Grant-In-Aid Agreement with TOHONO O’ODHAM Nation

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 non-City recipients (“Non-City
Recipients”) listed in Schedule A.

Grant-in-Aid Agreement: CITY OF GLENDALE
Page | of 6

3. Disbursement of Contribution.

a. Disbursing 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.

b. Post-Disbursement Responsibilities. When applicable, the parties agree that
City will be acting as a conduit for distribution of the Contribution to the Non-
City Recipients. Upon distribution of the Contribution to the Non-City Recipients
as identified in Section 2 of this Agreement, the City shall have no further
responsibility to the Nation with respect to such funds or the use thereof by the
Non- City Recipients. Therefore, upon the City’s disbursement of the
Contribution to a Non-City Recipient as provided in Section 2, the Nation shall
release the City from any and all claims, demands, debts, liabilities, or obligations
that may arise in the event that a Non-City Recipient fails to expend the
Contribution in accord with Section 2. The Nation further agrees that the City
shall have no obligation to reimburse the Nation the amount of the Contribution
after the City disburses the Contribution to a Non-City Recipient and that the
Nation shall look solely to the Non-City 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 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 June 30, 2024,
this Agreement will be deemed to have been terminated by City and the Nation will
award the Agreement Contribution to another local government entity.

Grant-in-Aid Agreement: CITY OF GLENDALE
Page 2 of 6

6. 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
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.

7. 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:

Verlon M. Jose, 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:

José Echeverria Vega, Grants Program Manager
5850 West Glendale Avenue

Glendale, Arizona 85301

Phone: (623)930-2222

Email: jecheverriavega@ glendaleaz.com

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.

8. 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

Grant-in-Aid Agreement: CITY OF GLENDALE
Page 3 of 6

previous agreements between the parties with respect to all or any part of the subject
matter hereof.

9. 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.

10. 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.

11. 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.

12. 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.

13. 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

S- wot

Date

Grant-in-Aid Agreement: CITY OF GLENDALE

Page 4 of 6

CITY OF GLENDALE

Kevin Phelps, City Manager Date
ATTEST:
Julie Bowers, City Clerk Date
APPROVED AS TO CONTENT:
Michael Bailey, City Attomey = ~~ Date
APPROVED AS TO FORM:
N/A
Date

Grant-in-Aid Agreement: CITY OF GLENDALE
Page 5 of 6

Schedule A

Organization Project Contribution
New Life Community Church Cultural Aid and Operating Expenses $40,000.00
Total $40,000.00

Page 6 of 6

Grant-in-Aid Agreement: CITY OF GLENDALE