HomeMy WebLinkAboutRes 2003-67 - NOT ADOPTEDRESOLUTION NO.2003-67
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS,ARIZONA,APPROVING AN INTERGOVERNMENTAL
AGREEMENT WITH THE SALT RIVER PIMA-MARICOPA INDIAN
COMMUNITY FOR PROPOSITION 202 FUNDING.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows:
SECTION 1.That the Intergovernmental Agreement (the "Agreement")between the
Townof Fountain Hills andtheSalt River Pima-Maricopa Indian Community for Proposition
202 funding is hereby approved intheform attached hereto as Exhibit Aand incorporated herein
by reference.
SECTION 2.That the Mayor,the Town Manager,the Town Clerk and the Town
Attorneyare hereby authorized and directed to take all steps necessary to cause the execution of
the Agreement.
PASSED AND ADOPTED BY the Mayor and Council of theTown of Fountain Hills,
Arizona,October 16,2003.
FOR THE TOWN OF#OUNTAIN HILLS:ATTESTED TO:
Bevelyn J.Bender,Town Clerk
REVIEWED BY:APPROVED AS TO FORM:
TimG.Pickering,Town Manager Andrew J.McGuire,Town Attorney
9196.001X2003-67 SRPM IGA res.doc
10-10-03
Exhibit A
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
THE SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY
THIS INTERGOVERNMENTAL AGREEMENT (this "Agreement")is entered into by
and between the Town of Fountain Hills,an Arizona municipal corporation (the "Town")andthe
Salt River Pima-Maricopa Indian Community (the "Community"),a Federally-Recognized
IndianTribe,pursuant toSection12 Payment of Regulatory Costs;Tribal Contributions
("Section 12")of the Salt River Pima-Maricopa Indian Community and State of Arizona Gaming
Compact 2002(the "Compact")andA.R.S.§5-601.02.
RECITALS
A.Town and Community may enter into an agreement with one another forthe
distribution of 12%of the Community's annual contribution under Section 12(b)(1)of the
Compact tocities,towns,orcountiesforservicesthat benefit thegeneralpublicorpromote
commerce and economic development and pursuant to A.R.S.§5-601.02.
B.The Community is authorized byto consult,negotiate,contract and conclude and
perform agreements with Federal,state,local governments and Indian tribes,aswellasany
person,association,partnership,corporation,government or other privateentity.
C.The Town is authorized by A.R.S.§§5-601.02 and 11-952 to enter into
agreementswithIndianTribesforthepurposeofacceptingdistributionstocities,townsor
counties for services that benefit the general public,including public safety,mitigation of
impactsofgaming,orpromotionofcommerceandeconomicdevelopment.
D.The Community intendstoprovide $25,000.00 (the "Funds"),whichrepresentsa
portionofitscontributionpursuanttoaTribalRevenueSharingAgreementauthorizedby
Section12ofthe Compact andA.R.S.§5-601.02 to provide forthepurchase of apassengervan
tobeutilizedin connection withthe operations oftheBoysandGirlsClubsof Scottsdale (the
"Boys and Girls Club").
AGREEMENT
NOW,THEREFORE,in consideration of the foregoing recitals,which are incorporated
herein,andthe covenants andpromisessetforthbelow,the Community andtheTown,hereby
mutually agree as follows:
1.Purpose.ThepurposeofthisAgreementistosetforththerightsand
responsibilities ofthepartieswithrespecttothepaymentanddistributionoftheFunds.
ContemporaneouslywiththeexecutionofthisAgreement,theCommunityandtheBoysand
GirlsClubareexecutingaFundingAgreement,intheformattachedheretoasExhibitA,
CdescribingtheusetheBoysandGirlsClubwillmakeoftheFunds.
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2.Contribution.The Community shall make a payment tothe City inthe amount of
$25,000.The Funds shall be delivered tothe Town,without any notice or invoice required,at
the address set forth in Section 11 below,not later than October 31,2003.
3.Disbursement of Funds.Promptly after receipt of the Funds,the Town shall send
apaymenttotheBoysandGirlsClubintheamountofthepaymentreceivedfromthe
Community.
4.Consideration and Reliance.The Community expressly acknowledges that the
Town's promisetoacceptanddisbursetotheBoysandGirlsCluballfundsreceivedbythe
TownpursuanttothisAgreementisfullandadequateconsiderationandshallrenderthispromise
toprovidefundingirrevocable,andthisAgreementshallconstituteabindingobligationofthe
Community under applicable law
5.Indemnity.The Community further expressly agrees thatitwas solely
responsible fordeterminingthatthedistributionoftheFundstotheBoysandGirlsClubis
permissibleunderSection12oftheCompact.TheCommunityherebyagreesthatitshall,tothe
fullestextentpermittedbylaw,defend,indemnifyandholdharmlesstheTown,itsagents,
representatives,officers,directors,officialsandemployeesfor,fromandagainstallclaims,
damages,lossesandexpenses(includingbutnotlimitedtoattorneyfees,courtcostsandthecost
ofappellateproceedings)relatingto,arisingoutof,orallegedtohaveresultedfromany
challengetothedistributionoftheFundstotheBoysandGirlsClub.
6.Effective Date.This Agreement shallbe effective onthedateitissignedbythe
Community's authorized representative.
7.Term.ThisAgreementshallcommenceupontheEffectiveDateandshallremain
infullforceandeffectfora period ofoneyearthereafter.
8.EntireAgreement.ThisAgreement constitutes theentireagreementbetweenthe
partiespertainingtothesubjectmattercontainedherein,andallprioror contemporaneous
agreements and understandings,oralor written,areherebysupercededandmerged herein.
9.Amendment.ThisAgreementshallnotbemodified,amended,altered,or
changedexceptbywrittenagreementsignedbybothparties.
10.Severability.IntheeventthatanyprovisionofthisAgreementortheapplication
thereofisdeclaredinvalidorvoidbystatuteorjudicialdecision,suchactionshallhavenoeffect
onother provisions andtheir application which canbe given effect without the invalid orvoid
provision or application,andtothis extent the provisions ofthe Agreement are severable.Inthe
eventthatanyprovisionofthisAgreementisdeclaredinvalidorvoid,thepartiesagreetomeet
promptly upon request oftheother party inan attempt to reach and agreement ona substitute
provision.
11.Notification.Anynoticeorothercommunicationrequiredorpermittedtobe
given under this Agreement shall bein writing and shall be deemed to have been duly given if(i)
delivered tothepartyatthe address set forth below,(ii)deposited intheU.S.Mail,registered or
c
certified,returnreceipt requested,totheaddresssetforthbelowor(iii)giventoa recognized and
reputable overnight delivery service,totheaddresssetforthbelow:
For the Community:
President Joni M.Ramos
Salt River Pima-Maricopa Indian Community
10005 East Osborn Road
Scottsdale,AZ 85256
For the Town of Fountain Hills:
Timothy Pickering,Town Manager
Town of Fountain Hills
16836 Palisades Boulevard
Fountain Hills,AZ 85268
oratsuch other address,andtothe attention of such other person or officer,asany party may
designateinwritingbynoticedulygiven pursuant tothisSection.Notices shallbedeemed
received (i)when delivered tothe party,(ii)three business days after being placed intheU.S.
Mail,properly addressed,with sufficient postage or(iii)the following business dayafterbeing
giventoa recognized overnight delivery service,withtheperson giving the notice paying all
requiredchargesand instructing thedeliveryservicetodeliveronthefollowingbusinessday.If
acopyofanoticeisalsogiventoaparty'scounselor other recipient,the provisions above
governingthedateonwhichanoticeis deemed tohavebeen received byapartyshallmeanand
refer tothedateon which the party,andnotits counsel or other recipient to which a copy of the
noticemaybesent,is deemed tohave received thenotice.
11.Assignment and Delegation.Neither party shall assign nor delegate any of its
rights,interest,obligations,covenants,or performance underthis Agreement.Any termination
shallnot relieve either party from liabilities or costs already incurred under this Agreement.
12.Non-Waiver of Sovereign Immunity.Nothing in this Agreement or Exhibit A
shallbe construed to waive the Sovereign Immunity of the Community.
IN WITNESS WHEREOF,The Town of Fountain Hills has caused this Intergovernmental
AgreementtobeexecutedbytheTownManager,uponresolutionoftheTownCounciland
attestedbytheClerkoftheTown,andtheSaltRiver Pima-Maricopa IndianCommunityhas
causedthisIntergovernmentalAgreementtobeexecutedbythe Community's TribalCouncil
and attested to by its Clerk.
[SIGNATURES ON FOLLOWING PAGE]
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SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY
Joni M.Ramos,President Date
ATTEST:
Clerk
The undersigned attorney acknowledges thathehas reviewed theabove Agreement on behalf of
the Community,andhas determined that this Agreement isin proper formandthat execution
hereofiswithinthepowersandauthoritygrantedtotheCommunity.Thisacknowledgement
shallnot constitute norbe construed asa waiver of the Sovereign Immunity oftheSalt River
Pima-Maricopa Indian Community.
TOWN OF FOUNTAIN HILLS
Timothy Pickering,Town Manager Date
ATTEST:
Date
Bevelyn J.Bender,Town Clerk
In accordance withthe requirements of A.R.S.§11-952(D),the undersigned attorney
acknowledges thathehas reviewed the above Agreement on behalf of the Town of Fountain
Hills and,astothe Town of Fountain Hills only,has determined that this Agreement isin proper
formandthat execution hereof is within the powers and authority granted under thelaws of the
State of Arizona.
Andrew J.McGuire,Town Attorney Date