2021 IGA FORT MCDOWELL YAVAPAI NATION SIGNED BY TRIBE.PDF

Maricopa County — Formal (2021-10-20)

Extracted text (via ocr_local) 38471 characters

Intergovernmental Agreement
Between
Maricopa County and The Fort McDowell Yavapai Nation
To
Provide Funds for Government Services that Benefit the General Public
In Maricopa County
And
Surrounding Communities
Pursuant To A Tribal Revenue Sharing Agreement
Authorized By
Section 12 Payment of Regulatory Costs; Tribal Contributions

Fort McDowell Yavapai Nation and State of Arizona

Gaming Compact 2021,
And
A.R.S. § 5-601.02

Fort McDowell, Arizona

Intergovernmental Agreement
Between
Maricopa County and The Fort McDowell Yavapai Nation to Provide Funds for Government
Services that Benefit the General Public Agency in Maricopa County and Surrounding Communities

This Intergovernmental Agreement (this “Agreement”) is entered into by and between Maricopa County, a
political subdivision of the State of Arizona (the “County”), and the Fort McDowell Yavapai Nation (the
“Nation”), a Federally-Recognized Indian Tribe, pursuant to Section 12 Payment of Regulatory Costs; Tribal
Contributions (“Section 12”) of the Fort McDowell Yavapai Nation and State of Arizona Gaming Compact
as amended in 2021 (the “Compact”) and A.R.S. § 5-601.02.

Recitals

A. The County and Nation may enter into an agreement with one another for the distribution of 12% of the
Nation’s annual contribution under Section 12(b)(1) 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.

B. The Nation is authorized by Section 13(A)(15) of Article V, Legislative Branch, of the Constitution of
the Fort McDowell Yavapai Nation 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.

C. The County is authorized by A.R.S. §§ 5-601.02 and 11-952 to enter into agreements with Indian Tribes
for the purpose of accepting distributions to cities, towns, or counties for governmental services that
benefit the general public, including public safety, mitigation of impacts of gaming, or promotion of
commerce and economic development.

D. The County and Nation desire to enter into this Agreement to provide funds for the purpose of promoting
public programs in the State of Arizona and specifically Maricopa County and surrounding communities,
as designated by the Nation, hereinafter referred to as the “Designated Entities”, as more particularly
described in Exhibit A attached hereto and incorporated herein by reference.

E. The County and Nation desire to enter into this Agreement to define the terms and conditions of the
Nations’ funding of the Designated Entities.

F. The amount of $105,000.00 is hereby made available for the Designated Entities from revenue generated
by the Nation’s Gaming Enterprise also known as the We-Ko-Pa Casino Resort.

G. The Nation intends to provide $105,000.00 (the “Funds”), which represents a portion of its contribution
pursuant to a Tribal Revenue Sharing Agreement authorized by Section 12 of the Compact and A.R.S. §
5-601.02.

Agreement

NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein, and the
covenants and promises set forth below, the Nation and the County hereby mutually agree as follows:

1. Designated Entities. The Designated Entities are the County and/or non-profit entities within Maricopa
County which operate for the public benefit in Maricopa County and surrounding areas, as identified in
the attached Exhibit A.

2. Disbursement of Funds. After receipt of the Funds from the Nation, the County shall send a payment
to such Designated Entities in the amount specified in Exhibit A as expeditiously as possible.

3. Consideration and Reliance. The Nation expressly acknowledges that the County’s promise to accept
and disburse to the Designated Entities all Funds received by the County pursuant to this Agreement is
full and adequate consideration and shall render this promise to provide funding irrevocable, and this
Agreement shall constitute a binding obligation of the Nation under applicable law.

4. Limited Duties of the County. The Nation further expressly agrees that, except as specifically set forth
in this Agreement, the County has no duties under or related to this Agreement other than to receive the
Funds and deliver same to the Designated Entities as set forth in Exhibit A; selection of Designated
Entities and determination as to the amount of funding are solely at the discretion of the Nation. The
Parties agree that there are no third-party beneficiaries to this Agreement.

5. Financing; Verification of Payment.

A. Nation Deposit. The Nation shall deposit with the County the amount of $105,000.00 within thirty
(30) days of the Effective Date of this Agreement to be disbursed according the Designated Project
amounts in Exhibit A.

B. Verification of Payment. At the request of the Nation, the County shall provide a verification of
payment to the Designated Entities. The County’s responsibility is limited to disbursement to each of
the Designated Entities and the County has no further duty with regard to third party, provided that
the disbursement is complete.

6. Inspection and Audit. To ensure compliance with the County’s limited duties herein, the Nation may
inspect any and all records maintained by the County with respect to the Project upon seven (7) days
prior, written notice to the County. This Section 6 shall survive termination, cancellation, or revocation,
whether whole or in part, of this Agreement for a period of one (1) year following the date of such
termination, cancellation, or revocation.

7. Term and Termination of Agreement.

A. Effective Date. This Agreement shall be effective on the date it is signed by the Nation’s authorized
representative.

B. Term. This Agreement shall commence upon the Effective Date and shall terminate when the Funds
have been received by the County and disbursed to the Designated Entities.

C. Termination. The Nation may terminate this Agreement with or without cause at any time prior to
providing payment to the County, provided that such notice shall be in writing and delivered to the
parties’ designated representatives, as set forth in the Notice section.

Cancellation. Each party acknowledges that the County has the statutory right for three (3) years to
cancel this Agreement if, while this Agreement or any extension is in effect, any person significantly
involved in negotiating, drafting, or securing this Agreement on behalf of any party is (i) an employee
or agent of the other party in any capacity, or (ii) a consultant to the other party with respect to the
subject matter of this Agreement, as provided pursuant to AR.S. § 38-511.

8. Indemnification.

Indemnification. Each party shall indemnify, defend, and hold harmless the other party, 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, attorney’s, consultant’s, and account’s fees or costs and expenses of whatsoever kind and
nature, resulting from or arising out of the negligence or willful misconduct of the indemnifying
party, its employees, or agents in performing the duties set forth in this Agreement.

No Liability for Other Party’s Debts and Obligations. Neither party shall be liable for any debts,
accounts, obligations, nor other liabilities whatsoever of the other, including and without limitation
the other party’s obligation to withhold employment and income taxes for itself or any of its
employees.

Severability. This Section 8 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 Section 8
shall remain in effect for each claim and/or lawsuit filed thereafter, but in no event shall this Section
8 survive more than five (5) years from the date of termination, cancellation, or revocation of this
Agreement.

9. Interpretation of Agreement.

Entire Agreement. This Agreement constitutes 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.

Amendment. This Agreement shall not be modified, amended, altered, or changed except by written
agreement signed by both parties.

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.

Relationship of the Parties. Neither party shall be deemed to be an employee or agent of the other
party to this Agreement.

Days. Days shall mean calendar days.

Severability. In the event that any provision 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.

11.

12.

13.

Waiver. Waiver or delay in enforcement by either party of any breach of a term, covenant, or condition
contained herein shall not be deemed a waiver of any other term, covenant, or condition, or any
subsequent breach of the same or any other term, covenant, or condition contained herein.

Notification. 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 Fort McDowell Yavapai Nation:

Bernadine Burnette, President Diandra Benally, General Counsel
Fort McDowell Yavapai Nation Fort McDowell Yavapai Nation
P.O. Box 17779 P.O. Box 17779

Fountain Hills, AZ 85269 Fountain Hills, AZ 85269

For Maricopa County:
Allister Adel, County Attorney

301 W. Jefferson St.
Phoenix, AZ 85003

Assignment and Delegation. Neither party shall assign nor delegate any of its rights, interest,
obligations, covenants, or performance under this Agreement. Any termination shall not relieve either
party from liabilities or costs already incurred under this Agreement.

Non-Waiver of Sovereign Immunity. Nothing in this Agreement, Exhibit A or the Funding Agreements
shall be construed to waive the Sovereign Immunity of the Nation.

[SIGNATURES ON FOLLOWING PAGE]

IN WITNESS WHEREOF, Maricopa County has caused this Intergovernmental Agreement to be executed
by the Chairman of the Board of Supervisors, upon resolution of the Board of Supervisors and attested by the
Clerk of the Board, and the Fort McDowell Yavapai Nation has caused this Intergovernmental Agreement to
be executed by the Nation’s Tribal Council and attested to by its Clerk.

This Agreement is effective upon signature of a duly appointed representative of the Fort McDowell Yavapai
Nation.

FORT MCDOWELL YAVAPAI NATION

Bernadine Burnette

Fort sDoprelil Yavapai Nation President, Tribal Council
Fort McDowell Yavapai Nation

G//G/202-|

Date Date

ATTEST: MARICOPA COUNTY, a political
subdivision of the State of Arizona

Juanita Garza Jack Sellers
Clerk of the Board Chairman of the Board of Supervisors
Date Date

The undersigned attorney acknowledges that she has reviewed the above Agreement on behalf of the FORT
MCDOWELL YAVAPAI NATION, 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 Fort McDowell
Yavapai Nation, Section 13(A)(15), Article V Legislative Branch, as adopted October 19, 1999 and approved
by the U.S. Deputy Commissioner of Indian Affairs November 12, 1999. This acknowledgement shall not

constitute nor be construed as a waiver of the my, fap McDowell "S| Nation.

Diandra Benally, General Céun ‘un sel me
Fort McDowell Yavapai Nation

In accordance with the requirements of A.R.S. § 11-952(D), the undersigned attorney acknowledges that (i)
he has reviewed the above Agreement on behalf of MARICOPA COUNTY and (ii) as to MARICOPA
COUNTY 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.

EXHIBIT A

DESIGNATED ENTITY
Entity(s) Purpose Award Contact
Raising Special Kids Healthcare $15,000.00 Christopher Tiffany
Achieving My Purpose Community $10,000.00 Linda Walton
Mentor Kids USA Community $10,000.00 Aaron Parrott
Maggie’s Place Public Safety $20,000.00 Laura Magruder
Native American Community $25,000.00 Margot Cordova
Connections
Dress for Success Community $10,000.00 Lisa Doromal
Amanda Hope Community $15,000.00 Lorraine Tallman
TOTAL $105,000.00

Fort McDowell Yavapai Nation

PO. Box 17779, Fountain Hills, AZ 85269 Phone (480) 789-7000 Fax (480) 837-1630

= sete ee Een > —
President Bernadine Burnette Vice President Paul J. Russell Treasurer Pansy P. Thomas

) Council Member Gerald Doka Council Member Ruben Balderas Council Secretary Verlene Enos
August 12, 2021

SENT VIA USPS MAIL TO:

Amanda Hope Rainbow Angels
Lorraine Tallman

340 E. Coronado Rd., Ste. 100
Phoenix, AZ

RE: Fort McDowell Yavapai Nation 12% Funding
Dear Ms. Tallman:

On behalf of the Fort McDowell Yavapai Nation (the “Nation”), I am pleased to inform you that
the Tribal Council has authorized $15,000.00 in response to your 12% Funding grant application
for Amanda Hope Rainbow Angels . Of the significant number of requests for funds this year, the
Nation found your request to be one of the most deserving.

The 12% Funding grants allow the Nation to build relationships with our neighbors and invest in
important programs that have a significant impact in the State of Arizona. As you may know, the
Arizona Gaming Compact permits the Nation to allocate 12% of the fees that it would otherwise
pay to the State to select cities, towns, and counties for government services that benefit the general
public. The Nation receives funding requests from school districts, public safety agencies, and
various other beneficial programs, Many non-profit agencies also request this funding to support
programs within their communities.

The Nation’s offer of $15,000.00 is contingent upon your organization’s agreement to fulfill each
of the following requirements:

1. Use the grant funds as specified in the approved grant proposal.

2. Provide a written acknowledgement of receipt of grant funds payment within forty-five
(45) calendar days of the date at the top of this letter.

3. Cooperate with the Nation’s efforts to publicize the grant award.

4. Submit quarterly reports detailing the use of the funds and the success of the grant project.
The due dates of the quarterly reports are forthcoming.

When submitting documents to the Nation, please send two copies of the documents. One copy
should be mailed to each person named below:

Page 1 of 2
Fort McDowell Yavapai Nation
2021 12% Funding Awardee Letter

Verlene Enos Diandra Benally

Tribal Council Secretary Office of General Counsel

Fort McDowell Yavapai Nation Fort McDowell Yavapai Nation
P.O. Box 17779 P.O. Box 17779

Fountain Hills, AZ 85269 Fountain Hills, AZ 85269

The Tribal Council will consider a recipient organizations’ compliance with the requirements
listed above for future funding requests. The Nation’s 12% Funding grant application for next year
should be available on the Nation’s website on or about February 1, 2022.

Please note that the Nation has included an intergovernmental agreement for the approved funding
to the respective city, town, or county listed on your grant application. When this
intergovernmental agreement has been signed, the 12% Funding grant funds will be released. It is
the responsibility of your organization to comply with any relevant federal, state, city, town, and/or
county requirements that may be associated with your receipt of this grant. Your organization
should be advised that the Nation does not agree to assessment of any administrative fees or the
like that may apply.

If you have any questions, please do not hesitate to call Daniel Klopper, Assistant General Counsel
for the Fort McDowell Yavapai Nation, at (480) 789-7192, or by e-mail at dklopper@fmyn.org.

Congratulations. The Nation is happy to be a part of this exciting opportunity!

Vw), a

ll m Nu "

Tribal Council Secretary
Fort McDowell Yavapai Nation

Enclosures:
Intergovernmental Agreements

ce:

Page 2 of 2
Fort McDowell Yavapai Nation
2021 12% Funding Awardee Letter

Fort McDowell Yavapai Nation

P.O. Box 17779, Fountain Hills, AZ 85269 Phone (480) 789-7000 Fax, (480) 837-1630

= — — een
oe 3 as — =

President Bernadine Burnette Vice President Paul J. Russell Treasurer Pansy P. Thomas
Council Member Gerald Doka Council Member Ruben Balderas Council Secretary ‘Verlene Enos

August 9, 2021
SENT VIA USPS MAIL TO:

MentorKids USA

Aaron Parrott

15300 N. 90" Street, Ste. 200
Scottsdale, AZ 85260

RE: Fort McDowell Yavapai Nation 12% Funding
Dear Mr. Parrott:

On behalf of the Fort McDowell Yavapai Nation (the “Nation”), I am pleased to inform you that
the Tribal Council has authorized $10,000.00 in response to your 12% Funding grant application
for MentorKids USA. Of the significant number of requests for funds this year, the Nation found
your request to be one of the most deserving.

The 12% Funding grants allow the Nation to build relationships with our neighbors and invest in
important programs that have a significant impact in the State of Arizona. As you may know, the
Arizona Gaming Compact permits the Nation to allocate 12% of the fees that it would otherwise
pay to the State to select cities, towns, and counties for government services that benefit the general
public. The Nation receives funding requests from school districts, public safety agencies, and
various other beneficial programs. Many non-profit agencies also request this funding to support
programs within their communities.

The Nation’s offer of $10,000.00 is contingent upon your organization’s agreement to fulfill each
of the following requirements:

1. Use the grant funds as specified in the approved grant proposal.
Provide a written acknowledgement of receipt of grant funds payment within forty-five
(45) calendar days of the date at the top of this letter.

3. Cooperate with the Nation’s efforts to publicize the grant award.

4. Submit quarterly reports detailing the use of the funds and the success of the grant project.
The due dates of the quarterly reports are forthcoming.

When submitting documents to the Nation, please send two copies of the documents. One copy
should be mailed to each person named below:

Page | of 2
Fort McDowell Yavapai Nation
2021 12% Funding Awardee Letter

Verlene Enos Diandra Benally

Tribal Council Secretary Office of General Counsel

Fort McDowell Yavapai Nation Fort McDowell Yavapai Nation
P.O. Box 17779 P.O. Box 17779

Fountain Hills, AZ 85269 Fountain Hills, AZ 85269

If you have any questions, please do not hesitate to call Daniel Klopper, Assistant General Counsel
for the Fort McDowell Yavapai Nation, at (480) 789-7192, or by e-mail at dklopper@fmyn.org.

Congratulations. The Nation is happy to be a part of this exciting opportunity!

Sincerely,

Vérlene Enos
Tribal Council Secretary
Fort McDowell Yavapai Nation

Enclosures:
Intergovernmental Agreements

ce:

Page 2 of 2
Fort McDowell Yavapai Nation
2021 12% Funding Awardee Letter

Fort McDowell Yavapai Nation

P.O. Box 17779, Fountain Hills, AZ 85269 Phone (480) 789-7000 Fax (480) 837-1630

— aes —S os = * _—s ie mus
President Bernadine Burnette Vice President Paul J. Russell Treasurer Pansy P. Thomas
Council Member Gerald Doka Council Member Ruben Balderas Council Secretary Verlene Enos

August 12, 2021

a Eon —
——

SENT VIA USPS MAIL TO:

Maggie’s Place
Laura Magruder
4001 N. 30" Street
Phoenix, AZ 85016

RE: Fort McDowell Yavapai Nation 12% Funding
Dear Ms. Magruder:

On behalf of the Fort McDowell Yavapai Nation (the “Nation”), I am pleased to inform you that
the Tribal Council has authorized $20,000.00 in response to your 12% Funding grant application
for Maggie’s Place . Of the significant number of requests for funds this year, the Nation found
your request to be one of the most deserving.

The 12% Funding grants allow the Nation to build relationships with our neighbors and invest in
important programs that have a significant impact in the State of Arizona. As you may know, the
Arizona Gaming Compact permits the Nation to allocate 12% of the fees that it would otherwise
pay to the State to select cities, towns, and counties for government services that benefit the general
public. The Nation receives funding requests from school districts, public safety agencies, and
various other beneficial programs. Many non-profit agencies also request this funding to support
programs within their communities.

The Nation’s offer of $20,000.00 is contingent upon your organization’s agreement to fulfill each
of the following requirements:

1. Use the grant funds as specified in the approved grant proposal.

2. Provide a written acknowledgement of receipt of grant funds payment within forty-five
(45) calendar days of the date at the top of this letter.

3. Cooperate with the Nation’s efforts to publicize the grant award.

4. Submit quarterly reports detailing the use of the funds and the success of the grant project.
The due dates of the quarterly reports are forthcoming.

When submitting documents to the Nation, please send two copies of the documents. One copy
should be mailed to each person named below:

Page | of 2
Fort McDowell Yavapai Nation
2021 12% Funding Awardee Letter

Verlene Enos Diandra Benally

Tribal Council Secretary Office of General Counsel

Fort McDowell Yavapai Nation Fort McDowell Yavapai Nation
P.O. Box 17779 P.O. Box 17779

Fountain Hills, AZ 85269 Fountain Hills, AZ 85269

If you have any questions, please do not hesitate to call Daniel Klopper, Assistant General Counsel
for the Fort McDowell Yavapai Nation, at (480) 789-7192, or by e-mail at dklopper@fmyn.org.

Congratulations. The Nation is happy to be a part of this exciting opportunity!

Sincerely,

Verterle Enos
Tribal Council Secretary
Fort McDowell Yavapai Nation

Enclosures:
Intergovernmental Agreements

ce:

Page 2 of 2
Fort McDowell Yavapai Nation
2021 12% Funding Awardee Letter

Fort McDowell Yavapai Nation

PO, Box 17779, Fountain Hills, AZ 85269 Phone (480) 789-7000 Fax (480) 837-1630

President Bernadine Burnette Vice President Paul J. Russell ‘Treasurer Pansy P. Thomas
Council Member Gerald Doka Council Member Ruben Balderas Council Secretary Verlene Enos
August 12, 2021
SENT VIA USPS MAIL TO:

Native American Connections
Margot Cordova

4520 N. Central Ave. Ste. 600
Phoenix, AZ 85012

RE: Fort McDowell Yavapai Nation 12% Funding
Dear Ms. Cordova:

On behalf of the Fort McDowell Yavapai Nation (the “Nation”), I am pleased to inform you that
the Tribal Council has authorized $25,000.00 in response to your 12% Funding grant application
for Native American . Of the significant number of requests for funds this year, the Nation found
your request to be one of the most deserving.

The 12% Funding grants allow the Nation to build relationships with our neighbors and invest in
important programs that have a significant impact in the State of Arizona. As you may know, the
Arizona Gaming Compact permits the Nation to allocate 12% of the fees that it would otherwise
pay to the State to select cities, towns, and counties for government services that benefit the general
public. The Nation receives funding requests from school districts, public safety agencies, and
various other beneficial programs. Many non-profit agencies also request this funding to support
programs within their communities.

The Nation’s offer of $25,000.00 is contingent upon your organization’s agreement to fulfill each
of the following requirements:

1. Use the grant funds as specified in the approved grant proposal.

Provide a written acknowledgement of receipt of grant funds payment within forty-five

(45) calendar days of the date at the top of this letter.

Cooperate with the Nation’s efforts to publicize the grant award.

4. Submit quarterly reports detailing the use of the funds and the success of the grant project.
The due dates of the quarterly reports are forthcoming.

When submitting documents to the Nation, please send two copies of the documents. One copy
should be mailed to each person named below:

Page 1 of 2
Fort McDowell Yavapai Nation
2021 12% Funding Awardee Letter

Verlene Enos Diandra Benally

Tribal Council Secretary Office of General Counsel

Fort McDowell Yavapai Nation Fort McDowell Yavapai Nation
P.O. Box 17779 P.O. Box 17779

Fountain Hills, AZ 85269 Fountain Hills, AZ 85269

If you have any questions, please do not hesitate to call Daniel Klopper, Assistant General Counsel
for the Fort McDowell Yavapai Nation, at (480) 789-7192, or by e-mail at dklopper@fmyn.org.

Congratulations. The Nation is happy to be a part of this exciting opportunity!

Sincerely,

Verlene Enos
Tribal Council Secretary
Fort McDowell Yavapai Nation

Enclosures:
Intergovernmental Agreements

ce:

Page 2 of 2
Fort McDowell Yavapai Nation
2021 12% Funding Awardee Letter

Fort McDowell Yavapai Nation

P.O. Box 17779, Fountain Hills, AZ 85269 Phone (480) 789-7000 Fax (480) 837-1630

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— et eee a - = - ._ eager ee ee eg ee eee
President Bernadine Burnette Vice President Paul J. Russell Treasurer Pansy P. Thomas
Council Member Gerald Doka Council Member Ruben Balderas Council Secretary Verlene Enos

August 9, 2021
SENT VIA USPS MAIL TO:

Raising Special Kids

Mr. Christopher Tiffany

5025 E. Washington Street, Ste. 204
Phoenix, AZ 85034

RE: Fort McDowell Yavapai Nation 12% Funding
Dear Mr. Tiffany:

On behalf of the Fort McDowell Yavapai Nation (the “Nation”), 1 am pleased to inform you that
the Tribal Council has authorized $15,000.00 in response to your 12% Funding grant application
for Raising Special Kids. Of the significant number of requests for funds this year, the Nation
found your request to be one of the most deserving.