibility is limited to disbursement to each
Designated Entity and the Town has no further duty with regard to third party, provided that the
disbursement is complete.
6. Inspection and Audit. To ensure compliance with the Town's limited duties herein, the Nation may
inspect any and all records maintained by the Town with respect to the Project upon seven (7) days
prior, written notice to the Town. This Section 6 shall survive termination, cancellation, or revocation,
whether whole or in part, of this Agreement for a period of one (1) year following the date of such
termination, cancellation, or revocation.
7. Term and Termination of Agreement.
A. Effective Date. This Agreement shall be effective on the date it is signed by the Nation's authorized
representative.
B. Term. This Agreement shall commence upon the Effective Date and shall terminate when the funds
have been received by the Town and disbursed to the Designated Entity.
C. Termination. The Nation may terminate this Agreement with or without cause at any time prior to
providing payment to the Town, provided that such notice shall be in writing and delivered to the
parties' designated representatives, as set forth in the Notice section.
D. Cancellation. Each parry acknowledges that the Town has the statutory right for three (3) years to
cancel this Agreement if, while this Agreement or any extension is in effect, any person
significantly involved in negotiating, drafting or securing this Agreement on behalf of any party is
(i) an employee or agent of the other party in any capacity, or (ii) a consultant to the other party
with respect to the subject matter of this Agreement, as provided pursuant to AR -S. § 38-511.
8. Indemnification.
A. Indemnification. Each party shall indemnify, defend, and hold harmless the other party, 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, attomey's, consultant's, and account's fees or costs and expenses of
whatsoever kind and nature, resulting from or arising out of the negligence or willful misconduct
of the indemnifying party, its employees or agents in performing the duties set forth in this
Agreement.
B. No Liabilityfor Other Party's Debts and Obligations. Neither party shall be liable for any debts,
accounts, obligations, nor other liabilities whatsoever of the other, including and without limitation
the other party's obligation to withhold employment and income taxes for itself or any of its
employees.
C. Severability. This Section 8 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 Section 8 shall remain in effect for each claim and/or lawsuit filed thereafter, but in no event
shall this Section 8 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.
E. Days. Days shall mean calendar days.
F. 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 an agreement on a substitute provision.
10. Waiver. Waiver or delay in enforcement by either party of any breach of a term, covenant, or condition
contained herein shall not be deemed a waiver of any other term, covenant, or condition, or any
subsequent breach of the same or any other term, covenant, or condition contained herein.
11. Notification. 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 Fort McDowell Yavapai Nation:
Bernadine Burnette, President
Fort McDowell Yavapai Nation
P.O. Box 17779
Fountain Hills, AZ 85269
For the Town of Fountain Hills:
Grady Miller, Town Manager
Town of Fountain Hills
16705 E. Avenue of the Fountains
Fountain Hills, AZ 85268
Diandra Benally, General Counsel
Fort McDowell Yavapai Nation
P.O. Box 17779
Fountain Hills, AZ 85269
Mitesh V. Patel
Town Attorney
Dickinson Wright
1850 N. Central Avenue, Suite 1400
Phoenix, AZ 85004
12. 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.
13. Non -Waiver of Sovereign Immunity. Nothing in this Agreement, Exhibit A or the Funding
Agreements shall be construed to waive the Sovereign Immunity of the Nation.
[SIGNATURES ON FOLLOWING PAGE]
IN WPINESS WHEREOF, the Town of Fountain Hills has caused this Intergovernmental Agreement to be
executed by the Mayor, upon resolution of the Town Council and attested by the Clerk of the Town, and
the Fort McDowell Yavapai Nation has caused this Intergovernmental Agreement to be executed by the
Nation's Tribal Council and attested to by its Secretary.
This Agreement is effective upon signature of a duly appointed representative of the Fort McDowell
Yavapai Nation.
ATTEST: FORT MCDOWELL YAVAPAI NATION
Verlene Enos, Secretary
Fort McDowell Yavapai Nation
Date
ATTEST:
Elizabeth A. Burke, Town Clerk
Town of Fountain Hills
Bernadine Burnette
President, Tribal Council
Fort McDowell Yavapai Nation
Date
TOWN OF FOUNTAIN LULLS
Linda M. Kavanagh, Mayor
Town of Fountain Hills
Date Date
The undersigned attorney acknowledges that he has reviewed the above Agreement on behalf of the FORT
MCDOWELL YAVAPAI NATION, 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 Fort McDowell
Yavapai Nation, Section 13(A)(15), Article V Legislative Branch, as adopted October 19, 1999 and
approved by the U.S. Deputy Commissioner of Indian Affairs November 12, 1999. This acknowledgement
shall not constitute nor be construed as a waiver of the Sovereign Immunity of the Fort McDowell Yavapai
Nation.
Diandra Benally, General Counsel Date
Fort McDowell Yavapai Nation
In accordance with the requirements of A.R_S. § 11-952(D), the undersigned attorney acknowledges that
(i) he has reviewed the above Agreement on behalf of the TOWN OF FOUNTAIN HILLS and (ii) as to the
Town of Fountain Hills 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.
Mitesh V. Patel, Town Attorney Date
Town of Fountain Hills
ENIIMIT A
DESIGNATED ENTITY
Award Contact
Golden Eagle Education Foundation Education $10,000.00 Dr. Lois McElligott
Provide Classroom Projects and Mentorship
TOTAL $10,000.00
Intergovernmental Agreement
Between
The Town of Fountain Hills and The Fort McDowell Yavapai Nation
To
Provide Funds for Promoting Public Programs
In the Town of Fountain Hills
And
Surrounding Communities
Pursuant To A Tribal Revenue Sharing Agreement
Authorized By
Section 12 Payment of Regulatory Costs; Tribal Contributions
Fort McDowell Yavapai Nation and State of Arizona
Gaming Compact 2002,
And
A.R.S. § 5-601.02
Fort McDowell, Arizona
Intergovernmental Agreement
Between
The Town of Fountain Hills and The Fort McDowell Yavapai Nation to
Provide Funds for Promoting Public Programs
in the Town of Fountain Hills and Surrounding Communities
This Intergovernmental Agreement (this "Agreement") is entered into by and between the Town of
Fountain Hills, an Arizona municipal corporation (the "Town") and the Fort McDowell Yavapai Nation
(the "Nation"), a Federally -Recognized Indian Tribe, pursuant to Section 12 Payment of Regulatory Costs;
Tribal Contributions ("Section 12") of the Fort McDowell Yavapai Nation and State of Arizona Gaming
Compact 2002 (the "Compact") and A.R.S. § 5-601.02.
Recitals
A. The Town and Nation may enter into an agreement with one another for the distribution of 12% of the
Nation's annual contribution under Section 12(b)(1) 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.
B. The Nation is authorized by Section 13(A)(15) of Article V, Legislative Branch, of the Constitution of
the Fort McDowell Yavapai Nation 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.
C. The Town is authorized by A.R.S. §§ 5-601.02 and 11-952 to enter into agreements with Indian Tribes
for the purpose of accepting distributions to cities, towns or counties for governmental services that
benefit the general public, including public safety, mitigation of impacts of gaming, or promotion of
commerce and economic development.
D. The Town and Nation desire to enter into this Agreement to provide funds for the purpose of promoting
public programs in the State of Arizona and specifically the Town of Fountain Hills and surrounding
communities, as designated by the Nation, hereinafter referred to as the "Designated Entity", as more
particularly described in Exhibit A attached hereto and incorporated herein by reference.
E. The Town and Nation desire to enter into this Agreement to define the terms and conditions of the
Nations' funding of the Designated Entity.
F. The amount of $5,000.00 is hereby made available for the Designated Entity from revenue generated
by the Nation's Gaming Enterprise also known as the Fort McDowell Casino.
G. The Nation intends to provide $5,000.00 (the "Funds"), which represents a portion of its contribution
pursuant to a Tribal Revenue Sharing Agreement authorized by Section 12 of the Compact and A.R.S.
§ 5-601.02.
Agreement
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein, and the
covenants and promises set forth below, the Nation and the Town, hereby mutually agree as follows:
1. Designated Entity. The Designated Entity(s) is the Town and/or a non-profit entity within the Town
of Fountain Hills which operates for the public benefit in the Town of Fountain Hills and surrounding
areas, as identified in the attached Exhibit A.
2. Disbursement of Funds. After receipt of the Funds from the Nation, the Town shall send a payment
to such Designated Entity(s) in the amount of the payment received from the Nation as expeditiously
as possible.
3. Consideration and Reliance. The Nation expressly acknowledges that the Town's promise to accept
and disburse to the Designated Entity 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 Nation under applicable law.
4. Limited Duties of Town. The Nation further expressly agrees that, except as specifically set forth in
this Agreement, the Town has no duties under or related to this Agreement other than to receive the
Funds and deliver same to the Designated Entity; selection of Designated Entity and determination as
to the amount of funding are solely at the discretion of the Nation. The Parties agree that there are no
third -party beneficiaries to this Agreement.
5. Financing; Verification of Payment.
A. Nation Deposit. The Nation shall deposit with the Town the amount of $5,000.00 within thirty (30)
days of the Effective Date of this Agreement to be disbursed according the Designated Project
amounts in Exhibit A.
B. Verification of Payment. At the request of the Nation, the Town shall provide a verification of
payment to the Designated Entity. The Town's responsibility is limited to disbursement to each
Designated Entity and the Town has no further duty with regard to third party, provided that the
disbursement is complete.
6. Inspection and Audit. To ensure compliance with the Town's limited duties herein, the Nation may
inspect any and all records maintained by the Town with respect to the Project upon seven (7) days
prior, written notice to the Town. This Section 6 shall survive termination, cancellation, or revocation,
whether whole or in part, of this Agreement for a period of one (1) year following the date of such
termination, cancellation, or revocation.
7. Term and Termination of Agreement.
A. Effective Date. This Agreement shall be effective on the date it is signed by the Nation's authorized
representative.
B. Term. This Agreement shall commence upon the Effective Date and shall terminate when the funds
have been received by the Town and disbursed to the Designated Entity.
2
C. Termination. The Nation may terminate this Agreement with or without cause at any time prior to
providing payment to the Town, provided that such notice shall be in writing and delivered to the
parries' designated representatives, as set forth in the Notice section.
D. Cancellation. Each party acknowledges that the Town has the statutory right for three (3) years to
cancel this Agreement if, while this Agreement or any extension is in effect, any person
significantly involved in negotiating, drafting or securing this Agreement on behalf of any party is
(i) an employee or agent of the other party in any capacity, or (ii) a consultant to the other party
with respect to the subject matter of this Agreement, as provided pursuant to AR.S. § 38-511.
8. Indemnification.
A. Indemnification. Each party shall indemnify, defend, and hold harmless the other party, 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, attorney's, consultant's, and account's fees or costs and expenses of
whatsoever kind and nature, resulting from or arising out of the negligence or willful misconduct
of the indemnifying party, its employees or agents in performing the duties set forth in this
Agreement.
B. No Liabilityfor Other Party's Debts and Obligations. Neither party shall be liable for any debts,
accounts, obligations, nor other liabilities whatsoever of the other, including and without limitation
the other party's obligation to withhold employment and income taxes for itself or any of its
employees.
C. Severability. This Section 8 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 Section 8 shall remain in effect for each claim and/or lawsuit filed thereafter, but in no event
shall this Section 8 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.
E. Days. Days shall mean calendar days.
F. 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 an agreement on a substitute provision.
10. Waiver. Waiver or delay in enforcement by either party of any breach of a term, covenant, or condition
contained herein shall not be deemed a waiver of any other term, covenant, or condition, or any
subsequent breach of the same or any other term, covenant, or condition contained herein.
11. Notification. 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 Fort McDowell Yavapai Nation:
Bernadine Burnette, President
Fort McDowell Yavapai Nation
P.O. Box 17779
Fountain Hills, AZ 85269
For the Town of Fountain Hills:
Grady Miller, Town Manager
Town of Fountain Hills
16705 E. Avenue of the Fountains
Fountain Hills, AZ 85268
Diandra Benally, General Counsel
Fort McDowell Yavapai Nation
P.O. Box 17779
Fountain Hills, AZ 85269
Mitesh V. Patel
Town Attorney
Dickinson Wright
1850 N. Central Avenue, Suite 1400
Phoenix, AZ 85004
12. 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.
13. Non -Waiver of Sovereign Immunity. Nothing in this Agreement, Exhibit A or the Funding
Agreements shall be construed to waive the Sovereign Immunity of the Nation.
[SIGNATURES ON FOLLOWING PAGE]
4
IN WITNESS WHEREOF, the Town of Fountain Hills has caused this Intergovernmental Agreement to be
executed by the Mayor, upon resolution of the Town Council and attested by the Clerk of the Town, and
the Fort McDowell Yavapai Nation has caused this Intergovernmental Agreement to be executed by the
Nation's Tribal Council and attested to by its Secretary.
This Agreement is effective upon signature of a duly appointed representative of the Fort McDowell
Yavapai Nation.
ATTEST: FORT MCDOWELL YAVAPAI NATION
Verlene Enos, Secretary
Fort McDowell Yavapai Nation
Date
ATTEST:
Elizabeth A. Burke, Town Clerk
Town of Fountain Hills
Bernadine Burnette
President, Tribal Council
Fort McDowell Yavapai Nation
Date
TOWN OF FOUNTAIN HILLS
Linda M. Kavanagh, Mayor
Town of Fountain Hills
Date Date
The undersigned attorney acknowledges that he has reviewed the above Agreement on behalf of the FORT
MCDOWELL YAVAPAI NATION, 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 Fort McDowell
Yavapai Nation, Section 13(A)(15), Article V Legislative Branch, as adopted October 19, 1999 and
approved by the U.S. Deputy Commissioner of Indian Affairs November 12, 1999. This acknowledgement
shall not constitute nor be construed as a waiver of the Sovereign Immunity of the Fort McDowell Yavapai
Nation.
Diandra Benally, General Counsel Date
Fort McDowell Yavapai Nation
In accordance with the requirements of A.R.S. § 11-952(D), the undersigned attorney acknowledges that
(i) he has reviewed the above Agreement on behalf of the TOWN OF FOUNTAIN HILLS and (ii) as to the
Town of Fountain Hills 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.
Mitesh V. Patel, Town Attorney Date
Town of Fountain Hills
EXHIBIT A
DESIGNATED ENTITY
Entity(s) Purpose Award Contact
River of Time Museum Education $5,000.00 Cberic Koss
Enhance Tour and Registration Capacity
TOTAL $5,000.00