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HomeMy WebLinkAboutResolution 2006-156 grant agreement with tohono o'odham nation to fund educational programs MARANA RESOLUTION NO. 2006-156 RELATING TO GRANTS ADMINISTRATION: APPROVING FULL EXECUTION OF A GRANT AGREEMENT WITH THE TOHONO O'ODHAM NATION TO FUND EDUCATIONAL PROGRAMS FOR THE OLD PUEBLO ARCHAEOLOGY CENTER. WHEREAS, the Town of Marana recognizes the important role that the Old Pueblo Archaeology Center plays as community partners; and WHEREAS, the Old Pueblo's mission is to educate children and adults to understand and appreciate archaeology and other cultures, to foster the preservation of archaeological and historical sites, and to develop a lifelong concern for the importance of nonrenewable resources and traditional cultures; and WHEREAS, under Proposition 202, Arizona Tribes must share 12% of gaming revenues with local governments; and WHEREAS, the Tohono O'Odham Nation has chosen to share these revenues with non- profit agencies through intergovernmental agreements with local governments and has awarded the Old Pueblo Archaeology Center funding from these revenues to continue its mission; and WHEREAS, the Town of Marana has agreed to act as the fiscal agency for the Old Pueblo Archaeology Center. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, the Town Manager is authorized to execute the Grant Agreement with the Tohono O'Odham Nation to support the activities of the Old Pueblo Archaeology Center. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 3rd day of October, 2006. 1o",mrrll,.. ~ ~ ~ OF M1~ ~~ ~\\,,,,,,,,~.<>' ~ s ~ ~~~..... ~~,$ICORPORATE\S.':;: Mayor E Honea _ S cx:x:> :. .- - =SEALS :: ~~ ~!4tr ~ ~ ~ ~ ~ "1 ~114m"\\~ ~ ~",IYIZ. '\ 9 ,\~ iI~ jUWl> ATTEST: Marana Resolution No. 2006-156/0Id Pueblo Tohono 0 'Odham IGA Grant-in-Aid Fiscal Agent Agreement between the Tohono O'odham Nation and Town of Marana On behalf of Old Pueblo Archaeology Center THIS GRANT-IN-AID, Fiscal Agent Agreement, ("Grant") is entered into as of the 4 day of October, 2006, by and between the Tohono O'odham Nation (the "Nation"), a federally recognized Indian tribe (the "Nation"), the Town of Marana, a political subdivision of the State of Arizona ("Marana"), and Old Pueblo Archaeology Center, a 501(c)(3), incorporated, not-for- profit organization ("Old Pueblo," or the "Grantee"). RECITALS A. The Constitution of the Tohono O'odham Nation, Article VI, Section l(t) provides that the Tohono 0' odham Legislative Council is authorized to negotiate and conclude agreements on behalf ofthe Tohono O'odham Nation with Federal, State and local governments. B. The Constitution of the Tohono O'odham Nation Article VII, Section 2(t) provides that the Chairperson of the Nation is the official representative of the Tohono O'odham Nation; and as such, upon passage of a Resolution by the Legislative Council approving of any agreement with Federal, State and local governments, the Chairwoman is authorized to sign such agreements on behalf of the Nation. C. On October 3,2006 Marana's Mayor and Council approved Resolution No. 2006- 156 permitting full execution of this Grant-in Aid agreement for funding provided by the Tohono O'odham Nation under Arizona's 2002 voter approved Proposition 202. The Town of Marana will act as a pass through for funding to Old Pueblo entering into this agreement under provisions provided in A.R.S. 11-952 authorizing the Town to execute an Inter Governmental Agreement. D. Old Pueblo's mISSIon IS to educate children and adults to understand and appreciate archaeology and other cultures, to. foster the preservation of archaeological and historical sites, and to develop a lifelong concern for the importance of nonrenewable resources and traditional cultures; and Old Pueblo can legally accept contributions to fulfill its purposes as a not-for-profit organization. Now, therefore, in consideration of the mutual promises contained herein, the parties hereby agree as follows: Page 1 of6 PROVISIONS 1. Purpose. The purpose of this Grant is to set forth the rights and responsibilities of the parties with respect to the payment and distribution of the Contribution, as hereinafter defined. Neither the Town of Marana nor Old Pueblo may change the scope of the project or use the funds for a project other than that explained in Exhibit "A" without the consent of the Nation, which may be issued in the form of a Resolution approving modifications to this Grant 2. Acceptance of Duties; Monies Held in Trust. The Town of Marana agrees to perform the duties of fiscal agent, paying agent and registrar for all monies the Nation deposits with the Town of Marana for the benefit of Old Pueblo. The Town of Marana shall hold this funding separate from all other monies in the possession or control of the Town of Marana. The Town of Marana shall notify the Nation, at the address set forth in Paragraph 11, that the Contribution monies are provided to Old Pueblo, within 5 business days after the distribution is made. 3. Contribution. The Nation shall issue payment to the Town of Marana in the amount described in Exhibit "A" (the "Contribution") no later than October 25, 2006. The Town of Marana shall then make this funding available to Old Pueblo as quickly as is feasible. The Grantee may not change the scope of the project or use the funds for a project other than that explained in Exhibit "A" without the consent of the Nation. 4. Funding. Upon issuance, the Contribution payment shall be delivered to the Town of Marana without any further notice or invoice required, at the address set forth in Paragraph 11 below, upon the complete execution ofthis Grant. 5. Disbursement of Contribution. In accordance with the Town of Marana's policies and procedures and upon satisfactory documentation, as quickly as is feasible the Town of Marana will distribute the funds to Old Pueblo. 6. Money Unclaimed. In the event that the Town of Marana is unable to distribute the funding to Old Pueblo on or before April 1, 2007, the Town of Marana shall immediately notify the Nation and the Nation will arrange for the funding to be returned. Any interest earnings on the Contribution funding between the time the Nation deposits the Contribution with the Town of Marana and the time the Town of Marana disburses the Contribution to Old Pueblo shall be paid to the Grantee. 7. Consideration and Reliance. It is acknowledged that the Town of Marana's promise to accept and disburse the funds received by the Town of Marana pursuant to this Grant is full and adequate consideration and shall render this promise to provide funding irrevocable. 8. Fees. The Town of Marana shall not charge Old Pueblo and shall waive any applicable administrative or other fees related to this Grant and shall not deduct any funds from the amount designated for contribution to the Grantee. 9. Dispute Resolution. The parties mutually agree that any disputes ansmg between either 1) the Nation and the Town of Marana or Old Pueblo, or 2) Old Pueblo and the Town of Marana pursuant to this Grant shall be resolved through informal dispute resolution. 20f6 Nothing herein is intended to be or shall be construed as a waiver of sovereign immunity by either party. In the event of a dispute between Old Pueblo and the Town of Marana both Old Pueblo and the Town of Marana must notify the Nation within five business days. All disputes that cannot be resolved through informal dispute resolution shall be resolved in the Courts of the Nation, subject to the laws ofthe Nation. 10. Reports: Unless otherwise extended by the Nation upon request of Old Pueblo, no later than July 31, 2007, Old Pueblo shall provide a report to the Nation explaining how and when the funds provided under this Grant were used. This report may be in the form of an affidavit signed by an officer of Old Pueblo and may be accompanied by supporting documentation. The report shall address any changes that were made in the scope of the project or purchase funded under this grant, identify the total expenses under the project or purchase funded by the Grant, include a brief description of who has benefited from this Grant and identify the grantee's proposed next steps to be taken with regard to the project or purchase made under this Grant.. 11. Notices. Any notice, consent or other communication required or permitted under this Grant shall be in writing and shall be deemed received at the time it is personally delivered, on the day it is sent by facsimile transmission or e-mail if an e-mail address is provided below, on the second day after its deposit with any commercial air courier or express service or if mailed, three (3) days after the notice is deposited in the United States mail addressed as follows: Ifto the Nation: Vivian Juan-Saunders Chairwoman P.O. Box 837 Sells, Arizona 85634 Fax: 520.383.3379 and David P. Frank Attorney General P.O. Box 830 Sells, Arizona 85634 Fax: 520.383.2689 If to the Town of Marana: T. VanHook Community Development Director 11555 West Civic Center Drive Marana, Arizona 85653 Fax:' 520.382.1901 If to Old Pueblo: Allen Dart, RPA Executive Director Pueblo Archaeology Center P.O. Box 40577 Tucson AZ 85717-0577 Fax: 520.798.1966 30f6 Any time period stated in a notice shall be computed from the time the notice is deemed received. Either party may change its mailing address or the person to receive notice by notifying the other party as provided in this paragraph. 12. Term of Grant. The term of this Grant shall begin on the date of execution and shall terminate on the one-year anniversary ofthis Grant. 13. Entire Grant, Waivers and Amendments. This Grant is executed in three (3) duplicate originals, each of which is deemed to be an original. This Grant constitutes the entire understanding and agreement of the parties. This Grant integrates all of the terms and conditions mentioned herein or incident hereto, and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the subject matter hereof. All waivers of the provisions of this Grant and all amendments hereto must be in writing. 14. No Waiver. Except as otherwise expressly provided in this Grant, any failure or delay by any party in asserting any of its rights or remedies as to any default, shall not operate as a waiver of any default, or of any such rights or remedies, or deprive any such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. 15. Severability. If any provlSlon of this Grant shall be found invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Grant shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law. 16. Sovereign Immunity. Nothing in this Grant shall be deemed a waiver of any party's applicable immunity in any forum or jurisdiction. 40f6 TOHONO O'ODHAM NATION THE TOWN OF MARANA: Chai~~ ~AN Tohono O'odham Nation Michael Reuwsaat Town of Marana Manager If) l?JjDIP OLD PUEBLO ARCHAEOLOGY CENTER Dated October 4. 2006 Dated ~ Allen Dart Executive Director Dated oc-f. ~I 2..::>06- , Attest: Approved as to form and found to be within the powers and authority of the Tohono O'odham Nation. ~ ~J D/2o(Ob David P. Frank I Attorney General 50f6 EXHIBIT "A" Pro2ram Contribution further develop the Living Archaeology - Traditional Desert Survival Children's Day Camp Program, develop interpretive center at the Ventana Cave National Historic Landmark site, TOTAL $50,000.00 send Old Pueblo's instructors into schools on and off the reservation, continue the tuition waiver program for OPEN2 hands-on children's education program, and send archaeologists to adult gathering places across Southern Arizona. 60f6