TO GRANT-IN-AID AGREEMENT MARICOPA COUNTY (REVISED) 11.4.19.DOCX

GRANT-IN-AID AGREEMENT
BETWEEN
THE TOHONO O’ODHAM NATION
AND
MARICOPA COUNTY
THIS GRANT-IN-AID AGREEMENT (“Agreement”) is between the Tohono O’odham
Nation, a federally recognized Indian tribe (the “Nation”), and Maricopa County, a political
subdivision of the State of Arizona (“County”).
RECITALS
The Nation desires to convey to County a portion of its annual 12% local revenue-sharing
contribution (“Contribution”) to be used by County and non-County recipients for services that
benefit the general public.
The Constitution of the Tohono O’odham Nation, Article VI, Section 1(f) provides that
the Tohono O’odham Legislative Council is authorized to negotiate and conclude agreements on
behalf of the Nation with Federal, State, and local governments.
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 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.
Under A.R.S. § 5-601.02(H)(4), County may receive monies from the Nation for services
identified by the Nation that benefit the general public, including public safety, mitigation of
gaming impacts, and promotion of commerce and economic development.
County is authorized by A.R.S. § 11-951 through § 11-954 to enter into agreements for
joint or cooperative actions with public agencies.
Now, therefore, in consideration of the mutual promises contained herein, the parties
hereby 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, as hereinafter
defined.
2. Contribution. On execution of this Agreement, the Nation will issue payment to the
County in the amount described in Schedule A (the “Contribution”) for the purpose(s)
detailed in Schedule A. County will enter into separate agreements to distribute funds to
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the non-County recipients listed in Schedule A as programs 1 through 6 (“Non-County
Recipients”).
3. Disbursement of Contribution.
a. Disbursing Contribution and Recordkeeping. County is responsible for
disbursing the Contribution consistent with this Agreement. Within a reasonable
time following receipt of the Contribution from the Nation, County shall
distribute the Contribution per County policies and procedures governing the
disbursement of these funds. County shall keep and maintain records relating to
the disbursements and this Agreement.
b. Post-Disbursement Responsibilities. When applicable, the parties agree that
County will be acting as a conduit for distribution of the Contribution to the Non-
County Recipients. Upon distribution of the Contribution to the Non-County
Recipients as identified in Section 2 of this Agreement, the County/ shall have no
further responsibility to the Nation with respect to such funds or the use thereof
by the Non-County Recipients. Therefore, upon the County’s disbursement of the
Contribution to a Non-County Recipient as provided in Section 2, the Nation shall
release the County from any and all claims, demands, debts, liabilities, or
obligations that may arise in the event that a Non-County Recipient fails to
expend the Contribution in accord with Section 2. The Nation further agrees that
the County shall have no obligation to reimburse the Nation the amount of the
Contribution after the County disburses the Contribution to a Non-County
Recipient and that the Nation shall look solely to the Non-County Recipient for
repayment of the Contribution if the Contribution is not used for the intended
purposes.
4. Term and Termination.
a. Effective Date. This Agreement shall become effective when all parties have
signed. The date this Agreement is signed by the last party, as indicated by the
date associated with the party’s signature, shall be deemed the Effective Date.
b. Term. This Agreement shall commence upon the Effective Date and will
continue for twelve (12) months unless terminated earlier (“End Date”). The
Nation, in its discretion, may approve in writing any request by County for a no-
cost extension, including amending the End Date and adjusting any affected
reporting requirements.
c. Termination by Nation. The Nation may terminate this Agreement with or
without cause at any time by providing County fifteen (15) days advance notice in
writing. If the Nation terminates this Agreement after County receives the
Contribution but before County disbursed the Contribution in accord with Section
2, the Nation shall include in the notice of termination specific instructions
regarding disposition of the Contribution.
d. Termination by County. All parties acknowledge that this Agreement may be
subject to cancellation by County per A.R.S. § 38-511.
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5. Money Unclaimed. If County fails to accept the Contribution on or before December
19, 2019, this Agreement will be deemed to have been terminated by County and the
Nation will award the Agreement Contribution to another local government entity.
6. Monitoring, Review, and Audit. The Nation may monitor and review the County
Recipients’ use of their portions of the Contribution as well as the County Recipients’
performance of the projects funded thereunder, and their compliance with this
Agreement, which may include onsite visits to assess the County Recipients’ governance,
management and operations, to discuss the County Recipients’ programming and
finances, and review relevant financial and other records and materials related to the
County Recipients’ use of their portion of the Contribution. In addition, the Nation may
conduct audits, including onsite audits, at any time during the term of this Agreement,
and within three years after the Contribution has been fully spent by the County
Recipients. Any onsite visit or audit shall be conducted at the Nation’s expense,
following prior written notice, during normal business hours, and no more than once
during any twelve (12) month period.
7. Dispute Resolution. The parties mutually agree that any disputes arising pursuant to this
Agreement shall be resolved through informal dispute resolution. For all disputes arising
under this Agreement the Nation and County 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.
8. Reports: If applicable, County will submit a final report to the Nation within 30 days of
the End Date of this Agreement explaining how and when the funds provided under this
Agreement to the County Recipients were used. This report may be in the form of an
affidavit signed by an officer of County and may be accompanied by supporting
documentation. The report must address: (i) changes in the scope of the project or
purchase funded under this Agreement, (ii) the total expenses under the project or
purchase funded by the Agreement, (iii) a brief description of who has benefited from
this Agreement, and (iv) County’s next steps with regard to the project or purchase made
under this Agreement. County is not required to provide reports about the Non-County
Recipients.
9. Notices. Any notice, consent or other communication required or permitted under this
Agreement 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:
Ned Norris, Chairman
Tohono O’odham Nation
P.O. Box 837
Sells, Arizona 85634
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Phone: (520) 383-2028
Fax: (520) 383-3379
and
Executive Counsel
Tohono O’odham Nation
P.O. Box 837
Sells, Arizona 85634
Phone: (520) 383-2028
Fax: 520-383-3379
If to the County:
[Name], [Title]
[Address]
[Address]
Phone:
Fax:
Email:
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.
10. Entire Agreement, and Amendments. This Agreement constitutes the entire
understanding and agreement of the parties. This Agreement 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.
11. Relationship. The relationship of the parties to this Agreement is determined solely by
the provisions of this Agreement. The parties do not intend to create any agency,
partnership, joint venture, trust, fiduciary or other relationship which would impose
liability upon one party for the act or failure to act of the other party.
12. No Waiver. Except as otherwise expressly provided in this Agreement, 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.
13. Severability. If any provision of this Agreement shall be found invalid or unenforceable,
the remaining provisions of this Agreement shall not be affected thereby and shall be
valid and enforceable to the fullest extent permitted by law.
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14. Counterparts and Electronic Signatures. This Agreement is executed in duplicate
originals. Except as may be prohibited by applicable law or regulation, this Agreement
and any amendment may be signed in counterparts, by facsimile, PDF, or other electronic
means, each of which will be deemed an original and all of which when taken together
will constitute one agreement. Facsimile and electronic signatures will be binding for all
purposes.
15. Sovereign Immunity. Nothing in this Agreement shall be deemed a waiver of either
party’s sovereign immunity in any forum or jurisdiction.
This Agreement is signed on behalf of the parties:
TOHONO O’ODHAM NATION
Ned Norris, Chairman Date
MARICOPA COUNTY
[Name], [Title] Date
ATTEST:
Clerk of the Board Date
APPROVED AS TO CONTENT:
[Name], [Title] Date
APPROVED AS TO FORM:
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[Name], [Title] Date
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Schedule A
Program Project Contribution
1. Arizona Fire & Medical Authority Thermal Imaging Cameras $20,187.00
2. Arizona State University, College of
Health Solutions SPRINT Summer Health Program $51,506.00
3. Amanda Hope Rainbow Angels Mom Mentoring $10,000.00
4. NABI Youth Summit $50,000.00
5. Native American Connections Phoenix Indian School Visitor Center $25,000.00
6. Phoenix Children’s Hospital Center for Family Health – SIDS Program $29,913.00
Total $186,606.00
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