2017/05/02 City of Rohnert Park Foundation Resolution 2017-003RESOLUTION NO. 2017-003
A RESOLUTION OF THE CITY OF ROHNERT PARK FOUNDATION
AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A MEMORANDUM
OF UNDERSTANDING WITH THE CITY OF ROHNERT PARK TO ACCEPT
COMMUNITY INVESTMENT RECURRING CONTRIBUTIONS FROM THE
GRATON MITIGATION FUND
WHEREAS, the specific purpose of the City of Rohnert Park Foundation ("Foundation")
is to raise and manage funds in connection with civic purposes and projects; and,
WHEREAS, the Federated Indians of Graton Rancheria ("Tribe") owns and operates the
Graton Resort and Casino ("Casino") in Rohnert Park, California; and
WHEREAS, on April 17, 2013, the City of Rohnert Park ("City") approved the First
Amended and Restated Memorandum of Understanding by and between the City of Rohnert
Park and the Federated Indians of Graton Rancheria ("MOU") with the Tribe which provides,
among other things, that the Tribe shall make a quarterly charitable Community Investment
Recurring Contribution from the Graton Mitigation Fund to the City of Rohnert Park Foundation
("Recurring Contributions") to mitigate the Casino's impacts on the community of the City of
Rohnert Park; and
WHEREAS, the Recurring Contribution payments may exceed $50,000; and
WHEREAS, on or about March 27, 2012, the Tribe and the State of California ("State")
entered into that certain "Tribal -State Compact between the State of California and the Federated
Indians of Graton Rancheria", which is incorporated by reference herein, whereby the Tribe
agreed to make payments to the State which would comprise the Graton Mitigation Fund, and
whereby the State agreed to pay to the City those funds owed to the Foundation under the MOU,
including the Recurring Contributions; and
WHEREAS, the City expects to receive the first Recurring Contribution in the fourth
quarter of fiscal year 2016-17; and
WHEREAS, the City and the Foundation mutually desire to transfer the Recurring
Contributions from the City to the Foundation in compliance with the MOU and all applicable
Foundation bylaws and policies;
WHEREAS, the Foundation's Board Policy No. 1 "Donation and Gift Acceptance"
requires that donations totaling more than $50,000 be accepted by the Board of the City of
Rohnert Park Foundation through a written agreement; and
WHEREAS, the Board of the City of Rohnert Park Foundation desires to enter into a
memorandum of understanding with the City of Rohnert Park to accept the Recurring
Contributions;
NOW, THEREFORE, BE IT RESOLVED by the Board of the City of Rohnert Park
Foundation as follows:
The foregoing recitals are true and correct
2. The Executive Director is authorized and instructed to execute the Memorandum
of Understanding Between the City of Rohnert Park Foundation and the City of
Rohnert Park to Accept Community Investment Recurring Contributions from the
Graton Mitigation Fund ("Acceptance Agreement") in the form attached hereto as
Exhibit A and incorporated by reference herein.
The Executive Director is authorized to take all actions necessary to carry out the
purposes of the Acceptance Agreement.
DULY AND REGULARLY ADOPTED this 2nd day of May, 2017.
CITY OF ROHNERT PARK FOUNDATI N
J :e Mack- zzie, Chair
ATTEST:
Ul—'a 1 '
I Anne M. Buergler, Board Su retary
Attachment: Exhibit A
AHANOTU: A -I k BELFORTE: ail e CALLINAN: �-�f e STAFFORD: MACKENZIE:
AYES: (15 ) NOES: ( O ) ABSENT: ( & ABSTAIN: (b )
Exhibit A
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ROHNERT
PARK FOUNDATION AND THE CITY OF ROHNERT PARK TO ACCEPT
COMMUNITY INVESTMENT RECURRING CONTRIBUTIONS FROM THE
GRATON MITIGATION FUND
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ROHNERT
PARK FOUNDATION AND THE CITY OF ROHNERT PARK TO ACCEPT
COMMUNITY INVESTMENT RECURRING CONTRIBUTIONS FROM THE
GRATON MITIGATION FUND
This Memorandum of Understanding is entered into this _ day of May, 2017 by and between
the City of Rohnert Park Foundation ("Foundation"), a California 501(c)(3) non-profit
corporation and the City of Rohnert Park ("City"), a California municipal corporation.
WHEREAS, Foundation and City have a mutual interest in investing in the community
to serve the citizens of the City; and
WHEREAS, the Federated Indians of the Graton Rancheria ("Tribe") are the owners and
operators of the Graton Resort and Casino ("Casino"); and
WHEREAS, on April 17, 2013, City and the Tribe entered into that certain First
Amended and Restated Memorandum of Understanding by and between the City of Rohnert
Park and the Federated Indians of Graton Rancheria, a true and correct copy of which is attached
hereto as Attachment 1 and incorporated by reference herein, ("MOU") to mitigate, among other
things, the impacts of the Casino on the Rohnert Park community; and
WHEREAS, MOU Section 4.2 specifies quarterly "Charitable Contributions" as one of
the Community Investment Recurring Contributions to be paid from the Graton Mitigation Fund
to the City of Rohnert Park Foundation, subject to certain terms and conditions stated in the
MOU ("Recurring Contributions"); and
WHEREAS, the Parties anticipate some Recurring Contributions payments to exceed
fifty thousand dollars ($50,000); and
WHEREAS, on or about March 27, 2012, the Tribe entered into that certain "Tribal -
State Compact between the State of California and the Federated Indians of Graton Rancheria"
with the State of California ("State"), which is incorporated by reference herein, whereby the
Tribe agreed to make payments to the State that would comprise the Graton Mitigation Fund, and
whereby the State agreed to pay to City certain funds from the Graton Mitigation Fund, including
the Recurring Contributions owed to Foundation under the MOU; and
WHEREAS, City and Foundation mutually desire to transfer the Recurring
Contributions from City to Foundation in compliance with the MOU and all applicable
Foundation bylaws and policies; and
WHEREAS, the City of Rohnert Park Foundation's Board Policy No. 1 "Donation and
Gift Acceptance" requires that donations totaling more than fifty thousand dollars ($50,000) be
accepted by the Board through a written agreement; and
For valuable consideration, the receipt of which is hereby acknowledged, the Parties to this
Agreement agree as follows:
I . Within thirty (30) days of City's receipt of a Recurring Contributions payment from the
State, City shall make a donation in the amount equivalent to that payment to Foundation
("Donation").
2. Foundation agrees to accept each Donation received from City.
3. If City does not receive a Recurring Contribution from the State for a given quarter, City
shall have no obligation to make any Donation to Foundation for that quarter.
4. Either Party may terminate this Memorandum of Understanding without cause upon five
(5) days' written notice to the other.
5. The terms and conditions of this Agreement constitute the entire agreement between City
and Foundation with respect to the Recurring Contributions. This Agreement may not be
altered, amended or modified without the written consent of both Parties.
6. If any provision of this Agreement is held, to any extent, invalid, the remainder of this
Agreement shall not be affected, except as necessarily required by the invalid provision,
and shall remain in full force and effect.
7. There are no intended third party beneficiaries of any right or obligation assumed by the
Parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the last date
written below.
City of Rohnert Park
Darrin Jenkins, City Manager
Date
Per Resolution adapted
VI�llltlol1II
City Clerk
Date
City of Rohnert Park Foundation
Darrin Jenkins, Executive Director
Date
APPROVED AS TO FORM
City Attorney Date