IGA

INTERGOVERNMENTAL AGREEMENT BETWEEN THE SALT RIVER
PIMA-MARICOPA INDIAN COMMUNITY AND THE CITY OF MESA
This Intergovernmental Agreement (“Agreement) is entered into by and between
the Salt River Pima-Maricopa Indian Community (“SRPMIC”), a Federally-Recognized
Indian Tribe, and the City of Mesa (“Mesa” or “City of Mesa”), a political subdivision of
the State of Arizona, pursuant to Section 12 Payment of Regulatory Costs; Tribal
Contributions (“Section 12”) of SRPMIC and State of Arizona Gaming Compact 2002
(“Compact”), as Amended and Restated in 2021, and Article VII, § 1(h) of the SRPMIC
Constitution and A.R.S. §5-601.02.
RECITALS
1. The SRPMIC and the City of Mesa may enter into an agreement with one another for
the distribution of a portion of 12% of the SRPMIC annual contribution
(“Contribution”) under Section 12 of the Compact and as provided in A.R.S. §5-
601.02 to cities, towns, or counties.
2. The SRPMIC is authorized by Article VII, Section 1(h) of the Constitution of the
SRPMIC 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.
3. The City of Mesa is authorized by A.R.S. § 11-951 through § 11-954, and the City of
Mesa Charter, to enter into agreements for the purpose of accepting distributions to
cities for governmental services that benefit the general public.
4. The SRPMIC desires to convey to the City of Mesa a portion of its annual 12% local
revenue-sharing contribution (“Contribution”) required to be paid to local
governments.
NOW THEREFORE, in consideration of the foregoing recitals, which are
incorporated herein, and the covenants and promises set forth below, the SRPMIC and the
City of Mesa hereby mutually agree as follows:
AGREEMENT
1. Purpose. The purpose of this Agreement is to set forth the rights and
responsibilities of the parties with respect to the payment and distribution of the
Contribution(s), as hereinafter defined.
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2. Contribution:
$200,000.00 to A New Leaf for Emergency homeless and domestic violence
shelter service programs.
$ 50,000.00 to U.S. Vets – Phoenix to support Phoenix meals for Homeless
and At-Risk Veterans.
$ 100,000.00 to the Child Crisis Center for the Parenting Education & Support
continuum.
$ 50,000.00 to Alice Cooper’s Solid Rock Teen Center for the Safe Havens &
Creative Sanctuaries: Supporting Youth Through Accessible Arts.
$ 20,000.00 to Visit Mesa for costs associated with the organizations podcast.
$175,000.00 to the United Food Bank for the Emergency Food Assistance
Produce Box Program.
$300,000.00 to the City of Mesa for four governmental programs.
$175,000.00 to the Paz De Cristo for relief services to empower individuals
that include: food assistance, clothing, and empowerment services.
$ 40,000.00 to First Tee Phoenix for the Youth Development Through Golf
program.
$300,000.00 to the Mesa Public Schools for the 2027 Pathway to Success
initiative to strengthen community partnerships.
$ 40,000.00 to the Strong Enough Boxing Club for the Strong Enough to lead:
Youth Boxing and character program.
Total Disbursement for this IGA: $1,450,000.00
3. Payment and Use of Funds.
a. Use of Funds for Purposes Other Than to Fulfill Agreement and Funding
Agreement (if Applicable). The City of Mesa shall use the Contribution
only for the express purpose contained herein.
b. Inspection and Audit. To ensure compliance with this Agreement and the
Funding Agreement (if applicable), the SRPMIC hereby reserves the right
to inspect any and all records maintained by the City of Mesa with respect
to this transaction upon seven (7) days prior, written notice to the City of
Mesa. The City of Mesa shall allow the SRPMIC reasonable access to the
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records pertaining thereto. This section shall survive termination,
cancellation, or revocations, whether whole or in part, of this Agreement
for a period of one (1) year following the date of such termination,
cancellation, or revocation.
4. Management of the Project.
a. Disbursing Contributions and Recordkeeping. The City of Mesa shall
have responsibility for disbursing the Contributions to the recipients in
amounts consistent with this Agreement. Within a reasonable time
following receipt of the Contributions from the SRPMIC, the City of Mesa
shall distribute the Contributions in accordance with applicable City of
Mesa policies and procedures governing the disbursement of funds. The
City of Mesa shall keep and maintain records relating to the disbursements
and this Agreement.
b. Responsibilities of the City of Mesa Following Disbursement of
Contributions. The parties agree that Mesa is merely acting as a conduit
for distribution of funds to the recipients that are not departments,
agencies or offices of the City of Mesa (“non-City recipients”). Upon
distribution of the Contributions to the non-City recipients as specified in
Section 2 of this Agreement, the City of Mesa shall have no further
responsibility to the SRPMIC with respect to such funds or the use thereof
by the non-City recipients. Therefore, upon the City of Mesa’s payment
of the Contributions to the non-City recipients as provided in Section 2,
the SRPMIC shall release the City of Mesa from any and all claims,
demands, debts, liabilities, or obligations that may arise in the event that
the non-City recipients fail for any reason to expend the Contributions in
accordance with Section 2. The SRPMIC further agrees that the City of
Mesa shall have no obligation to reimburse the SRPMIC the amount of the
Contributions for any reason after the City of Mesa disburses the
Contributions to the non-City recipients and that the SRPMIC shall look
solely to the non-City recipients for repayment of the Contributions in the
event the Contributions are not used for the intended purposes.
5. Notices. 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 SRPMIC:
Martin Harvier, President
Salt River Pima Maricopa Indian Community
10005 E. Osborn Road
Scottsdale, Arizona 85256
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For the City of Mesa:
Scott Butler, City Manager
20 E. Main St., Ste. 750
Mesa, AZ 85201
6. Transactional Conflict of Interest. All parties hereto acknowledge that this
Agreement is subject to cancellation by the City of Mesa pursuant to the provisions
of Section 38-511, Arizona Revised Statutes.
7. Term and Termination of Agreement.
a. Effective Date. This Agreement shall be effective on the date it is signed by
the SRPMIC authorized representative.
b. Term. This Agreement shall commence upon the Effective Date and shall
terminate when the Contribution has been received and fully disbursed by
the City of Mesa as specified in Section 2 of this Agreement.
c. Termination. The SRPMIC may terminate this Agreement with or without
cause at any time by providing the City of Mesa five (5) days advance
notice in writing. In the event the SRPMIC terminates this Agreement
after the City of Mesa receives the Contribution but before the City of
Mesa has disbursed the Contribution to the recipients, the SRPMIC shall
include in the notice of termination specific instructions regarding
disposition of the Contributions.
8. Indemnification.
a. Indemnification. Each party (as “Indemnitor”) shall indemnify, defend, and
hold harmless the other party (as “Indemnitee”), 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, attorneys, consultants
and accountant fees or costs and expenses of whatsoever kind and nature
(collectively referred to as “Claims”), to the extent that such Claims result
in vicarious/derivative liability to the Indemnitee resulting from or arising
out of the negligence or willful misconduct of Indemnitor’s employees or
agents in performing the duties set forth in this Agreement.
b. Severability. This section 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
paragraph shall remain in effect for each claim and/or lawsuit filed
thereafter, but in no event shall this paragraph survive more than five (5)
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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.
b. Amendment. This Agreement shall not be modified, amended, altered, or
changed except by written agreement signed by both parties.
c. 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.
d. Relationship of the Parties. Neither party shall be deemed to be an employee
or agent of the other party to this Agreement.
e. Days. Days shall mean calendar days.
f. Severability. In the event that any provisions 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 and their application
which can 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.
10. Non-Waiver of Sovereign Immunity. Nothing in this Intergovernmental
Agreement or any associated Funding Agreements shall be construed to waive the
Sovereign Immunity of the SRPMIC.
IN WITNESS WHEREOF, the City of Mesa has caused this Intergovernmental
Agreement to be approved by the City of Mesa Council and executed by its City Manager
or the City Manager’s designee, pursuant to the above stated powers and authority, and
SRPMIC has caused this Intergovernmental Agreement to be executed by the SRPMIC
Council and attested to by its President.
This Agreement is effective upon signature of a duly appointed representative of
the Salt River Pima-Maricopa Indian Community.
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IN WITNESS WHEREOF, the Parties have executed this Agreement.
SALT RIVER PIMA-MARICOPA INDIAN CITY OF MESA, an Arizona
COMMUNITY, a Federally Recognized Municipal Corp.
Indian Tribe
By:__________________________ By:__________________________
Name:_Martin Harvier___________ Name:_Scott Butler _____________
Its:_President__________________ Its:_City Manager ___________
Date: Date:
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APPROVAL OF SRPMIC ATTORNEY
The undersigned attorney acknowledges that s/he has reviewed the above Agreement on
behalf of the Salt River Pima-Maricopa Indian Community, 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 Salt River Pima-Maricopa Indian Community, Article
VII, §1(h). This acknowledgement shall not constitute nor be construed as a waiver of the
Sovereign Immunity of the Salt River Pima-Maricopa Indian Community.
________________________________ ______________________
General Counsel Date
APPROVAL OF CITY ATTORNEY
In accordance with the requirements of A.R.S. § 11-952(D), the undersigned attorney
acknowledges that (i) s/he has reviewed the above Agreement on behalf of the City of Mesa
and (ii) as to the City of Mesa 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.
________________________________ _______________________
City Attorney Date
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