DRAFT TOHONO OODHAM NATION GRANT IN AID AGREEMENT WITH MARICOPA COUNTY- ADJUSTED WITH MC INFO 12_20_18.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 the MARICOPA COUNTY, a
political subdivision of the State of Arizona (“Recipient”).
RECITALS
The Nation desires to convey to Recipient a portion of its annual 12% local revenue-
sharing contribution (“Contribution”) to be paid to local governments for governmental 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), Recipient 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.
The Recipient 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. The Recipient may enter into a separate agreement with any subrecipient
identified herein.
2. Contribution. On execution of this Agreement, the Nation will issue payment to the
Recipient in the amount described in Schedule A (the “Contribution”) for the purpose(s)
detailed in Schedule A.
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3. Disbursement of Contribution.
a. Disbursing Contribution and Recordkeeping. The Recipient is responsible for
disbursing the Contribution consistent with this Agreement. Within a reasonable
time following receipt of the Contribution from the Nation, the Recipient shall
distribute the Contribution per Recipient policies and procedures governing the
disbursement of these funds. The Recipient shall keep and maintain records
relating to the disbursements and this Agreement.
b. Post-Disbursement Responsibilities. When applicable, the parties agree that the
Recipient may be acting as a conduit for distribution of the Contribution to a non-
Recipient entity. Upon distribution of the Contribution to a non-Recipient entity
as identified in Section 2 of this Agreement, the Recipient shall have no further
responsibility to the Nation with respect to such funds or the use thereof by the
non-Recipient entity. Therefore, upon the Recipient’s disbursement of the
Contribution to a non-Recipient entity as provided in Section 2, the Nation shall
release the Recipient from any and all claims, demands, debts, liabilities, or
obligations that may arise in the event that a non-Recipient entity fails to expend
the Contribution in accord with Section 2. The Nation further agrees that the
Recipient shall have no obligation to reimburse the Nation the amount of the
Contribution after the Recipient disburses the Contribution to a non-Recipient
entity and that the Nation shall look solely to the non-Recipient entity 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 Recipient 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 the Recipient fifteen (15) days advance
notice in writing. If the Nation terminates this Agreement after the Recipient
receives the Contribution but before the Recipient 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 Recipient. All parties acknowledge that this Agreement may be
subject to cancellation by the Recipient per A.R.S. § 38-511.
5. Money Unclaimed. If the Recipient fails to accept the Contribution on or before
December 15, 2018, this Agreement will be deemed to have been terminated by the
Recipient and the Nation will award the Agreement Contribution to another applicant.
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6. Monitoring, Review, and Audit. The Nation may monitor and review Recipient’s use of
the Contribution, performance of the projects funded thereunder, and compliance with
this Agreement, which may include onsite visits to assess Recipient’s governance,
management and operations, to discuss Recipient’s program and finances, and review
relevant financial and other records and materials. 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. 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 the Recipient 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, the Recipient 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 were used. This report may be in the form of an affidavit signed by
an officer of the Recipient 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)
the Recipient’s next steps with regard to the project or purchase made under this
Agreement.
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:
Edward D. Manuel, Chairman
Tohono O’odham Nation
P.O. Box 837
Sells, Arizona 85634
Fax: 520-383-3379
and
Executive Counsel
Tohono O’odham Nation
P.O. Box 837
Sells, Arizona 85634
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Fax: 520-383-3379
If to the Recipient:
Name: Steve Chucri, Chairman
Address: 301 W. Jefferson St., 10th Floor
City, State, Zip: Phoenix, AZ 85003
Email: clerkboard@mail.maricopa.gov
Phone: (602) 506-3766
and
Name: Maricopa County Clerk of the Board
Address: 301 W. Jefferson St., 10th Floor
City, State, Zip: Phoenix, AZ 85003
Email: clerkboard@mail.maricopa.gov
Phone: (602) 506-3766
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.
14. Counterparts and Electronic Signatures. This Agreement is executed in three (3)
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
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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
Edward D. Manuel, Chairman Date
MARICOPA COUNTY
Steve Chucri, Chairman Date
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Schedule A
Program Project Contribution
Fighter Country Partnership & Airman Leadership School Renovation and
Foundation Expansion $10,000
Arizona State University, Office of Development of Land in Tribal Nations &
Government & Community Engagement Communities $15,000
Maricopa Community Colleges Military and Veterans Success Center -
Foundation and Rio Salado College West Valley $50,000
Si Se Puede Foundation STEM Robotics Programs $20,000
Mask Fit-Testing Equipment Replacement
Sun City Fire District Project $16,913.72
Total $111,913.72
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