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Home My WebLink AboutRes 2007-28 L RESOLUTION NO. 2007-28 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE FORT MCDOWELL YAVAPAI NATION RELATING TO COST SHARING OF A CANDIDATE ASSESSMENT REPORT. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. That the Intergovernmental Agreement between the Town of Fountain Hills and the Fort McDowell Yavapai Nation relating to cost sharing of a Candidate Assessment Report to determine the feasibility of construction of a road and bridge to connect Usery Pass Road with State Route 87, the Beeline Hwy, east of the Verde River(the "Agreement") is hereby approved in the form attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. That the Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to cause the execution of the Agreement 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, June 21, 2007. FOR THE TOWN OF OUNTAIN HILLS: ATTESTED TO: W. J.Nich s, Mayor Bevelyn J. der own Clerk REVIEWED BY• APPROVED AS TO FORM: 7-77 okyit Timothy G. Pickering, Town Manager Andrew J. McGuire, own Attorney L 741651 1 EXHIBIT A TO RESOLUTION NO. 2007-28 [Intergovernmental Agreement] See following pages. L 741651.1 INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS,ARIZONA AND FORT MCDOWELL YAVAPAI NATION THIS AGREEMENT is entered into c2-'6-71-e -2/ , 2007, pursuant to the Arizona Revised Statutes § 11-951 through 11-954, as amended, between the TOWN of FOUNTAIN HILLS, an Arizona municipal corporation, acting by and through its Town Council (the "Town") and the FORT MCDOWELL YAVAPAI NATION, a Federally-Recognized Indian Tribe, acting by and through its Tribal Council (the"Nation"). Fountain Hills and the Nation are collectively referred to as"Parties". RECITALS A. The Town is empowered by its Town Council to enter into this Agreement and has by resolution authorized the undersigned the authority to execute this Agreement on behalf of the Town. B. The Nation is empowered by its Tribal Council to enter into this Agreement and has by resolution authorized the undersigned to execute this Agreement on behalf of the Tribe. C. The Parties desire to enter into this agreement for the purpose of sharing the Nation's cost a of Candidate Assessment Report (the "CAR") that the Nation and Maricopa County, Arizona are conducting to determine the feasibility of construction of a road and bridge to connect Usery Pass Road with State Route 87, the Beeline Hwy, east of the Verde River, (the "Project"). The CAR cost is $150,000.00, of which $75,000.00 will be paid by Maricopa County to the Nation upon completion. The remaining CAR cost of $75,000.00 will be paid by the Nation. Fountain Hills is, by this Agreement, agreeing to reimburse the Nation one half of the Nation's CAR cost, not to exceed the amount of $37,500.00. The Parties agree that that a road from east Mesa, Arizona, would be in the economic �r interest of both parties. 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. Term of Agreement. This Agreement shall commence upon the date first set forth above and shall remain in full force and effect until completion of the CAR and the reimbursements provided herein. 2. Nation's Responsibilities. The Nation shall, (i) in cooperation with the County, contract for the completion of the CAR and (ii) prepare and forward a complete copy of the CAR and final invoice paid to the contractor to Fountain Hills. 3. Town's Responsibilities. Fountain Hills shall, upon completion and receipt of the CAR, arrange immediate payment of one-half of the Nation's costs related to the CAR, not to exceed $37,500.00,to the Nation. 4. Termination; Cancellation. This Agreement may be cancelled at any time prior to the award of a Project contract, upon thirty-days (30) written notice to either party. It is understood and agreed that, in the event the Nation cancels this Agreement, Fountain Hills shall in no way be obligated to provide or pay for any portion of the Project. 740440.2 5. Miscellaneous Provisions: 5.1 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. 5.2 Amendment. This Agreement shall not be modified, amended, altered, or changed except by written agreement signed by both parties. 5.3 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. 5.4 Relationship of the Parties. Neither party shall be deemed to be an employee or agent of the other party to this Agreement. 5.5 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. 5.6 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. 5.7 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. 5.8 Non-Waiver of Sovereign Immunity. Nothing in this Agreement shall be construed to waive the Sovereign Immunity of the Nation. 5.9 Notices. Any notice, communication, or modification shall be given in writing and shall be given by registered or certified mail or in person to the following individuals. The date of receipt of such notices shall be the date the notice shall be deemed to have been given. If to the Town: The Town of Fountain Hills Attn: Tim Pickering Town Manager Fountain Hills AZ 85268 (480)816-5100 If to the Nation: Fort McDowell Yavapai Nation Attn:Alfonso L. Rodriguez, Director Community&Economic Development Division P.O. Box 17779 Fountain Hills, AZ 85269 (480)789-7746 740440.2 2 IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above written. ATTEST: FORT MCDOWELL YAVAPAI NATION ‘- &:"AZIr `. 11-i)0414— Pansy Thomcretary Rap ael . Bear 1 Fort McDowell Yavapai Nation Presi Tribal Council Fort McDowell Y pai Nation Date ATTEST: TOW TAIN HIL Bevelyn J. Be er,T n Clerk . Nic oI a r Town of Fountain Hills Town of ountain Hil s ate L 740440.2 3 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. '4'/ !-- DFewig""Z) , Counsel Date Fort McDowell Yavapai Nation 7/J--07 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 law of the State of Arizona. e kkii( 6.2c•o7 Andrew J. McGuire, Town Attorney Date L c 740440.2 4