FMYN CY22 IGA- OPPORTUNITY TREE- SIGNED BY TRIBE.PDF

Intergovernmental Agreement
Between
Maricopa County and The Fort McDowell Yavapai Nation
To
Provide Funds for Promoting Public Programs
In Maricopa County
And
Surrounding Communities
Pursuant To A Tribal Revenue Sharing Agreement
Authorized By
Section 12 Payment of Regulatory Costs; Tribal Contributions
Fort McDowell Yavapai Nation and State of Arizona
Gaming Compact 2002,
And
A.R.S. § 5-601.02

Fort McDowell, Arizona

Intergovernmental Agreement
Between
Maricopa County and The Fort McDowell Yavapai Nation to
Provide Funds for Promoting Public Programs
Maricopa County and Surrounding Communities

This Intergovernmental Agreement (this “Agreement”) is entered into by and between Maricopa County,
an Arizona municipal corporation (the “County”) and the Fort McDowell Yavapai Nation (the “Nation”),
a Federally-Recognized Indian Tribe, pursuant to Section 12 Payment of Regulatory Costs; Tribal
Contributions (“Section 12”) of the Fort McDowell Yavapai Nation and State of Arizona Gaming Compact
2002 (the “Compact”) and A.R.S. § 5-601.02.

Recitals

A. The County and Nation may enter into an agreement with one another for the distribution of 12% of
the Nation’s annual contribution under Section 12(b)(1) of the Compact to cities, towns, or counties
that benefit the general public or promote commerce and economic development and pursuant to A.R.S.
§ 5-601.02,

B. The Nation is authorized by Section 13(A)(15) of Article V, Legislative Branch, of the Constitution of
the Fort McDowell Yavapai Nation to consult, negotiate, contract and conclude and perform
agreements with Federal, state, local governments and Indian tribes, as well as any person, association,
partnership, corporation, government or other private entity.

C. The County is authorized by A.R.S. §§ 5-601.02 and 11-952 to enter into agreements with Indian Tribes
for the purpose of accepting distributions to cities, towns or counties for governmental services that
benefit the general public, including public safety, mitigation of impacts of gaming, or promotion of
commerce and economic development.

D. The County and Nation desire to enter into this Agreement to provide funds for the purpose of
promoting public programs in the State of Arizona and specifically Maricopa County and surrounding
communities, as designated by the Nation, hereinafter referred to as the “Designated Entity”, as more
particularly described in Exhibit A attached hereto and incorporated herein by reference.

E. The County and Nation desire to enter into this Agreement to define the terms and conditions of the
Nations’ funding of the Designated Entity.

F. The amount of $8,708.57 is hereby made available for the Designated Entity from revenue generated
by the Nation’s Gaming Enterprise also known as the Fort McDowell Casino.

G. The Nation intends to provide $8,708.57 (the “Funds”), which represents a portion of its contribution
pursuant to a Tribal Revenue Sharing Agreement authorized by Section 12 of the Compact and A.R.S.
§ 5-601.02.

Agreement

NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein, and the
covenants and promises set forth below, the Nation and the County hereby mutually agree as follows:

1. Designated Entity. The Designated Entity(s) is the County and/or a non-profit entity within Maricopa
County which operates for the public benefit in Maricopa County and surrounding areas, as identified
in the attached Exhibit A.

2. Disbursement of Funds. After receipt of the Funds from the Nation, the County shall send a payment
to such Designated Entity(s) in the amount of the payment received from the Nation as expeditiously
as possible,

3. Consideration and Reliance. The Nation expressly acknowledges that the County’s promise to accept
and disburse to the Designated Entity all Funds received by the County pursuant to this Agreement is
full and adequate consideration and shall render this promise to provide funding irrevocable, and this
Agreement shall constitute a binding obligation of the Nation under applicable law.

4. Limited Duties of the County. The Nation further expressly agrees that, except as specifically set
forth in this Agreement, the County has no duties under or related to this Agreement other than to
receive the Funds and deliver same to the Designated Entity; selection of Designated Entity and
determination as to the amount of funding are solely at the discretion of the Nation. The Parties agree
that there are no third-party beneficiaries to this Agreement.

5. Financing; Verification of Payment.

A. Nation Deposit. The Nation shall deposit with the County the amount of $8,708.57 within thirty
(30) days of the Effective Date of this Agreement to be disbursed according the Designated Project
amounts in Exhibit A.

B. Verification of Payment. At the request of the Nation, the County shall provide a verification of
payment to the Designated Entity. The County’s responsibility is limited to disbursement to each
Designated Entity and the County has no further duty with regard to third party, provided that the
disbursement is complete.

6. Inspection and Audit. To ensure compliance with the County’s limited duties herein, the Nation may
inspect any and all records maintained by the County with respect to the Project upon seven (7) days
prior, written notice to the County. This Section 6 shall survive termination, cancellation, or revocation,
whether whole or in part, of this Agreement for a period of one (1) year following the date of such
termination, cancellation, or revocation.

7. Term and Termination of Agreement.

A. Effective Date. This Agreement shall be effective on the date it is signed by the Nation’s authorized
representative.

B. Term. This Agreement shall commence upon the Effective Date and shall terminate when the funds
have been received by the County and disbursed to the Designated Entity.

Cc,

Termination. The Nation may terminate this Agreement with or without cause at any time prior to
providing payment to the County, provided that such notice shall be in writing and delivered to the
parties’ designated representatives, as set forth in the Notice section.

Cancellation. Each party acknowledges that the County has the statutory right for three (3) years
to cancel this Agreement if, while this Agreement or any extension is in effect, any person
significantly involved in negotiating, drafting or securing this Agreement on behalf of any party is
G) an employee or agent of the other party in any capacity, or (ii) a consultant to the other party
with respect to the subject matter of this Agreement, as provided pursuant to AR.S. § 38-511.

8. Indemnification.

A.

Indemnification. Each party shall indemnify, defend, and hold harmless the other party, its
governing body, officers, departments, employees and agents from and against any and all suits,
actions, legal or administrative proceedings, claims, demands, liens, losses, fines or penalties,
damages, liability, interest, attorney’s, consultant’s, and account’s fees or costs and expenses of
whatsoever kind and nature, resulting from or arising out of the negligence or willful misconduct
of the indemnifying party, its employees or agents in performing the duties set forth in this
Agreement.

. No Liability for Other Party’s Debts and Obligations. Neither party shall be liable for any debts,

accounts, obligations, nor other liabilities whatsoever of the other, including and without limitation
the other party’s obligation to withhold employment and income taxes for itself or any of its
employees.

Severability. This Section 8 shall survive termination, cancellation, or revocation, whether whole
or in part, of this Agreement for a period of one (1) year from the date of such termination,
cancellation or revocation unless a timely claim is filed under A.R.S. § 12-821.01, in which case
this Section 8 shall remain in effect for each claim and/or lawsuit filed thereafter, but in no event
shall this Section 8 survive more than five (5) years from the date of termination, cancellation or
revocation of this Agreement.

9. Interpretation of Agreement.

A.

Entire Agreement. This Agreement constitutes the entire agreement between the parties pertaining
to the subject matter contained herein, and all prior or contemporaneous agreements and
understandings, oral or written, are hereby superseded and merged herein.

Amendment, This Agreement shall not be modified, amended, altered, or changed except by written
agreement signed by both parties.

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 contained herein.

Relationship of the Parties. Neither party shall be deemed to be an employee or agent of the other
party to this Agreement.

Days, Days shall mean calendar days.

Severability, In the event that any provision of this Agreement or the application thereof is declared
invalid or void by statute or judicial decision, such action shall have no effect on other provisions

10,

11.

12.

13.

and their application which cam be given effect without the invalid or void provision or application,
and to this extent the provisions of the Agreement are severable. In the event that any provision of
this Agreement is declared invalid or void, the parties agree to meet promptly upon request of the
other party in an attempt to reach an agreement on a substitute provision.

Waiver. Waiver or delay in enforcement by either party of any breach of a term, covenant, or condition
contained herein shall not be deemed a waiver of any other term, covenant, or condition, or any
subsequent breach of the same or any other term, covenant, or condition contained herein.

Notification. Any notice, communication, or modification shall be given in writing and shall be given
by registered or certified mail or in person to the following individuals. The date of receipt of such
notices shall be the date the notice shall be deemed to have been given.

For the Fort McDowell Yavapai Nation:

Bernadine Burnette, President Diandra Benally, General Counsel
Fort McDowell Yavapai Nation Fort McDowell Yavapai Nation
P.O. Box 17779 P.O. Box 17779

Fountain Hills, AZ 85269 Fountain Hills, AZ 85269

For Maricopa County:

Joy Rich, County Manager Rachel Mitchell, County Attorney
301 W. Jefferson St., 10th Floor 301 W. Jefferson St.

Phoenix, AZ 85003 Phoenix, AZ 85003

Assignment and Delegation. Neither party shall assign nor delegate any of its rights, interest,
obligations, covenants, or performance under this Agreement. Any termination shall not relieve either
party from liabilities or costs already incurred under this Agreement.

Non-Waiver of Sovereign Immunity. Nothing in this Agreement, Exhibit A or the Funding
Agreements shall be construed to waive the Sovereign Immunity of the Nation.

[SIGNATURES ON FOLLOWING PAGE]

IN WITNESS WHEREOF, Maricopa County has caused this Intergovernmental Agreement to be executed
by the Chairman of the Board of Supervisors, upon resolution of the Board of Supervisors and attested by
the Clerk of the Board, and the Fort McDowell Yavapai Nation has caused this Intergovernmental
Agreement to be executed by the Nation’s Tribal Council and attested to by its Clerk.

This Agreement is effective upon signature of a duly appointed representative of the Fort McDowell
‘Yavapai Nation.

TTEST: FORT MCDOWELL YAVAPAI NATION
Vetlene Baptisto, Sebretary Bernadine Burnette
Fort McDoweil Yavapai Nation President, Tribal Council

Fort McDowell Yavapai Nation

Ahi Vl (MS 12-7 [2032

Date Date

ATTEST: MARICOPA COUNTY, a political
subdivision of the State of Arizona

Juanita Garza Bill Gates
Clerk of the Board Chairman of the Board of Supervisors
Date Date

The undersigned attorney acknowledges that she has reviewed the above Agreement on behalf of the FORT
MCDOWELL YAVAPAI NATION, and has determined that this Agreement is in proper form and that
execution hereof is within the powers and authority granted under the Constitution of the Fort McDowell
Yavapai Nation, Section 13(A)(15), Article V Legislative Branch, as adopted October 19, 1999 and
approved by the U.S. Deputy Commissioner of Indian Affairs November 12, 1999. This acknowledgement
shall not constitute nor be construed as a waiver of the Sovereign Immunity of the Fort McDowell Yavapai

_ nfo 3.27.23

Diandra Benally, Genetal Counsel Date
Fort McDowell Yavapai Nation

In accordance with the requirements of A.R.S. § 11-952(D), the undersigned attorney acknowledges that
(i) she has reviewed the above Agreement on behalf of MARICOPA COUNTY and (ii) as to Maricopa
County only, has determined that this Agreement is in proper form and that execution hereof is within the
powers and authority granted under the laws of the State of Arizona.

Rachel Mitchell, County Attorney Date
Maricopa County

EXHIBIT A

DESIGNATED ENTITY
Entity(s) Purpose Award Contact
The Opportunity Tree Youth Support $8,708.57 Kelli O’ Toole

Youth Transition Program

and Education

TOTAL

$8,708.57