CY2021_IGA_MARICOPACOUNTY_DRAFT1_REVISED 1272020PARTIALSIGNED.PDF

Maricopa County — Formal (2020-12-09)

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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”) 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.

2.   
Contribution.  The SRPMIC shall make a one-time payment to the County of 
Maricopa in the amount of $ 729,111.40 to be disbursed as follows (the 
“Contribution”): 
 
 
$ 100,000.00 to the American Indian Veterans Memorial Organization 
(AIVMO) for the construction of a National Memorial to honor 
American Indian veterans of all wars.  The memorial will be 
located at the Steele Indian School Park, Phoenix.     
 
$ 75,000.00 
to the Southwest Autism Research and Resource Center to 
support telemedicine services across our programs serving 
children, teens, adults with autism and their families, which have 
been critically important during the COVID-19 pandemic.  
 
$   7,500.00  to Starry Night for their school based intervention program.  The 
program will focus and support children who suffer from neuro 
development disorders.   
 
$ 31,611.40 
to the Arizona Diamondback Foundation for the “Fresh on the 
deck mobile market” program.  The program goal is to bring fresh 
health food options to at-risk kids in communities, neighborhoods, 
and schools.  
 
$ 30,000.00 
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 a broad range of programs to 
support 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.    
 
$ 10,000.00 
to the Heard Museum for their “virtual field trips” programming.  
The program will develop a series of virtual field trips that aim to 
sustain engagement with educators, students, and families at a time 
when classrooms cannot visit the Museum.  
 
$ 75,000.00 
to Maricopa County Human Services Department funding will 
be utilized for housing rehabilitation services to veterans.

$ 50,000.00 
to Native American Connections for the Patina Mountain 
Preserve Wellness Center.  Funds will go toward the development 
of the facility and expand the organizations integrated health 
services.   
 
$30,000.00 
to Opportunity4Kids for the “Leveling the Playing Field” 
Program in Maricopa County.  The program will utilize 
scholarships to qualified children and will work with coaches and 
case workers to mark progress.      
 
$100,000.00 to Paz De Cristo to be used to provide meal services for a nightly 
meal service program.   
 
$ 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 expansion of food distribution program.  
COVID19 has tripled the need for food assistance since March 
2020.  Programming will support the growing need for food.   
 
$25,000.00 
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 Hometown for the Heroes Challenge – 
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. 
 
 
 
Total Disbursement: $ 729,111.40 
 
 
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. 
 
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 
 
 
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. 
 
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 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:

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 
 
12/7/2020