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HomeMy WebLinkAboutResolution 2004-055 IGA with pascue yaqui for infrastructure improvements within yoem puebloMARANA RESOLUTION NO. 2004-55 RELATING TO INTERGOVERNMENTAL RELATIONS; APPROVING AND AU'I~ORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE PASCUA YAQUI TRIBE FOR INFRASTRUCTURE IMPROVEMENTS WITHIN THE YOEM PUEBLO COMMUNITY. WHEREAS, the Pascua Yaqui Tribe and the Town of Marana desire to enter into an Inter- governmental Agreement for the cooperation of the parties in the construction ofinfi'astmcture; and WHEREAS, the Pascua Yaqui Tribe owns a certain parcel of land, traditionally occupied by members of the Tribe and known as Yoem Pueblo, located within the boundaries of the Town; and WHEREAS, the Tribe and the Town did, on November 7, 2003, duly execute and record an intergovemmentai agreement for the consmaction ora playground within the Yoem Pueblo; and WHEREAS, the Tribe and the Town desire to continue to improve the infrastructure within the Yoem Pueblo community through cooperation in the development of certain improvements by executing an intergovernmental agreement; and WHEREAS, the infrastructure improvements covered by this intergovernmental agreement consist of four (4) handicap ramps and street resurfacing (chip sealing) in the amount of thirty-two thousand dollars ($32,000). NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF ~ TOWN OF MARANA, AS FOLLOWS: SECTION 1. The intergovernmental government between the Town of Marana and the Pascua Yaqui Tribe attached to and incorporated by this reference in this resolution as Exhibit A is hereby authorized and approved. SECTION 2. The Mayor is hereby authorized to execute said Exhibit A and the Town Clerk is hereby authorized to attest thereto for and on behalf of the Town of Marana. SECTION 3. The Town Manager, Town Attorney and other Town staff are hereby author- ized to undertake all other tasks required to carry out the terms, obligations, and objectives of said Exhibit A. -1- PASSED, ADOPTED, and APPROVED by the Mayor and Council of the Town of Marana, Arizona, this 4th day of May, 2004. ~ ATTEST: 1~0 010~04 2004-55 pascua Yaqui IOA.d~c 2 F. ANN RODRIGUEZ, RECORDER RECORDED BY: TFM'~ DEPU'.L. RECORDER 8047 PE2 SMARA TOWN OF MARANA ATTN: TOWN CLERK 13251 N LON ADAMS RD MARANA AZ 85653 DOCKET: 12297 -- PAGE 3783 NO. OF PAGES: 7 SEQUENCE: 20040890777 05/07/2004 AG 16 : 35 MAIL AMOUNT PAID $ 9.00 INTERGOVERNMENTAL AGREEMENT BETWEEN PASCUA YAQUI TRIBE AND TOWN OF MARANA FOR CONSTRUCTION OF INFRASTRUCTURE ;; i n L ::1 L a J ? 3 ..... -/ 8 ...... ,;) <\ INTERGOVERNMENTAL AGREEMENT BETWEEN PASCUA YAQUI TRIBE AND TOWN OF MARANA This Intergovernmental Agreement is entered into this ~ day of MAY , 2004, by and between the Pascua Yaqui Tribe, a sovereign nation ("Tribe") and the Town of Marana, Arizona, an Arizona municipal corporation ("Town"). RECITALS A. WHEREAS, A.R.S. S 11-952 et seq. provides for the ability for the Town to enter into an Intergovernmental Agreement for the cooperation of the parties in the construction of infrastructure; and B. WHEREAS, Article VI, S1 (a) of the Constitution of the Pascua Yaqui Tribe vests the Tribal Council with the authority to enter into agreements with federal, state, and local governments; and C. WHEREAS, pursuant to the Constitution, Bylaws and other laws of the Tribe, the Pascua Yaqui Tribal Council is charged with the responsibility of providing for the general welfare of the members of the Tribe; and D. WHEREAS, pursuant to Article VI, Section 1 (a) and (d) of the Constitution of the Tribe, t he Tribe may enter into contracts and a greements a nd appropriate tribal funds for governmental purposes serving the general welfare of the Tribe; and E. WHEREAS, The Tribe owns a certain parcel of land, traditionally occupied by members of the Tribe and known as Yoem Pueblo, located within the boundaries of the Town; and F. WHEREAS, The Tribe and the Town did, on November 7,2003, duly execute and record an intergovernmental agreement for the construction of a playground within the Yoem Pueblo; and G. WHEREAS, the Tribe and the Town wish to continue to improve the infrastructure Yoem Pueblo through cooperation in the development of certain improvements by executing this intergovernmental agreement; and E ... ? ..-,. z q n ... I. WHEREAS, the Mayor and Council of the Town did on the 4th day of May, 2004, authorize the Mayor to execute this Agreement by Resolution No. 2004-55; and WH:f< AS, the Pascua Yaqui Tribal Council did on the ~th day of /fJ , 2004 approve this Agreement and authorize the Chairman of the Tribal ouncil to execute this Agreement by Resolution No. C05-~-04. 8 4 H. Original 1 of 1 Page 1 of 6 Marana/Pascua Yaqui Tribe IGA - 2004 NOW, THEREFORE, Tribe and Town, in consideration of the mutual representations and covenants set forth herein, and for other good and valuable consideration, do mutually agree as follows. AGREEMENT 1 Purpose. The purpose of this intergovernmental agreement is top rovide for the continued cooperation between the Parties for the development and construction of certain improvements, set forth below, in the Yoem Pueblo, Marana. 2 Effective Date: Term. This Agreement shall become effective upon filing the original executed Agreement with the office of the Pima County Recorder, and shall continue in effect until December 31, 2004. 3. Improvement Proiects. 3.1 Handicap Ramps. The Town will use Town staff and resources to construct four (4) handicap ramps within the Pueblo, according to drawings and specification provided by the Tribe. The Town shall be responsible for the cost of all labor and material used. The Tribe agrees that it will grant the Town a license to access the property, as needed, to allow the Town to enter and construct upon the Property. The Town agrees to waive all permit and inspection fees. 3.2 Street Resurfacinq/Chip Sealinq. The Town agrees to contribute thirty-two thousand dollars ($32,000) for the Tribe's use, payable by the Town upon presentation of invoices for actual physical construction, to be utilized for street improvements that will be performed by the Tribe, according to the Tribe's specifications. The Tribe will undertake the design and scope of the project, and the Town agrees to cooperate with any consultant retained by the Tribe for this purpose, and to contribute funding as set forth above. Town of Marana agrees to commit the funds, in the amount above specified, for the Street Resurfacing project within a reasonable time from the effective date of this agreement, and further that the Town understands and agrees that Tribe may utilize the funds for any portion(s) of the costs of actual physical construction of the street resurfacing project. The Town warrants that it will provide inspections, if requested, and waive any permit fees. 3.3 Privacy Wall. The Tribe will construct a five foot (5') wall parallel to Barnett Rd., within the Tribe's property. The Tribe will obtain approval from the Town's Development Services Director for the location of the wall, and the Town warrants that it will perform any inspections necessary, and provide the tribe with a copy of all the inspection reports, and waive all permit fees for its construction. 2 2 "3 ? 3.4 Church Rehabilitation. The Tribe will perform structural and cosmetic rehabilitation of the existing church structure within Yoem Pueblo. The Tribe shall supply all labor and materials for the project, and bear all costs associated with the rehabilitation of the facility. The Town warrants that it will provide inspections, if requested, and waive any permit fees. 3 =} ~ n Q . :J Page 2 of 6 Marana/Pascua Yaqui Tribe IGA - 2004 4 Waiver of Permit Fees. The Town agrees to waive all permit fees for the above projects. 5 Compliance with CDBG Reauirements. The parties understand and agree that the funding for the improvements may be funded through CDBG funds, and the Tribe agrees that, in such case, it will comply in all respects with all CDBG requirements and all provisions of any agreement between the Town and another party regarding CDBG funding, which agreement shall be attached hereto as Exhibit "A." In such an instance, the Tribe agrees that it will work in cooperation with the Town and obtain the Town's approval of all bidding, contracts, and other activities in order to assure compliance with CDBG requirements. 6 Status of Tribe as Sovereian Nation. The Tribe is a recognized sovereign nation, and nothing in this Agreement is intended to supercede that status. 7 Status of Officers & Employees. It is not intended by this Agreement to, and nothing contained in this Agreement shall be construed to, create any partnership, joint venture or employment relationship between the parties or create any employer-employee relationship between any Tribe employee or Town employee. Neither party shall be liable for any debts, accounts, obligations or other liabilities whatsoever of the other, including (without limitation) the other party's obligation to withhold Social Security and income taxes for any of its employees. 8 Hold Harmless; Indemnification. Each party shall, to the extent permitted by Arizona and Tribal law, indemnify, defend and hold harmless each other party, its officers, departments, employees and agents from, for and against any and all suits, actions, legal or administrative proceedings, claims, demands liens, losses, fines or damages of any kind or nature, including consequential damages, liability, interest, attorneys' and accountants' fees or costs, and expenses of whatsoever kind and nature, which are in any manner directly or indirectly caused, occasioned or contributed to, by reason of any act, omission, fault, negligence, violation or alleged violation of any law, whether active or passive, of any other party hereto, its agents, employees, or anyone acting under its direction, control, or on his behalf, in connection with or incident to the performance of this Agreement. The mutual indemnifications set forth herein are not intended to, and do not, preclude any party from claiming against another party for breach of this Agreement. 9 Notices. All notices shall be in writing and together with other mailings pertaining to this Agreement shall be made to: TOWN: Town Manager Town of Marana 13251 N. Lon Adams Rd. Marana, AZ 85653 COPY TO: Town Attorney Town of Marana 13251 N. Lon Adams Rd. Marana, AZ 85653 1 :: L ? :-0. --j =; TRIBE: Orlanthia Yazzie, Tribal Planner COPY TO: Pascua Yaqui Tribe 7474 Camino de Oeste Tucson, AZ 85746 Pascua Yaqui Tribe Attn: Attorney General 4725 W. Calle Tetakusim Bldg. B Tucson, AZ 85746 3 n ..r 8 r o Page 3 of 6 Marana/Pascua Yaqui Tribe IGA - 2004 10 Construction and interpretation. All provisions of this Agreement shall be construed to be consistent with the intention of the parties as expressed in the recitals hereof. 11 Amendment. This Agreement shall not be amended except by written instrument mutually agreed upon and executed by the parties. 12 Entire Aqreement. This Agreement, including its exhibits and recitals, constitutes the entire agreement between the parties, and includes all prior oral and written agreements of the parties. 13 Leqal Jurisdiction. Nothing in this Agreement shall be construed as either limiting or extending the legal jurisdiction of Town or Tribe. 14 No Joint Venture. It is not intended by this Agreement, and nothing contained in this Agreement shall be construed to, create any partnership, joint venture, or employment relationship between the parties or create any employer-employee relationship between the parties. No party hereto shall be liable for any debts, accounts, obligations or other liabilities whatsoever of the other, including without limitation the other party's obligation to withhold social security and income taxes for itself or any of its employees. 15 Beneficiaries. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any person other than the parties to it and their respective successors and permitted assigns. 16 Timeliness. Each of the parties to this Agreement agrees to take such actions as may be necessary to carry out the terms of this Agreement, and to cause such documents as may be necessary to be executed with reasonable promptness. 17 Non-waiver. The failure of any party to insist, on anyone or more instances, upon the full and complete performance of any of the terms and provisions of the Agreement to be performed on the part of the other, or to take any action permitted as a result thereof, shall not be construed as a waiver or relinquishment of the right to insist upon full and complete performance of the same, or any other covenant or condition, either in full or in part in the future. The acceptance by any party of sums of less than may be due and owing it at any time shall not be construed as accord and satisfaction. 18 Severability. In the event that any provision, or any portion of any provision, of this Agreement or the application thereof, is held invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall have no effect on the remaining portion of a ny provision 0 r a ny other provision, 0 r t heir application, which can be given effect without the invalid provision or application and to this end the provisions of this Agreement shall be deemed to be severable. :2 2 Q J ? 19 Termination. -f o .-: " 19.1 For Cause. Any party hereto may terminate this Agreement for material breach of the Agreement by another party. Prior to any termination under Page 4 of 6 Marana/Pascua Yaqui Tribe IGA - 2004 this section, the party allegedly in default shall be given written notice by the other party of the nature of the alleged default. The party said to be in default shall have forty-five (45) days to cure the default. If the default is not cured within that time, the other party may terminate this Agreement. Any such termination shall not relieve either party from liabilities or costs already incurred under this Agreement. 19.2 Force M aieure. A party shall not be in default under t his Agreement if it does not fulfill any of its obligations under this Agreement because it is prevented or delayed in doing so by reason of uncontrollable forces. The term "uncontrollable forces" shall mean, for the purposes of this Agreement, any cause beyond the control of the party affected, including but not limited to failure of facilities, breakage or accident tom achinery or transmission facilities, weather conditions, flood, earthquake, lightning, fire, epidemic, war, riot, civil disturbance, sabotage, strike, lockout, labor dispute, boycott, material or energy shortage, casualty loss, acts of God, or action or non- action by governmental bodies in approving or failing to act upon applications f or approvals 0 r permits which a re not d ue ton egligence 0 r willful action of the parties, order of any government officer or court (excluding orders promulgated by the parties themselves), and declared local, state or national emergency, which, by exercise of due diligence and foresight, such party could not reasonably have been expected to avoid. Either party rendered unable to fulfill any obligations by reason of uncontrollable forces shall exercise due diligence to remove any such inability with all reasonable dispatch. 19.3 Fundinq Sources: Budqet; Non-appropriation. This Agreement and all obligations upon the parties arising therefrom shall be subject to any limitation imposed by budget law. The parties affirm that they have within their respective budgets sufficient funds to discharge the obligations and duties assumed under this Agreement. If for any reason any party does not appropriate sufficient monies for the purpose of maintaining this Agreement, this Agreement shall be deemed to terminate by operation of law on the date of expiration of funding. In the event of such cancellation, the parties hereto shall have no further obligation to the other party other than for payment for services rendered prior to cancellation. 19.4 Conflict of Interest. This Agreement may be canceled without penalty or further obligation pursuant to A.RS. S 38-511, a nd applicable provisions under the Constitution of the Pascua Yaqui Tribe, the pertinent provisions are incorporated into this Agreement by reference. =J: L ,;; L 19.5 Ownership of Property Upon Termination. Any termination of this Agreement shall not relieve any party from liabilities or costs already incurred under this Agreement, nor affect any ownership of the project constructed pursuant to this Agreement. '9 ? J -~ 8 8 Page 5 of 6 Marana/Pascua Yaqui Tribe IGA - 2004 In witness whereof, the parties hereto have hereunto set their hands the day and year first above written. PASCUA YAQUI TRIBE ~'f;;0 ~ Robert Valencia Chairman of the Pascua Yaqui Tribe ATTEST: l:~~~~ ~ Sharon Flores-Madril Secretary of the Tribal Council TOWN OF MARAN A '~Lt/{:- Mayor ATTEST: INTERGOVERNMENTAL AGREEMENT DETERMINATION The foregoing Intergovernmental Agreement between the Town of Marana and the Pascua Yaqui Tribe has been reviewed pursuant by the undersigned, who have determined that it is in proper form and is within the powers and authority granted under the laws of the Constitution of the Pascua Yaqui Tribe, the State of Arizona and the United States to those parties to the Intergovernmental Agreement represented by the undersigned. = .:. 2: :-0. -" . Michael Ehle an Attorney General for the Pascua Yaqui Tribe =-= . .~ " 3 0} ~ 8 :-0. "-" J Page 6 of 6 Marana/Pascua Yaqui Tribe IGA - 2004