HomeMy WebLinkAboutRES 21-23 RESOLUTION NO. 21-23
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, 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 and
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, 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 RESOLVED BY THE MAYOR AND CITY COUNCIL
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.
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.
RESOLUTION NO. 21-23
PAGE 1 OF 2
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCTL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS _,Q( DAY OF JUNE, 2021 .
SIGNED AND ATTESTED TO THIS DAY OF JUNE, 2021 .
Mayor
ATTEST:
J KIF R KNA
C K, Cl ce,r k
APPROVED AS TO FORM:
RICHAR , J. STE
City Attorney
RESOLUTION NO. 21-23
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 2021, by
and between CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation
C'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 ("CDBGI,).
Q 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 ffinding circumstances.
E) CAG has authorized a procedure for switching funding years in fiscal years 2021 and
2022.
F) The Parties are empowered to enter into this intergovernmental agreement("IGA")
under the provisions of A.R.S. § 11-95 1, 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 2021 and 2022. 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 2021 and
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Gila County will request funding for projects for fiscal year 2022.This will allow Apache
Junction to receive double or increased funding for fiscal year 2021 and will allow Gila
County to receive double or increased funding for fiscal year 2022.
11. Tenn and Risk Acknowledgement: The Parties 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) 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 August 1,2021.
111. 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. Authority 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 I above prior to September 1, 2021, 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.
VIL Notices: Notices shall be mailed to the Parties as follows:
City of Apache Junction
Misty Moseley-Helber, Grants Administrator
300 E. Superstition Blvd.
Apache Junction,Arizona 85119
Gila County
Malissa A. Buzan,Community Services Director
1400 E. Ash Street
Globe, Arizona 85501
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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:
Jennifer Pena
City Clerk
GILA COUNTY, an Arizona county
By: Tim R. Humphrey
Its: Chairman of the Board of Supervisors
ATTEST:
Marian Sheppard
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 Stem,Apache Junction City Attorney Date
Bradley D. Beauchamp, Gila County Attorney Date
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