HomeMy WebLinkAboutRes 2004-34 RESOLUTION NO. 2004-34
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, ADOPTING THE TOWN OF FOUNTAIN
HILLS POLICY AND PROCEDURES FOR PROPOSITION 202 FUNDING.
WHEREAS, Proposition 202 funds may be solicited by cities, towns and counties from
Arizona Indian Tribes for government services that benefit the general public, including (i)
public safety, (ii) mitigation of the impacts of gaming and (iii) promotion of commerce and
economic development; and
WHEREAS, various entities have requested that the Town of Fountain Hills (the
"Town") solicit Proposition 202 funds on their behalf; and
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town
Council") has determined that it is in the best interests of the citizens of the Town to establish
written policies to create a uniform application process for procurement of Proposition 202 funds
on behalf of various entities; and
WHEREAS, the Town Council desires to establish a policy and procedures for
requesting Proposition 202 funds.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS, ARIZONA as follows:
kirr SECTION 1. That the "Town of Fountain Hills, Arizona, Policy and Procedures for
Proposition 202 Funding" (the "Policy") is hereby adopted in the form attached hereto as Exhibit
A and incorporated herein by reference.
SECTION 2. That the Mayor, Town Manager, the Town Clerk and the Town Attorney
are hereby authorized and directed to take all steps necessary to ensure that the Policy is
implemented and applied to all requests for Proposition 202 funding.
SECTION 3. That this Resolution shall become effective immediately upon passage.
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PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
/ Arizona, July 1, 2004.
,,. FOR THE TOWN OF FO TAIN HILLS: ATTESTED TO:
W. J. Nichol , or Bevelyn J. B de own Clerk
REV BY: ' APPROVED AS TO FORM:
QX /
Timothy G. Pickering, Town r Andrew J. McGuire, Town Attorney
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TOWN OF FOUNTAIN HILLS, ARIZONA
POLICY AND PROCEDURES
FOR PROPOSITION 202 FUNDING
In order to secure for the Town of Fountain Hills, Arizona (the "Town") the benefits of
the Indian Self Reliance Initiative ("Prop. 202") passed by the Arizona voters in the 2002 state
general election and codified in ARzz. REV. STAT. § 5-601.02, and to promote the best interests
of the Town, the following Policy and Procedures for Prop. 202 Funding (this "Policy") is
hereby adopted by the Mayor and Council of the Town (the "Town Council").
Under ARIz. REV. STAT. § 5-601.02, Prop. 202 funds may be solicited by cities, towns
and counties from Arizona Indian Tribes for government services that benefit the general public,
including (i) public safety, (ii) mitigation of the impacts of gaming and (iii) promotion of
commerce and economic development. Because the legislation requires that the funds be
solicited by a municipality or county, the Town has been approached by various entities
requesting that Prop. 202 funds be procured on their behalf. Accordingly, the Town Council has
established the following Policy to create a uniform proposal process for such entities.
ARTICLE 1.
General Policies
1.1 Qualified Entities. The Town will only accept and process proposals for Prop. 202
Funds made by itself or by Town-based, non-profit organizations ("Qualified Entities").
1.2 Discretion Retained by Town Manager. The decision to process a Qualified
Entity's proposal shall be retained by the Town Manager, or his designee, subject to the
application of sections 1.3 and 1.4 of this Article.
1.3 Town as Applicant. If, in any given quarter, the Town submits a proposal for
Prop. 202 funds, it will not process proposals from Qualified Entities for that particular quarter if
the applicant is requesting funds from the same tribe as the Town. Such Qualified Entities may
request that the Town hold their proposals for processing in a future quarter in which the Town is
not an applicant.
1.4 Preferred Fund Use Schedule. Where multiple Qualified Entities have submitted
proposals for Prop. 202 funds for the same quarter, from the same tribe, the proposals shall be
processed in accordance with the following schedule of preferred fund uses:
a. Public safety;
b. Mitigation of impacts of gaming (i.e. education, social services and health
care);
c. Promotion of commerce and economic development (i.e., transportation
and tourism).
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1.5 Reimbursement for Costs. All costs incurred by the Town in connection with (i)
fikw the administration of a proposal submission and (ii) the distribution of Prop. 202 funds shall be
subtracted from the total amount of Prop. 202 funds awarded, if any, to the Town on behalf of the
Qualified Entity. Such costs may include, but are not limited to (i) staff time spent processing
the application and any resulting final report, (ii) auditing fees and (iii) legal fees incurred in the
preparation of a resolution, intergovernmental agreement and any other legal document
associated with transferring the Prop. 202 funds to the Qualified Entity.
1.6 Funds Budgeted by Town. If the Qualified Entity receives Prop. 202 funds, the
distribution of those funds will not be used to supplant funding, if any, budgeted by the Town for
distribution to that entity in the applicable fiscal year.
1.7 Final Report. Any Qualified Entity receiving Prop. 202 funds shall submit to the
Town, no less than 30 days prior to the end of the fiscal year in which the funds were disbursed,
a final and complete report detailing how the funds were actually spent.
1.8 Modification. The Town Council may modify this Policy from time to time.
ARTICLE 2.
Proposal Requirements
2.1 Deadline to Apply. All proposals for Prop. 202 funds shall be submitted to the
Town Clerk no less than 60 days prior to the deadline for such proposals as determined by the
fkilw respective tribes for that particular quarter.
2.2 Proposal Content. The proposal shall, at a minimum, contain the following
information:
a. Qualified Entity Information. The Qualified Entity shall provide a
general description of itself, including its corporate and organizational structure. This description
should also include the names of all officers and/or corporate directors directly related to or
associated with the proposed administration of the Prop. 202 funds.
b. Applicant Contact. The Qualified Entity shall provide the name, address,
phone number, facsimile, email and other relevant information for the primary contact for the
Qualified Entity.
c. Detailed Description. The Qualified Entity shall provide a detailed
description of the manner in which the Prop. 202 funds, if awarded, will be used. This
description should also include a statement of how the proposed use of the funds meets one or
more of the purposes set forth in Section 1.4 above.
d. Estimated Costs. The Qualified Entity shall indicate the dollar amount
being requested from the tribe including a detailed budget. Additionally, the Qualified Entity
should provide any supporting documentation demonstrating that the amount requested is
directly related to the use proposed.
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e. Information Requested by the Tribe. In the event that the tribe has issued
a solicitation of proposals that requests information not specifically required by this Article, the
proposals must include that information as well.
2.3 Incomplete Proposals. Incomplete proposals will not be processed.
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