2026 SRP-MIC IGA _DFT_09212026 REVISED.DOCX
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INTERGOVERNMENTAL AGREEMENT BETWEEN THE SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY AND THE COUNTY OF MARICOPA 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 County of Maricopa (“Maricopa” or “County of Maricopa”), a political subdivision of the State of Arizona, pursuant to Section 12 Payment of Regulatory Costs; Tribal Contributions (“Section 12”) of the SRPMIC and the 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 County of Maricopa 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 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. 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 County of Maricopa is authorized by A.R.S. § 11-951 through § 11-954, 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 County of Maricopa 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 County of Maricopa 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. Page 1 of 8 2. Contribution. The SRPMIC shall make a one-time payment to the County of Maricopa in the amount of $ 1,298,500.00 to be disbursed as follows (the “Contribution”): $ 50,000.00 to Accel for educating students with special needs throughout Maricopa County. $100,000.00 to the Southwest Autism Research and Resource Center for essential clinical programs and program expansion in east Mesa. $ 18,500.00 to Starry Night for their underserved scholarship program to support families on the autism spectrum. $ 30,000.00 to Encircle Families for Positive Family Coaching (PFC) that reaches over 11,000 families. $ 50,000.00 to the Arizona Science Center for STEM education programming for underserved children through focused field trips and science on wheels. $ 25,000.00 to the Hope Ignites (formerly Boys Hope Girls Hope) for the Academy College and Career Programming. The program supports scholars to help them succeed in challenging environments. $ 20,000.00 to the Fighter Country Partnership to fund their “Top Three” programs to support Morale & Well Being, Culture & Tradition, and Mission Sustainability. These programs support the Men, Women, Families, and Mission of Luke Air Force Base. $ 20,000.00 to the Heard Museum for Education Facilities Expansion Planning for youth learning and public engagement. $150,000.00 to Native Nations for two primary objectives: Arizona Athlete Identification, and Representative Team Advancement & Competition. $ 40,000.00 to Opportunity4Kids for the “Leveling the Playing Field” Program in Maricopa County. The program goal is to increase participation in out-of-school opportunities for low-income children. $175,000.00 to St. Mary’s Food Bank for the food distribution program. Page 2 of 8 $100,000.00 to Blood Cancer United (formerly LLS) funds will be used for Arizona Patient Support. $ 125,000.00 to the Ronald McDonald House Charities for the Keeping Families Together Program. The program provides families with a comfortable and safe place to stay that is close to their hospitalized children. $ 30,000.00 to the Arizona Friends of Foster Children Foundation for childhood activities for children and youth in foster care to improve the quality of life. $100,000.00 to the Liberty Wildlife for the environmental education program and community outreach to promote the care of nature and wildlife. $ 15,000.00 to the Special Olympics Arizona for inclusive sports and support of special Olympics Arizona athletes. $ 100,000.00 to the Veterans Medical Leadership Council for the Returning Warrior program that has been providing services to veterans since 2005. $150,000.00 to the Valleywise Foundation for the IV Ultrasound System & Simulation Lab Manikin Program. 3. Payment and Use of Funds. a. Use of Funds for Purposes Other Than to Fulfill Agreement. The County of Maricopa shall use the Contribution only for the express purpose contained herein. b. Inspection and Audit. To ensure compliance with this Agreement, the SRPMIC hereby reserves the right to inspect any and all records maintained by the County of Maricopa with respect to this transaction upon seven (7) days prior, written notice to the County of Maricopa. The County of Maricopa shall allow the SRPMIC reasonable access to the 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. Page 3 of 8 4. Management of the Project. a. Disbursing Contributions and Recordkeeping. The County of Maricopa 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 County of Maricopa shall distribute the Contributions in accordance with applicable County of Maricopa policies and procedures governing the disbursement of funds. The County of Maricopa shall keep and maintain records relating to the disbursements and this Agreement. b. Responsibilities of the County of Maricopa Following Disbursement of Contributions. The parties agree that Maricopa is merely acting as a conduit for distribution of funds to the recipients that are not departments, agencies or offices of the County of Maricopa (“non-County recipients”). Upon distribution of the Contributions to the non-County recipients as specified in Section 2 of this Agreement, the County of Maricopa shall have no further responsibility to the SRPMIC with respect to such funds or the use thereof by the non-County recipients. Therefore, upon the County of Maricopa’s payment of the Contributions to the non-County recipients as provided in Section 2, the SRPMIC shall release the County of Maricopa from any and all claims, demands, debts, liabilities, or obligations that may arise in the event that the non-County recipients fail for any reason to expend the Contributions in accordance with Section 2. The SRPMIC further agrees that the County of Maricopa shall have no obligation to reimburse the SRPMIC the amount of the Contributions for any reason after the County of Maricopa disburses the Contributions to the non-County recipients and that the SRPMIC shall look solely to the non- County 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 For the County of Maricopa:Maricopa County Clerk of the Board 301 W Jefferson St., 10th Floor Phoenix, AZ 85003 Page 4 of 8 6. Transactional Conflict of Interest. All parties hereto acknowledge that this Agreement is subject to cancellation by the County of Maricopa 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 approved by the Board of Supervisors and 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 County of Maricopa 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 County of Maricopa five (5) days advance notice in writing. In the event the SRPMIC terminates this Agreement after the County Maricopa receives the Contribution but before the County of Maricopa 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”), but only to the extent that such Claims which result in vicarious/derivative liability to the Indemnitee result from or arise out of the negligence or willful misconduct of the 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) years from the date of termination, cancellation or revocation of this Agreement. Page 5 of 8 9. Interpretation of Agreement. a. Entire Agreement. This Agreement shall constitute 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 County of Maricopa has caused this Intergovernmental Agreement to be approved by the Maricopa County Board of Supervisors and executed by its Chair pursuant to the above state powers and authority, and the 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. Page 6 of 8 IN WITNESS WHEREOF, the Parties have executed this Agreement. SALT RIVER PIMA-MARICOPA COUNTY OF MARICOPA, INDIAN COMMUNITY, a subdivision of the State of Arizona: A Federally Recognized Indian Tribe: By: __________________________ By: __________________________ Name: Martin Harvier____________ Name: ____________________ Its: _President__________________ Its: Chair Date: Date: Page 7 of 8 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 COUNTY LEGAL COUNSEL 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 County of Maricopa and (ii) as to the County of Maricopa 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. ________________________________ ______________________ County Legal Counsel Date Page 8 of 8