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HomeMy WebLinkAboutResolution 2014-095 Agreement between Tohono O'odham Nation and Town of Marana on behalf of Marana Schools' 2340 FoundationMARANA RESOLUTION NO. 2014 -095 RELATING TO COMMUNITY DEVELOPMENT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A GRANT -IN -AID FISCAL AGENT AGREEMENT BETWEEN THE TOHONO O'ODHAM NATION AND THE TOWN OF MARANA. ON BEHALF OF THE MARANA SCHOOLS' 2340 FOUNDATION FOR PURPOSES OF FUNDING SUMMER SCHOOL AND HIGHER EDUCATION SCHOLARSHIPS WHEREAS the Constitution of the Tohono O'odham Nation, Article VI, Section I (f) 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 public agencies for j oint or cooperative action pursuant to A.R. S. § 11-95 1 et seq.; and WHEREAS the Marana Schools' 2340 Foundation 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 Schools' 2340 Foundation has been chosen as a non - profit recipient of grant funds from the Tohono O'odham Nation for purposes of funding the Foundation's student scholarship program.; and WHEREAS the Town desires to act as a fiscal agent for the Marana Schools' 2340 Founda- tion to receive and distribute the grant funds from the Tohono O'odham Nation; and WHEREAS the Town Council finds that the Marana Schools' 2340 Foundation's scholarship 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 Tohono O'odham Na- tion and the Town of Marana on behalf of the Marana Schools' 2340 Foundation, attached to and incorporated by this reference in this 'resolution as Exhibit A, is hereby approved and the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana. Marana Resolution No. 2014095 SECTION Z. The Town's Mana and staff are hereb directed and authorized to under- take all other and further tasks re or beneficial to carr out the terms, obli and ob�jec- tives of the Grant-in-Aid Fiscal A A PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 7th da of October, 2014. Ma Ed Honea ATTEST.- L (V -,,Jocel f A�ron on, Town Clerk ;111 ;!*W61=xx000"' 7 N Marana RCS01 Lition No. 20 14,095 APPROVED AS TO FORM: Grant -in -Aid Fiscal Agent Agreement between the Tohono O'odham Nation and the Town of Marana On behalf of The Marana Schools'2340 Foundation THIS GRANT --IN -AID Fiscal Agent Agreement, ( "Grant ") is entered into as of the day of , 2014, by and between the Tohono O'odham Nation, a federally recognized Indian tribe (the "Nation "), the Town of Marana, an Arizona municipal corporation, and the Marana Schools' 2340 Foundation, an Arizona non - profit corporation. RECITALS A. The Constitution of the Tohono O'odham Nation, Article VI, Section I (f) provides that the Tohono o' odham Legislative Council is authorized to negotiate and conclude agreements on behalf of the Tohono 0' odham Nation with Federal, State and local governments. B. The Constitution of the Tohono O'odham Nation Article VII, Section 2(o 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 Schools' 2340 Foundation is authorized by A.R.S. §10-3302(7) to male 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: Page I of 6 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. 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 the Marana Schools' 2340 Foundation. 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 the Marana Schools' 2340 Foundation within 5 business days after the distribution is made. 3. Contribution. The Nation shall make a payment to the Town of Marana in the amount described in Exhibit "A" (the "Contribution ") on or about November 28, 2014. The Town of Marana shall then make this funding available to Marana Schools' 2340 Foundation 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 Nation. 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. 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 Marana Schools' 2340 Foundation. 6. Money Unclaimed. In the event that the Town of Marana is unable to distribute the funding to Marana Schools' 2340 Foundation on or before January 1, 2015, 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 Marana Schools' 2340 Foundation shall be paid to Marana Schools' 2340 Foundation 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 Marana Schools' 2340 Foundation 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 Marana Schools' 2340 Foundation. 9. Dispute Resolution. The parties mutually agree that any disputes arising between either 1) the Nation or the Town of Marana or 2) Marana Schools' 2340 Foundation and the Town of Marana pursuant to this Grant shall be resolved through informal dispute resolution. Page 2 of 6 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 Marana Schools' 2340 Foundation and the Town of Marana, both Marana Schools' 2340 Foundation 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 of the Nation. 10. Reports: Unless otherwise extended by the Nation upon request of Marana Schools' 2340 Foundation, no later than July 31, 2015, Marana Schools' 2340 Foundation 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 Marana Schools' 2340 Foundation and may be accompanied 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, 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, 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: If to the Nation: Dr. Ned Norris, Jr. Chairman P.G. Box 837 Sells, Arizona 85634 Fax: 520-383-3379 and Lanez Val isto Government Affairs Assistant P.O. Box 837 Sells, Arizona 85634 Fax: 520-383-3379 If to the Town of Marana: Lisa Shafer, Community Development Director 115 5 5 W. Civic Center Drive Marana, Arizona 85653 Phone: 520-382-1900 Fax: Email: Ishafer@marana.com Page 3 of 6 If to Marana Schools' 2340 Foundation: Doug Wilson, Superintendent Marana Unified School District 11279 W. Grier Road, Suite 106 Marana, AZ 85653 Phone: 520 -682 -4774 Email: D.D.Wilson maranausd.or 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 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 and signed by the appropriate authorities of each of the parties to this Grant. 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 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 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 sovereign immunity in any forum or jurisdiction. Page 4 of 6 TOHONO O'ODHAM NATION Dr. Ned Norris, Jr., Chairman Tohono O'odhann Nation Dated TOWN OF MARANA i Ed Honea, ayor Dated MARANA SCHOOLS' 2340 FOUNDATION Title Dated Attest: Approved as to form and found to be within the powers and authority of the Tohono O' odham Nation Approved as to form and found to be within the powers and authority of the Town of Marana under the laws of the State of Arizona. Jonathan L. Jantzen, Attorney General ra Cassia- , Town Attor Tohono O ' odham Nation wn of Tana Additional Signatures Required Dated Secretary Dated (Town Clerk Page 5 of 6 EXHIBIT "A" Prouam Contribution Summer School and Higher Education Scholarships $12,500.00 TOTAL $12,500,00 Page 6 of 6