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HomeMy WebLinkAboutRes 2023-26RESOLUTION 2023-26 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE FOUNTAIN HILLS YOUTH SUBSTANCE ABUSE PREVENTION COALITION RELATING TO DISBURSEMENT OF SETTLEMENT FUNDS PURSUANT TO THE TERMS OF THE ONE ARIZONA DISTRIBUTION OF OPIOID SETTLEMENT FUNDS AGREEMENT. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: Section 1. The Memorandum of Understanding (MOU) with the Fountain Hills Youth Substance Abuse Prevention Coalition relating to the disbursement of settlement funds allocated to the Town of Fountain Hills pursuant to the terms of the Onc Arizona Distribution of Opioid Settlement Funds for use with youth education and drug prevention measures. The MOU is hereby approved substantially in the form and substance attached hereto as Exhibit A and incorporated herein by reference. Section 2. The Mayor, the Town Manager, the Town Clerk, and the Town Attorney arc hereby authorized and directed to cause the execution of the MOU 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, this 3`d day of October 2023. FOR THE TOWN OF FOUNTAIN HILLS ATTESTED TO: Nn1 6511� Ginny ckey, Mayor REVIEWED BY: Rachael Go a Mendenhall. MMC/Town Clerk APPROVED AS TO FORM: Interim Town Manager Aaron D. Arnson, Town Attorney EXHIBIT A to RESOLUTION NO. 2023-26 (MOU with the Fountain Hills Youth Substance Abuse Prevention Coalition) See following pages. Resolution No. 2023 -26 Page 2 of 2 MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF FOUNTAIN HILLS AND FOUNTAIN HILLS YOUTH SUBSTANCE ABUSE PREVENTION COALITION THIS MEMORANDUM OF UNDERSTANDING (this "MOU") is entered into as of October 3, 2023, between the Town of Fountain Hills, an Arizona municipal corporation (the "Town") and Fountain Hills Youth Substance Abuse Prevention Coalition, an Arizona nonprofit corporation (the "Coalition"). RECITALS A. The Town is the recipient of settlement funds pursuant to the terms of the One Arizona Distribution of Opioid Settlement Funds Agreement (the "Settlement Agreement"), attached hereto as Exhibit A. B. The Settlement Agreement establishes Approved Purposes for the distribution and spending of funds appropriated thereunder and, one of which is support of nonprofit and related organizations that focus on youth education drug prevention. C. The Coalition is a nonprofit corporation the purpose of which is to educate about and prevent the incidence of underage drinking and drug use. D. The Town desires to appropriate funds received under the Settlement Agreement to the Coalition for the purposes set forth in the Settlement Agreement. AGREEMENT NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which arc hereby acknowledged, the Town and the Coalition hereby agree as follows: L Term. This MOU shall be effective as of the date first set forth above and shall remain in full force and effect until two years thereafter (the "Initial Term"), unless terminated as otherwise provided in this MOU. After the expiration of the Initial Term, this MOU may be renewed for up four successive two-year terms (each, a "Renewal Term"). 2. Designated Recipient of Funds. The Town designates the Coalition as a recipient of funds received under the Settlement Agreement for the duration of this MOU. The Coalition acknowledges and agrees that the Coalition may not be the exclusive designated recipient of funds and this MOU does not guarantee the availability or receipt of funds in any Renewal Term. The Town may provide funds periodically and in its sole discretion. 3. Fund Distribution. The Town shall provide the Coalition with an initial distribution of S41,418.94. Subsequent annual payments of accumulated settlement collections, if any, shall occur in June of each fiscal year while this MOU is in effect. 4. Purpose. The Parties agree that funds received from the Town may be used for any Approved Purpose(s) as set forth in the Settlement Agreement. 5. Reporting Obligations. The Coalition acknowledges and agrees as follows: a. The Coalition will comply with all audit and reporting requirements set forth in the Settlement Agreement or in any other applicable law or policy. The Coalition is solely responsible for fulfilling any such requirements, and the Town will not be responsible for the Coalition's failure to fulfill any such requirement. Failure to comply with audit and reporting requirements shall be grounds for immediate termination of this MOU by the Town. b. On or before June 1 during each year that this MOU is in effect, the Coalition shall provide an annual report to the Town, in a written form satisfactory to the Town Chief Financial Officer or his/her designee, of the purpose(s) for which the funds were used and how much was spent during the preceding temt. 6. Termination. The Town may immediately terminate this MOU for the Coalition's violation of any term of this Agreement, including for failure to fulfill its obligations set forth in Section 5, above. Either party may terminate this Agreement for its convenience upon 30 days' written notice to the other party. 7. Modifications to this MOU. Any amendments or changes to this to this MOU must be in writing and executed by authorized representatives of both Parties. 8. Severability. In the event that any provision or section herein is held invalid or unenforceable, the remaining provisions and sections shall remain in full force and effect. 9. Indemnification. The Coalition shall indemnify, defend, and hold harmless the Town and each council member, officer, employee or agent thereof (the Town and any such person being herein called an "Indemnified Party"), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys' fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever ("Claims"), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, breach of contract, in connection with this MOU. 10. Goveming Law. This MOU shall be construed in accordance with the laws of the State of Arizona, without regard to conflict of laws principles. 2 11. Entire Agreement. This MOU constitutes the entire understanding between the Parties and supersedes any other written or oral agreement between the Parties with respect to the subject matter of this MOU. 12. Further Actions. Each Party hereby agrees to perform any further acts and to execute and deliver any documents that may be reasonably necessary to carry out the provisions of this MOU. 13. Compliance with All Applicable Law. The Parties agree to comply with all federal, state or local laws, rules or regulations applicable to the subject matter of this MOU. 14. Independent Status. The Parties are independent contractors, and nothing contained in this MOU creates a relationship of partnership, joint venture, agency, or employment between the Parties or any of their employees, officers, agents, or contractors. 15. Execution. This MOU may be executed in one or more counterparts, each of which will be deemed to be an original, but all of which together will constitute a single instrument. A signature on a counterpart may be made by facsimile or otherwise electronically transmitted, and such signature shall have the same force and effect as an original signature. Further, this MOU may be retained in any electronic format, and all electronic copies thereof shall likewise be deemed to be an original and shall have the same force and effect as an original copy of this MOU. 16. Israel. The Coalition certifies that it is not currently engaged in, and agrees for the duration of this Agreement that it will not engage in a "boycott," as that term is defined in Ariz. Rev. Stat. § 35-393, of Israel. 17. Conflict of Interest. This MOU may be cancelled by the Town pursuant to Ariz. Rev. Stat. § 38-51 I. FOR THE TOWN OF FOUNTAIN HILLS: FOR THE FOUNTAIN I IILLS YOUTI I SUBSTANCE ABUSE COALITION: Rachael Good ATTESTED TO: n Manager da G. Meddenhali. To(vn Clerk 3 APPROVED AS TO FORM: on D.C4rxso[(