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Home My WebLink AboutRES 04-22RESOLUTION NO.04-22 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION.ARIZONA,APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE TOWN OF PAYSON TO ESTABLISH A PARTNERING ARRANGEMENT FOR APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. WHEREAS,the City of Apache Junction ("Apache Junction")and the Town of Payson ("Payson")each are members of the Central Arizona Association of Governments ("CAAG");and WHEREAS,CAAG i s charged with the administration and distribution of funds obtained through the Arizona Department of Commerce for Community Development Block Grants;and WHEREAS,each year both Apache Junction and Payson are eligible for participation in the funding and distribution process;and WHEREAS,Apache Junction and Payson in June 1998,entered into a partnership agreement to benefit from the joint fiscal sharing arrangements;and WHEREAS,Apache Junction believes that i t is in the best interest to continue to partner with Payson,which would allow each community to work on larger projects which cannot be considered under normal funding circumstances;and WHEREAS,CAAG has authorized a procedure for alternating fund years. NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,as follows: SECTION I :Apache Junction hereby approves the intergovernmental agreement with Payson to establish a partnering agreement for application for Community Development Block Grants,as set forth in Attachment I. SECTION II:The Mayor is authorized to execute the Intergovernmental Agreement as set forth in Attachment I. RESOLUTION NO.04-22 PAGE 1 OF 2 SECTION III:City staff is authorized to take any and all steps necessary to effectuate the purpose and intent of the partnering agreement referenced herein. APPROVED AND ADOPTED BY THE MAYOR. AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA., THIS 5TH DAY OF OCTOBER ,2004. SIGNED AND ATTESTED TO THIS 5TH ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: 4 = 6 C1 ' 2 7 0 14 R.JOEL STERN City Attorney RESOLUTION NO.04-22 PAGE 2 OF 2 DAY OF OCTOBER ,2004. DOUGLAS cOLEMAN Mayor INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF APACHE JUNCTION TOWN OF PAYSON This Agreement is made and entered into this day of , 2004, by and between CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("Apache Junction") and TOWN OF PAYSON, ARIZONA, an Arizona municipal corporation ("Payson"). RECITALS WHEREAS,Payson and Apache Junction are members of the Central Arizona Association of Governments ("CAAG"); and WHEREAS, CAAG is charged with the administration and distribution of funds obtained through the Arizona Department of Commerce for Community Development Block Grants ("CDBG"); and WHEREAS,each year Payson and Apache Junction 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; and WHEREAS, Payson and Apache Junction believe that it is in the best interest of each community to partner with another participating community so that one community can make application in one fiscal year and the other in the next fiscal year, therefore each community will receive larger sums in the year of participation allowing each community to work on larger projects which cannot be considered under normal funding circumstances; and WHEREAS, CAAG has authorized a procedure for switching funding years in fiscal year 2004-2005; and WHEREAS, Payson and Apache Junction are empowered to enter into this Intergovernmental Agreement under the provisions of A.R.S. § 11-951,et seq. 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.CAAG Submittal:Pursuant to CAAG rules and regulations and the method of distribution established by CAAG Regional Council, Payson and Apache Junction will submit required documentation to CAAG, together with a copy of this IGA,which will inform CAAG that the parties to this IGA will partner for purposes of funding rounds for fiscal year 2004-2005.Payson and Apache Junction have each year submitted a letter of intent to CAAG indicating that it is the intent of the parties that Payson will request funding for projects for fiscal year 2004-2005.This will allow Apache Junction to receive double or increased funding and will allow Payson to receive double or increased funding. II.Term and Risk Acknowledgement:Payson and Apache Junction acknowledge that there is a possibility of changes in 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) year term of this IGA. Payson and Apache Junction further understand that the letter of intent filed in accordance with this IGA is valid for a period of two (2) years and there shall be no authority to withdraw or modify such letter of intent after February 1, 2005. III.Application Compliance:Payson and Apache Junction shall be fully and solely responsible for compliance with all rules and regulations applicable to the grant applications each may submit and for any funding received.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) years from the date first above stated. IV.Payment of Fees:Payson and Apache Junction shall be responsible for payment of any fees charged by CAAG for work performed by CAAG on behalf of that community during the term of this Agreement. V.Authority of Managers/Letter of Intent Deadlines:The Payson Town 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 Paragraph 1 prior to April 1, 2005, 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 Town of Payson Beth Beck, Grants Coordinator 303 North Beeline Highway Payson, Arizona 85541 City of Apache Junction Melinda Larson 1001 North Idaho Road Apache Junction, Arizona 85219 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the day and year first written above. ATTEST: Kathleen Connelly City Clerk CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation TOWN OF PAYSON, an Arizona municipal corporation By:Barbara Brewer Its:Mayor 3 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. 929.04 Richard J. Stern, Apache Junction City Attorney Date A Z A / amuei ou-eicnman; rayson I own #4uorney • • • • • • • • • • •. •••••• • • • • • • • • • • • • . • . ' . 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