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Home My WebLink AboutResolution 2015-130 Approving a Grant-In-Aid fiscal agend agreement with Tohono O'odham NationMAI2ANA RESOLUTION NO. 2015 -130 RELATING TO ECONOMIC DEVELOPMENT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A GRANT -IN -AID FISCAL AGENT AGREEMENT BETWEEN THE TOHONO O'ODI -IAM NATION AND THE TOWN OF MA.RANA. FOR THE PURPOSE OF FUNDING A DEDICATED ECONOMIC DEVELOPMENT STRATEGIC PLAN 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 joint or cooperative action pursuant to A.R.S. § 11 -951 et seq.; 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 Town Council f Inds 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, attached to and incorporated by this reference in this resolution as Ex- hibit A, is hereby approved and the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana. 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. Marana Resolution No. 2015130 PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 1 st day of December, 20 15, N �„ A RANA r ATTEST: celyn C. onson, Town Clerk APPRO ED AS TO FORM: p z�� L , � ank q/4 Tows Attorney t Mayor Ed I onea Mar ana Resolution No. 201 Grant -in -Aid Agreement between the Tohono O'odham Nation and the Town of Marana THIS GRANT -IN -AID AGREEMENT ( "Grant ") is entered into as of the day of , 2015, by and between the Tohono O'odham Nation, a federally recognized Indian tribe (the "Nation "), and the Town of Marana, an Arizona municipal corporation (the "Grantee "). RECITALS A. The Constitution of the Tohono O'odham Nation, Article VI, Section l(f) provides that the Tohono 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 agreements 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. Now, therefore, in consideration of the mutual promises contained herein, the parties hereby agree as follows: 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. 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. 2. Contribution. The Nation shall issue payment to the Town of Marana in the amount described in Exhibit "A" (the "Contribution ") for the purpose(s) detailed in Exhibit "A" on or about November 28, 2015. 3. 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 7 below, upon the complete execution of this Grant. 00043218.DOCX I 4. Money Unclaimed. In the event that the Town of Marana fails to accept the grant funding on or before January 1, 2016, this Grant will be deemed to have been terminated by the Town of Marana and the Nation will award the grant funding to another applicant. 5. Dispute Resolution. The parties mutually agree that any disputes arising pursuant to this Grant shall be resolved through informal dispute resolution. For all disputes arising under this agreement the Nation and the Town of Marana shall first attempt to negotiate a resolution. 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. 6. Reports: Unless otherwise extended by the Nation upon request of the Town of Marana, no later than July 31, 2016, the Town of Marana 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 the Town of Marana 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. 7. 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: Edward D. Manuel Chairman P.O. Box 837 Sells, Arizona 85634 Fax: 520- 383 -3379 and Roberta Tekala Chief Administrative Officer P.O. Box 837 Sells, Arizona 85634 Fax: 520- 383 -3379 If to the Town of Marana: Curtis Woody Director, Economic Development 11555 W. Civic Center Dr. Marana, Arizona 85653 Email: cwoody @maranaaz.gov Phone: 520-382-1938 00043218.DOCX I and Lisa Shafer Director, Community Development 11555 W. Civic Center Cr. Marana, Arizona 85653 Email: Ishafer@maranaaz.gov Phone: 520- 382 -1909 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. 8. 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. 9. Entire Grant, Waivers and Amendments. This Grant is executed in two (2) 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 10. 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. 11. 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. 12. Sovereign Immunity. Nothing in this Grant shall be deemed a waiver of either party's sovereign immunity in any forum or jurisdiction. 00043218.DOCX I TOHONO O'ODHAM NATION TOWN OF MARANA Edward D. Manuel, Chairman Ed Honea, Mayor Tohono O'odham Nation Dated Dated Approved as to form: ATTEST: Jocelyn C. Bronson, Town Clerk Approved as to form: Laura Berglan, Acting Attorney General Tohono O'odham Nation Dated Town Attorney 00043218.DOCX I EXHIBIT "A" Program Contribution Economic Development Strategic Plan $60,000.00 TOTAL $60,000.00 00043218.DOCX I