TO CY2023 IGA WIITH MC- SIGNED BY TRIBE.PDF
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GRANT-IN-AID AGREEMENT
BETWEEN
THE TOHONO O’ODHAM NATION
AND
MARICOPA COUNTY, AZ
THIS GRANT-IN-AID AGREEMENT (“Agreement”) is between the Tohono O’odham
Nation, a federally recognized Indian tribe (the “Nation”), and the COUNTY of Maricopa, AZ, a
political subdivision of the State of Arizona (“COUNTY”).
RECITALS
The Nation desires to convey to COUNTY a portion of its annual 12% local revenue-
sharing contribution (“Contribution”) to be used by COUNTY and COUNTY 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), COUNTY 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.
COUNTY 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
COUNTY in the amount described in Schedule A (the “Contribution”) for the purpose(s)
detailed in Schedule A. COUNTY will distribute funds directly to the recipients
(“Recipients”) listed in Schedule A.
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3. Disbursement of Contribution.
a. Disbursing Contribution and Recordkeeping. COUNTY is responsible for
disbursing the Contribution consistent with this Agreement. Within a reasonable
time following receipt of the Contribution from the Nation, COUNTY shall
distribute the Contribution per COUNTY policies and procedures governing the
disbursement of these funds. COUNTY shall keep and maintain records relating to
the disbursements and this Agreement.
b. Post-Disbursement Responsibilities. When applicable, the parties agree that
COUNTY will be acting as a conduit for distribution of the Contribution to the
Recipient. Upon distribution of the Contribution to the Recipients as identified in
Section 2 of this Agreement, the COUNTY shall have no further responsibility to
the Nation with respect to such funds or the use thereof by the Recipients.
Therefore, upon the COUNTY’s disbursement of the Contribution to a Recipient
as provided in Section 2, the Nation shall release the COUNTY 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 COUNTY shall have no obligation to reimburse the Nation
the amount of the Contribution after the COUNTY 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 COUNTY 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 COUNTY fifteen (15) days advance notice in
writing. If the Nation terminates this Agreement after COUNTY receives the
Contribution but before COUNTY 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 COUNTY. All parties acknowledge that this Agreement may be
subject to cancellation by COUNTY per A.R.S. § 38-511.
5. Money Unclaimed. If COUNTY fails to accept the Contribution on or before June 30,
2024, this Agreement will be deemed to have been terminated by COUNTY and the Nation
will award the Agreement Contribution to another local government entity.
6. Monitoring, Review, and Audit. The Nation may monitor and review the Recipients’ use
of their portions of the Contribution as well as the Recipients’ performance of the projects
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funded thereunder, and their compliance with this Agreement, which may include onsite
visits to assess the Recipients’ 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
Recipients. 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 COUNTY 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 COUNTY:
Maricopa County, AZ
Attn: Milka Doom
301 W. Jefferson Ave., 9th Floor.
Phoenix, AZ 85003
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(602) 506-7208
milka.doom@maricopa.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
11/15/2023
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MARICOPA COUNTY
Chairman, Maricopa County Board of
Supervisors
Date
ATTEST:
Clerk of the Maricopa County Bd. Of
Supervisors
Date
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Schedule A--Recipients
Organization
Project
Amount
Amanda Hope Rainbow Angels
Mobile Therapy Program for
Children with Cancer
$4,000.00
Arizona Pet Project
Operating Expenses
$15,000.00
Arizona State University
INSPIRE, Indigenous Career
Futures, and AISSS Indigenous
Mentoring Program
$83,500.00
Fighter Country Foundation
Fund FCF Top Three Programs, a
variety of events and services to
support the families at Luke Air
Force Base
$30,000.00
Foundation for Blind Children
Braille Textbooks
$25,000.00
Maricopa County Sheriff's Office
Drone Program Expansion
$155,203.29
Del Corazon de Jessica
Kids Stuff Exchange
$138,204.00
Agua Fria Food and Clothing Bank
Operating Expenses
$25,000.00
Arizona Center for Nature Conservation
/ Phoenix Zoo
Veterinary Medical Center
$25,000.00
Arizona Friends of Foster Children
Foundation
Tutoring Services
$10,000.00
Total:
$510,907.29