SRP MIC_IGA_CY2025_09122024.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.
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2.
Contribution. The SRPMIC shall make a one-time payment to the County of
Maricopa in the amount of $1,407,301.60 to be disbursed as follows (the
“Contribution”):
$ 164,000.00 to the S’edav Va’aki Museum (formerly Pueblo Grande
Museum) for gallery expansion and renovation and building
support.
$100,000.00
to the Southwest Autism Research and Resource Center for
essential clinical programs and program expansion in east Mesa.
$ 15,000.00 to Starry Night for their underserved scholarship program to
support families on the autism spectrum.
$ 25,000.00
to the Arizona Golf and Life Skills Inc. dba First Tee-Phoenix
for the youth development through golf program. Funds will
provide for training, equipment, course access fees, and coaching.
$ 50,000.00
to the Arizona Science Center for hands-on science discovery
programming for low income youth. The programming will assist
title I schools in Maricopa County.
$ 25,000.00
to the 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 the launch of the planning phase for the
reinstallation of the museum’s permanent collection and new long-
term exhibition.
$100,000.00
to Native American Connections to support housing operations
and services at four facilities.
$ 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.
$171,000.00
to Archaeology Southwest for the purchase of land to preserve the
Gillespie Narrows Petroglyph.
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$ 25,000.00
to the Southwest Human Development for birth to five helpline
and fussy baby program.
$100,000.00
to St. Mary’s Food Bank for the food distribution program.
$100,000.00
to The Leukemia & Lymphoma Society- AZ funds will be used
for the Local Travel Assistance for Patients program. The program
provides financial assistance to people diagnosed with blood
cancer.
$ 25,000.00
to the Arizona Heroes to Hometowns for the Wilderness Healing
Retreat – Anasazi Experience. Working in cooperation with the
Anasazi Foundation services will provide a therapeutic and
spiritual healing environment for veterans. Programming will
address veterans dealing with anxiety, depression, suicide, and
symptoms of PTSD.
$100,000.00
to the Keys to Change for the Street Outreach program that will
focus on individuals experiencing homelessness on the streets.
$ 75,000.00
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
fostering success for children in foster care through individual
awards for a wide range of activities.
$100,000.00
to the Liberty Wildlife for the environmental education program
and community outreach to promote the care of nature and
wildlife.
$ 70,000.00
to One Step Beyond Inc. to support the Culinary & Catering
Training Program at the southwest Phoenix campus.
$ 27,301.60
to the Hugh O’Conor Memorial Pipe Band for the purchase of
musical equipment and travel subsidy to international event.
$ 25,000.00
to the Soldier’s Best Friend for the support of developing dog
training teams to support veterans.
3.
Payment and Use of Funds.
a.
Use of Funds for Purposes Other Than to Fulfill Agreement.
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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.
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
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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
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,
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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.
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
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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 Chairman 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.
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: Chairman
Date:
Date:
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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