Res 2620 Tohono O'odham Nation Grant-in-Aid Fiscal Agent Agreement for White Tank Mountains Conservancy 09 09 25

RESOLUTION NO. 2620 
 
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF TOLLESON, 
ARIZONA, APPROVING THE GRANT-IN-AID AGREEMENT BETWEEN THE TOHONO 
O’ODHAM NATION AND THE CITY OF TOLLESON, ARIZONA, FOR THE PURPOSE 
OF PROVIDING FUNDS TO THE WHITE TANK MOUNTAINS CONSERVANCY IN THE 
AMOUNT OF $50,000, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID 
AGREEMENT. 
 
WHEREAS, the Tohono O’odham Nation provides annual 12% local revenue-sharing 
contributions under A.R.S. § 5-601.02(H)(4) to local governments for services benefiting the 
public; and 
 
WHEREAS, the City of Tolleson is authorized by A.R.S. §§ 11-951 through 11-954 to enter 
into cooperative agreements and has been awarded $50,000 from the Tohono O’odham Nation 
to be distributed to the White Tank Mountains Conservancy for Wildlife Conservation Research. 
 
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF 
TOLLESON, ARIZONA, as follows:  
 
Section 1.  The recitals above are hereby incorporated as if fully set forth herein. 
 
Section 2.  The Grant-in-Aid Agreement between the Tohono O’odham Nation and the 
City of Tolleson for the benefit of the White Tank Mountains Conservancy in the amount of 
$50,000 is hereby approved in substantially the form attached hereto as Exhibit A and 
incorporated herein by reference. 
 
Section 3.  The Mayor, City Manager, City Clerk and City Attorney are hereby authorized 
and directed to take all steps necessary to cause the execution and delivery of this Agreement 
and to take all steps necessary to carry out the purpose and intent of this Resolution. 
 
PASSED AND ADOPTED by the Mayor and Council of the City of Tolleson, Arizona, on this 
9th day of September, 2025. 
 
 
____________________________________ 
Juan F. Rodriguez, Mayor 
 
 
                                                   ATTEST: ____________________________________ 
 
Crystal Zamora, City Clerk 
 
 
       APPROVED AS TO FORM: ____________________________________ 
 
Justin Pierce, City Attorney

EXHIBIT A 
TO 
RESOLUTION NO. 2620 
 
[Grant-in-Aid Agreement] 
 
See following pages.

GRANT-IN-AID AGREEMENT 
BETWEEN 
THE TOHONO O’ODHAM NATION 
AND THE 
CITY OF TOLLESON, AZ 
 
 
THIS GRANT-IN-AID AGREEMENT (“Agreement”) is between the Tohono O’odham 
Nation, a federally recognized Indian tribe (the “Nation”), and the City of Tolleson, AZ, 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 CITY recipient 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 recipient (“Recipient”) listed in 
Schedule A.

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 
Recipient. Upon distribution of the Contribution to the Recipient 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 Recipient. Therefore, 
upon the CITY’s disbursement of the Contribution to a 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 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 Recipient and that the 
Nation shall look solely to the 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 July 30, 2026, 
this Agreement may be deemed to have been terminated by CITY and the Nation may 
award the Agreement Contribution to another local government entity. 
 
6. Monitoring, Review, and Audit. The Nation may monitor and review the Recipient’s use 
of their portions of the Contribution as well as the Recipient’s performance of the projects

funded thereunder, and their compliance with this Agreement, which may include onsite 
visits to assess the Recipient’s governance, management and operations, to discuss the 
Recipient’s programming  and finances, and review relevant financial and other records 
and materials related to the Recipient’s 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 
Recipient. 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 
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. 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: 
 
City of Tolleson, AZ  
Attn: Crystal Zamora 
City Clerk  
9055 W. Van Buren St. 
Tolleson, AZ 85353

623-936-7111 
tolleson.cityclerk@tolleson.az.gov  
 
 
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. 
 
9. 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. 
 
10. 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. 
 
11. 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. 
 
12. 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. 
 
13. 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. 
 
14. 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 
 
 
 
 
 
Verlon M. Jose, Chairman 
 
Date

CITY OF TOLLESON, AZ 
 
 
 
 
 
City Manager, City of Tolleson, AZ 
 
Date 
 
 
 
ATTEST: 
 
 
 
 
 
Clerk of the Tolleson City Council  
 
Date

Schedule A--Recipient 
 
 
Organization 
Project 
 
Amount 
Awarded 
 
 
 
 
White Tank Mountains Conservancy 
Wildlife Conservation Research 
 
$50,000.00  
 
 
 
 
 
                                                                                                            Total Awarded:  $50,000.00