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HomeMy WebLinkAboutRES 23-17 RESOLUTION NO. 23-17 A RESOLUTION OF THE MAYOR AND CITY COUNCIL CAE THE CITY OF APAC E JUNCTION, ARIZONA, AUTHORIZING THE CITY CAE APAC E JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH GILA COUNTY, 'ARIZONA FOR C DBG ALLOCATION, WHEREAS, City of Apache Junction and Oils County {the "Parties") are members of the Central" Arizona Governments "CAC" and WHEREAS, CACI is changed - with the administration and distribution of funds obtained through the Arizona Department of Housing for Community Development e Block Grants "CDDC7") ; and WHEREAS, each year the Parties are eligible for participation in the funding and distributionprocess; and WHEREAS, CAG has authorized d procedure for switching funding years; and WHEREAS, pursuant to A.R.S. § I`I-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 ent ,'IGA" which formalizes the arrangement NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION A IZONA, AS FOLLOWS: l) The mayor r rid city council approve the form of the ILIA for CDBG Allocation set: forth in Attachment ent A, and the ma.yor is hereby authorized to sign the IGA can behalf of the city. The city manager and/gar 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 wider the IGA RESOLUTION NO. 23-17 PACE 1 CE PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS /Y DAY OF JULY, 2023 SIGNED AND ATTESTED TO THIS ZIL DAY OF JULY, 2023. ya r WALTER "CHIP"' WILSON Mayor ATTEST: 4JE- PE A rk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 23-17 PAGE 2 OF 2 TOTS CIS ALLOCATION INTERGOVERNMENTAL AGREEMENT BETWEEN CITY APACHE JUNCTIONCOUNTY, FOR CDBG ALLOCATION THIS AGREEMENT is made and entered into this day of ,2023, b and between CITY OF AI AC E JUNCTION, ARIZONA,an Arizona municipal corporation "Apache.function")and GILA COUNTY,All NA,an Arizona county("Gila County") collectively the"Parties". RECITAL 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: )CAG is charged with the administration and distribution of funds obtained through the Arizona Department of Housing for Community Development Block Grants `°CL G"). :' Each year the Parties are eligible for participation to the funding and distribution process and the amount of funding available to each community depends upon the number of communities making application for CIS G allocations. )The Parties believe that it is in their best interest to partner with another participating CIS G 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 2023 and 2024. 1~)The Parties are empowered to enter into this intergovernmental agreement(" GA") under the provisions of A. :S. § 11-951,et s : 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: 1. 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 2023 and 2024. 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 Gila: County will request funding for projects for fiscal year 2023 and S Apache Junction will request funding for projects for fiscal year 2024.This will allow Gila County to receive double or increased funding for fiscal year 2023 and will allow Apache Junction to receive double or increased funding ter fiscal year 2024. If. Term and Disk 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 terra oft is IGA, The Parties further understand that the letter of intent filed in accordance with this IiA is valid for a period of two l2 fiscal years and there shall be no authority to withdraw or modify such letter of intent after August 1,2023. 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 finis shall not authorize relief from this IGA. This It3A shall have a term of two 2 fiscal gears from the date set forth above the Recitals. IV. Payment of Fees. The Parties shall be responsible for payment of any fees charged by CAC for work performed A on behalf of that respective community during the team of this Agreements V. Authoritv of ang ers/Letter of Intent Deadlines: The Gila County Manager and the Apache Junction City Manager are authorized to execute any and all documents required to carryout the intent of this I iA.Each Party shall provide to the other Party copies of the letter of intent required pursuant to Section I above pricer to September° 1, 2023, together with any and all other documentation or records required to carry out the provisions of this GA, VI. 'onfli s of Interests The provisions of A.R.S. § 38-511 relating to termination of agreements slue to conflicts of interest apply to this IAA. VIL Notices: Notices shall be mailed tote Parties as follows: City ofApache Junction MistyMoseley- elber,Grants Administrator 300 E, Superstition Blvd. Apache Junction,Arizona 8511 Gila County Kayle Lathrop, Community Services Director 1400 . Ash Street Globe, Arizona 85501 2 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly executed as of the clay and year first written above. CITY OF APA HE JUNCTION, ARIZONA, an Arizona municipal corporation y:palter"Chip"Wilson Its: Mayo ATTEST: Jennifer Pena City Clerk ;ILA COUNTY,an Arizona county y: Woody dine Its:Chairman of the Board of Supervisors ATTEST: Samantha Trimble Clerk of the Board of Supervisors Q SEL PP AL A TOFORM: I have read this Agreement and have determined such Agreement is in roper form and is entered into within the powers of and authority granted under the laws of the State ofArizona. I . Joel Stern,Apache Junction City Attorney Date Gila County Attorney"s Office Date