HomeMy WebLinkAboutResolution 2013-090 agreement with tohono o'odham nation for funding heritage on wheels programMARANA RESOLUTION NO. 2013-090
RELATING TO COMMUNITY DEVELOPMENT; APPROVING AND AUTHORIZING THE
MAYOR TO EXECUTE A GRANT-1N-AID FISCAL AGENT AGREEMENT BETWEEN THE
TOHONO O'ODHAM NATION AND THE TOWN OF MARANA ON BEHALF OF THE
MARANA HERITAGE CONSERVANCY FOR PURPOSES OF FUNDING THE HERITAGE ON
1tii/.i�lD1iI. ' ' • ' . u
WHEREAS the Constitution of the Tohono O'odham Nation, Article VI, Section 1(� pro-
vides that the Tohono O'odham Legislative Council is authorized to negotiate and conclude agree-
ments on behalf of the Tohono O'odham Nation with federal, state and local governments; and
WHEREAS the Town of Marana may contract for services and enter into agreements with
other publi� agencies for joint or cooperative action pursuant to A.R.S. § 11-951 et seq.; and
WHEREAS The Marana Heritage Conservancy is authorized by A.R.S. § 10-3302(7) to make
contracts in accordance with the authority set forth in its articles of incorporation and bylaws; and
WHEREAS pursuant to the gaming compact between the state of Arizona and the Tohono
O' odham Nation, the Nation must contribute a designated percentage of its gross gaming revenues to
local governments to provide government services that benefit the general public; and
WHEREAS the Tohono O'odham Nation desires to contribute its designated revenues to
non-profit organizations through grant agreements with local governments; and
WHEREAS the Marana Heritage Conservancy has been chosen as a non-profit recipient of
grant funds from the Tohono O' odham Nation for purposes of funding the Conservancy's "Heritage
on Wheels" program; and
WHEREAS the Town desires to act as a fiscal agent for the Marana Heritage Conservancy to
receive and distribute the grant funds from the Tohono O'odham Nation; and
WHEREAS the Town Council finds that the Marana Heritage Conservancy's "Heritage on
Wheels" program benefits the general public, and that it is in the best interest of the residents of the
Town of Marana to enter into this agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. The Grant-in-Aid Fiscal Agent Agreement between the Tahono O'odham Na-
tion and the Town of Marana on behalf of the Marana Heritage Conservancy, attached to and incor-
porated by this reference in this resolution as E�iibit A, is hereby approved and the Mayor is hereby
authorized to execute it for and on behalf of the Town of Marana.
Resolution 2013090 - 1 -
SECTION 2. The Town's Manager and staff are hereby directed and authorized to under-
take all other and further tasks required or beneficial to carry out the terms, obligations, and objec-
tives of the Grant-in-Aid Fiscal Agent Agreement.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this l day of October, 2013.
ATTEST:
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Jocelyn C. Bronson, Town Clerk
APPRO D AS TO FORM:
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F ss'd�, Town orney
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Resolution 2013090 - 2 -
Granfi-in-Aid
Fiscal Agent Agreement
between
the Tohono 0'odham Nation
and
the Town of Marana _
On behalf of
The Marana Heritage Conservancy
THIS GRANT-IN-AID Fiscal Agent Agreement, ("Grant") is entered into as of the 1
day of October, 2013, by and between the Tohono O'odham Nation, a federally recognized
Indian tribe (the "Nation"), the Town of Marana, an Arizona municipal corporation (the "Town
of Marana"), and the Marana Heritage Conservancy, an Arizona non-profit corporation (the
"Marana Heritage Canservancy" or "Grantee").
RECITALS
A. The Constitution of the Tohono O'odham Nation, Article VT, Section 1{�
provides that the Tohona O'odham Legislative Council is authorized to negotiate and conclude
agreements on behalf of the Tohono O'odham Nation with Federal, State and local governments.
B. The Constitution of the Tohono O'odham Nation Article VII, Section 2(f�
provides that the Chairman 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 Chairman is authorized to sign such
agreement on behalf of the Nation.
C. The Town of Marana is authorized by A.R.S. §11-952 to enter into agreements
with other public agencies for joint or cooperative action when such agreements are approved by
the Town CounciL
D. The Marana Heritage Conservancy is authorized by A.R.S. §10-3302(7) to make
contracts in accordance with the authority set forth in its articles of incorporation and bylaws.
Now, therefore, in consideration of the mutual promises contained herein, the parties
hereby agree as follows:
EXHIBIT A
PROVIStONS
l. Purpose. The purpose of this Grant is to set forth the rights and responsibilities
of tlhe parties with respect ta the payment and distribution of the Contribution, as hereinafter
defined.
2. Acceptance of Duties; Manies Held in Trust. The Town of Marana agrees to
perform the duties of fiscal agent, paying agent and registrar for a11 monies the Nation deposits
with the Town of Marana for the benefit of the Marana Heritage Conservancy. The Town of
Marana shail hold this funding separate from all other monies in the possession or cantrol of the
Town of Marana. The Town of Marana shall notify the Nation, at the address set forth in
Paragraph I l, that the Contribution monzes are provided to the Marana Heritage Conservancy
within 5 business days after the distribution is made.
3. Conti•ibution. The Natian shall make a payment to the Town of Marana in the
amount described in Exhibit "A" (the "Contribution") on ar about November 29, 2013. The
Town of Marana shall then make this funding available to the Marana Heritage Conservancy 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 written consent of the Natian.
4. Funding. 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 of this Grant.
S. Disbursement of Contribution. In accordance with the Town of Marana's
policies and procedures and upon satisfactory documentation, as quickiy as is feasible the Town
of Marana will distribute the funds to the Marana Heritage Conservancy.
6. Money Unclaimed. In the event that the Town of Marana is unable to distribute
the funding to the Marana Heritage Conservancy on or before January 1, 2014, 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 the Marana Heritage Conservancy shall be paid to the Marana Heritage
Canservancy.
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 the Marana Heritage Conservancy
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 Marana Heritage
Conservancy.
9. Dispute Resotution. The parties mutually agree that any disputes arising
between either 1) the Nation or the Town of Marana or 2) the Marana Heritage Conservancy and
the Town of Marana pursuant to this Grant shall be resolved through informal dispute resolution.
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 the Marana Heritage Conservancy and the Town
of Marana, both the Marana Heritage Conservancy and the Town of Marana must notify the
Nation within �ve 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 of the Nation.
10. Reports: Unless otherwise extended by the Nation upon request of the Marana
Heritage Conservancy, no later than July 31, 2014, the Marana Heritage Conservancy shail
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 af an affidaeit signed by an officer of the Marana
Heritage Conservancy and may be accoinpanied by supporting documentation. The report shall
address: (i) changes in the scope of the project or purchase funded under this grant, (ii) the total
expenses under the project or purchase funded by the Grant, (iii) a brief description of who has
benefited from this Grant, and (iv) the Grantee's next steps with regard to the project or purchase
made under this Grant. The Grantee will submit a final report to the Nation within 30 days of the
end of this Agreement.
11. Notiees. Any notice, consent or otlier cominunication required or permitted under
this Crrant 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, on the second day after i#s 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:
If to the Nation: Dr. Ned Norris, Jr.
Chairman
P.O. Bax 837
Sells, Arizona 85634
and
Special Counsel
P.O. Box 837
Sells, Arizona 85634
Telephone: 520-3 82-2028
Fax: 520-383-3379
If to the Town of Marana:
T. VanHook
Director of Community Development
11555 W. Civic Center Drive
Marana, Arizona 85653
Phone: 520-382-1900
Fax: 520-382-1901
Email: tvanhook@marana.com
If to the Marana Heritage Conservancy:
Patrick Nilz
President
P.O. Box 1074
Marana, AZ 85653
Phone: 520-682-3405
Email: flynpat@aol.com
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 of this 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 canditions
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 and signed by the
apprapriate authorities of each of the parties to this Grant.
14. No Waiver. Except as otherwise expressty provided in this Grant, any failure or
delay by any party in asserting any of its rights or remedies as to any defauit, 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 mainfiain any actions or proceedings which it may deem necessary to protect, assert
or enforee any such rights or remedies.
15. Severabiiity. If any provision 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 vaiid 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 sovereign immunity in any forum or jurisdiction.
TU�-�tJN(J O'E,?T:�Hl�:M NATIt�?N
llr. Ne:ci Noi�ris, Jr., Chairman
`�'ohaiat� 4'odham Nation
I�ated
MAKANA H�RITAGE GONSERV.t�,NCY
�--,
�
A � �
_ �����% � t t.°�_..
I'atrick Nilz
President
Dated � � � �� � °�--
Attest:
�pprc�v�d as ta for�n and fouric� to b�
within the pnwers and autharity c�t the
Tahona �'ndham Nation
_..� ....... __�_
Jonathan �,. Jnnt�en, Attori�ey Gencral
Tohano C.�'odham Natioi�
Adclrtic�nal �ignatures Requirec�
D�tite�
5�creiary
T�WN C)I� MAT�ANA
Cilbcrt I�avidson
`1°own Mana�er
T7ated
I:)ateci `� / 6
�� __ .....
Town Clerk
1�:pprc�ved �5 to fornc� and fr�uYid tc� bc
w�itllin the pow�rs and authority c�#'
the Tawn of Marana under the law5 �f
thc State of Ari;�ona.
Pro�ram
Heritage on Wheels
TOTAL
EXHIBIT ��A"
Contribution
$28,308.00
$28,308.00