Grant In Aid Agreement TO to SHP

GRANT-IN-AID AGREEMENT
BETWEEN
THE TOHONO O’ODHAM NATION
AND
CITY OF GLENDALE

THIS GRANT-IN-AID AGREEMENT (“Agreement”) is between the Tohono O’odham
Nation, a federally recognized Indian tribe (the “Nation”), and the City of Glendale, a political
subdivision of the State of Arizona (“City”).

RECITALS

The Nation desires to convey to City a portion of its annual 12% local revenue-sharing
contribution (“Contribution”) to be used by City and non-City 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), City 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.

City 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 City
in the amount described in Schedule A (the “Contribution”) for the purpose(s) detailed in
Schedule A. City will distribute funds directly to the City recipient(s) (“City Recipients”)
listed in Schedule A.

Grant-in-Aid Agreement: CITY OF GLENDALE
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3. Disbursement of Contribution and Recordkeeping. City is responsible for disbursing
the Contribution consistent with this Agreement. Within a reasonable time following
receipt of the Contribution from the Nation, City shall distribute the Contribution per City
policies and procedures governing the disbursement of these funds. City shall keep and
maintain records relating to the disbursements and this Agreement.

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 the City 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 City fifteen (15) days advance notice in
writing. If the Nation terminates this Agreement after City receives the
Contribution but before City 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 City. All parties acknowledge that this Agreement may be
subject to cancellation by City per A.R.S. § 38-511.

5. Money Unclaimed. If City fails to accept the Contribution on or before December 31,
2021, this Agreement will be deemed to have been terminated by City 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 City
Recipients’ use of their portions of the Contribution as well as the City Recipients’
performance of the projects funded thereunder, and their compliance with this
Agreement, which may include onsite visits to assess the City Recipients’ governance,
management and operations, to discuss the City Recipients’ programming and finances,
and review relevant financial and other records and materials related to the City
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 City 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 City shall first attempt to negotiate a resolution. All

Grant-in-Aid Agreement: CITY OF GLENDALE
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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, City 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 City Recipients were used. This report may be in the form of an
affidavit signed by an officer of City 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) City’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:

Ned Norris, Chairman
Tohono O’odham Nation
P.O. Box 837

Sells, Arizona 85634
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 City:

Grant-in-Aid Agreement: CITY OF GLENDALE
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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 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.

INTENTIONALLY LEFT BLANK. SIGNATURE PAGE TO FOLLOW.

Grant-in-Aid Agreement: CITY OF GLENDALE
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This Agreement is signed on behalf of the parties:

TOHONO O’ODHAM NATION
Ned Norris, Jr., Chairman Date
CITY OF GLENDALE

- [Name], [Title] Date
ATTEST:
Clerk of the Board Date

APPROVED AS TO CONTENT:

_ [Name], [Title] Date
APPROVED AS TO FORM:
[Name], [Title] Date

Grant-in-Aid Agreement: CITY OF GLENDALE
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Schedule A

Program Project Contribution
Sleep in Heavenly Peace Build Days $10,025.60
Total $10,025.60

Page 6 of 6

Grant-in-Aid Agreement: CITY OF GLENDALE

Leslie, Brittany

From: Krey, Kristen

Sent: Monday, November 1, 2021 1:21 PM

To: Leslie, Brittany; Rios, Vicki; Camacho, Lisette

Subject: FW: TO Nation 12% Grant Agreement

Attachments; DRAFT TO Grant-in-Aid Agreement GLENDALE 2021.docx

Hi Brittany! Can you help me get this to Michael or designee for review please? The tribe’s deadline is end of November,
! would like to get it done prior to the thanksgiving holiday as I’m out of the office after that for a few days.

This is a tribal pass through grant for one of our local non-profits. In the past the tribe has required a resolution from
council, they no longer require a resolution and have replaced it with a grant-in-aid agreement. Once your office has
approved and signatured | can have it signed by Kevin or Vicki. Then I’m thinking of sending it to council as a for your
information item or council meeting.

Thanks so much and hope you are doing well! It was nice to see you in person last week ©

Kristen Krey, MAOM, CPM
Grants Program Manager
Budget and Finance Department
623.930.2222
kkrey@glendaleaz.com

Glendale

R ZON

Sixt ANNUAL
CONFERENCE 1s-Piks08

November 3-6,2028, = & ONLINE

FCT EON LIMON TANS aber Pon em er

From: Christine VanDyk <Christine. VanDyk@tonation-nsn.gov>
Sent: Monday, November 1, 2021 12:48 PM

To: Krey, Kristen <kkrey@glendaleaz.com>

Subject: TO Nation 12% Grant Agreement

Good afternoon Kristin,

My name is Christine Van Dyk; | am the Executive Counsel to the Tohono O’odham Nation Chairman, Ned Norris, Jr. |
was provided with your email address as the Glendale contact for the 12% grant awards being funneled through the city
for Sleep in Heavenly Peace.

Please find attached draft Grant-In-Aid Agreement between the Tohono O’odham Nation and the City of Glendale. I’ve
highlighted the sections that still need to be complete in the agreement, this includes:

- Section 9: Notice Information for City

- Signature Line: Name of City Signor

- Signature Line: Name for Approved as to Content for City (If applicable)

1

- Signature Line: Name for Approved as to Form for City (If applicable)

Please send back redline edits for any information you add, and any recommended edits or comments you have. We can
delete any signature lines that are not required by the city. Once we have a final agreed upon agreement | will finalize
and send to you to collect signatures. We are on a time crunch and are hoping that we can get this complete by the end
of November at the latest.

Please let me know if you have any questions. | am available by email or at the telephone numbers listed below.

Regards,

Christine Van Dyk

Executive Counsel

Office of the Chairman and Vice Chairwoman
Tohono O'odham Nation

P.O. Box 837

Sells, Arizona 85634

(520) 383-2028 (0)

(520) 993-6877 (C)

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