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HomeMy WebLinkAboutRES 26-04 RESOLUTION NO. 26-04 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH GILA COUNTY, ARIZONA FOR CDBG ALLOCATION. WHEREAS, the City of Apache Junction and Gila County (the "Parties") are members of the Central Arizona Governments ("CAG") ; and WHEREAS, CAG is charged with the administration distribution of funds obtained through the Arizona Department of Housing for Community Development Block Grants ("CDBG") ; and WHEREAS, each year the Parties are eligible for participation in the funding and distribution process; and WHEREAS, the Parties believe that it is in their best interest to partner with another participating CDBG community so that one community can make application in one fiscal year and the other in the next fiscal year, resulting in each community receiving larger sums in the year of participation so that each community can work on larger projects which cannot be considered under normal funding circumstances; and WHEREAS, CAG has authorized a procedure for switching funding years; and WHEREAS, pursuant to A. R. S . § 11-952 (A) , public entities may enter into intergovernmental agreements with other municipalities and governmental entities for joint or cooperative activities; and WHEREAS, the Parties have crafted the attached written agreement in the form of an intergovernmental agreement ("IGA") which formalizes the arrangement . NOW, THEREFORE, BE IT RESOVED BY THE MAYOR AND CITY COUNIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : 1) The mayor and city council approve the form of the IGA for CDBG Allocation set forth in Attachment A; and the mayor is hereby authorized to sign the IGA on behalf of the city. RESOLUTION NO. 26-04 PAGE 1 OF 2 2) The city manager and/or his designee is authorized and directed to take all steps necessary to carry out the purpose and intent of this resolution and to fulfill all the duties required under the IGA. PASSED AND ADOPTED BY THE MAYOR ,ND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS " DAY OF i( 2026. SIGNED AND ATTESTED TO THIS /_ DAY OF �1 ' 2026 . 1( 1 QfJ� WALTER "CHIP" WILSON Mayor ATTEST: '/"� V-�x M - -)-" —.-- Evie McKinney w City Clerk APPROVED AS TO FORM: 2 26 Richard J. Stern i -- -_ City Attorney RESOLUTION NO. 26-04 PAGE 2 OF 2 ATTACHMENT A INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND GILA COUNTY, ARIZONA FOR CDBG ALLOCATION INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND GILA COUNTY,ARIZONA FOR CDBG ALLOCATION THIS AGREEMENT is made and entered into this _. __ day of 2026, by and between CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("Apache Junction") and GILA COUNTY, ARIZONA, an Arizona county ("Gila County"), collectively the "Parties". RECITALS A) The Parties are members of the Central Arizona Governments ("CAG") which provides, since 1975, regional planning services to Gila and Pinal Counties, including their seventeen incorporated cities and towns. B) CAG is charged with the administration and distribution of funds obtained through the Arizona Department of Housing for Community Development Block Grants ("CDBG"). C) Each year the Parties are eligible for participation in the funding and distribution process and the amount of funding available to each community depends upon the number of communities making application for CDBG allocations. D) The Parties believe that it is in their best interest to partner with another participating CDBG community so that one community can make application in one fiscal year and the other in the next fiscal year, resulting in each community receiving larger sums in the year of participation so that each community can work on larger projects which cannot be considered under normal funding circumstances. E) CAG has authorized a procedure for switching funding years in fiscal years 2025 and 2026. F)The Parties are empowered to enter into this intergovernmental agreement ("IGA") under the provisions of A.R.S. § 11-951, et seq. AGREEMENT NOW, THEREFORE, in consideration of mutual promises contained herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree as set forth below: I. CAG Submittal: Pursuant to CAG rules and regulations and the method of distribution established by CAG Regional Council, the Parties will submit required documentation to CAG, together with a copy of this IGA, which will inform CAG that the Parties will partner for purposes of funding rounds for fiscal years 2025 and 2026. The Parties will for each funding year submit a letter of intent or non-intent to CAG indicating that it is the intent of the Parties that Apache Junction will request funding for projects for fiscal year 2025 and Gila County will request funding for projects for fiscal year 2026. This will allow Apache Junction to receive double or increased funding for fiscal year 2025 and will allow Gila County to receive double or increased funding for fiscal year 2026. II. Term and Risk Acknowledgement: The Parties acknowledge that there is a possibility of changes in Federal or State policy and/or funding in the future and that each assumes said risk knowingly, understanding that funding levels may change during the two (2) fiscal year term of this IGA. The Parties further understand that the letter of intent filed in accordance with this IGA is valid for a period of two (2) fiscal years and there shall be no authority to withdraw or modify such letter of intent after April 1, 2026. III. Application Compliance: The Parties shall be fully and solely responsible for compliance with all rules and regulations applicable to the grant applications. Failure to obtain funding or grants as a result of a community's failure to timely file applications for grant funds shall not authorize relief from this IGA. This IGA shall have a term of two (2) fiscal years from the date set forth above the Recitals. IV. Payment of Fees: The Parties shall be responsible for payment of any fees charged by CAG for work performed by CAG on behalf of that respective community during the term of this Agreement. V. Authori of Managers/Letter of Intent Deadlines: The Gila County Manager and the Apache Junction City Manager are authorized to execute any and all documents required to carry out the intent of this IGA. Each Party shall provide to the other Party copies of the letter of intent required pursuant to Section 1 above prior to May 1, 2026, together with any and all other documentation or records required to carry out the provisions of this IGA. VI. Conflicts of Interest: The provisions of A.R.S. § 38-511 relating to termination of agreements due to conflicts of interest apply to this IGA. VII. Notices: Notices shall be mailed to the Parties as follows: 2 City of Apache Junction Robert Wisler, Management Analyst 300 E. Superstition Blvd. Apache Junction, Arizona 85119 Gila County Joshua Beck, Health and Community Services Department 1400 E. Ash Street Globe, Arizona 85501 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly executed as of the day and year first written above. CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By: Walter "Chip" Wilson Its: Mayor ATTEST: Evie McKinney City Clerk GILA COUNTY, an Arizona county By: Steve Christensen Its: Chairman of the Board of Supervisors i ATTEST: Charlotte Asrarynezami Clerk of the Board of Supervisors COUNSEL APPROVAL AS TO FORM: I have read this Agreement and have determined such Agreement is in proper form and is entered into within the powers of and authority granted under the laws of the State of Arizona. R.Joel Stern, Apache Junction City Attorney Date Gila County Attorney's Office Date 5