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HomeMy WebLinkAboutResolution 2004-167 IGA with pima county for construction works! programMARANA RESOLUTION NO. 2004-167 RELATING TO HOUSING; AUTHORIZING THE TOWN OF MARANA TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY RELATING TO THE MARANA CONSTRUCTION WORKS! PROGRAM. WHEREAS, Arizona Revised Statutes (A.R.S.) {} 11-952 grants the Town of Marana the authority to enter into intergovernmental agreements, and WHEREAS, Marana has participated in Housing and Urban Development's (HUD) program to construct single family homes for low to moderate income families known as HOME since 1992, and WHEREAS, Marana has retained proceeds from the sale of the homes developed with HOME funds and reinvesting the proceeds into the construction of new homes, and WHEREAS, Pursuant to said Agreement, the Town provides work skills for youth funded through the Pima County General Fund and HOME Program funds, and WHEREAS, the continuation of the HOME Program would greatly benefit the citizens of the Town of Marana and would be in the Town's best interest. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana that the Mayor is authorized to execute the Intergovernmental Agreement between the Town of Marana and Pima County for the continuation of Marana Construction Works Program. Marana Resolution No. 2004-167 Page I of 2 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 7th day of December, 2004. Mayor {lobby Sutton ATTEST: nson, Town Clerk APPROVED AS TO FORM: ,7:, /'~r!la/k'Ca~i~aY, Town Attorney// Marana Resolution No. 2004-167 Page 2 of 2 INTERGOVERNMENTAL AGREEMENT BETWEEN PIMA COUNTY AND TOWN OF MARANA Project Name: Construction Works! Project Contact: Town of Marana Lynn Ward 13251 N. Lon Adams Marana, AZ 85653 (520) 682-3401 Purpose: Provide Construction Skills Training for Participants attending Marana High School at Town of Marana's housing site Funding: Pima County General Funds Agreement Term: 9/01/04 to 6/30/05 Agreement Amount: $46,6OO.O0 INTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") entered into between Pima County ("County"), a political subdivision of the State of Arizona, and the Town of Marana ("Marana"), a municipal corporation, for the purpose of entering into a cooperative effort for the provision of construction skills training in a program known as Construction Works! Project at a Marana housing site for participants attending Marana High School funded through Pima County General Funds; and WHEREAS, in accordance with Arizona Revised Statutes (A.R.S.) §11-951 et seq., A.R.S. §11-254.04, and the Workforce Investment Act of 1998, (29 U.S.C. §2801 et seq.), the County is authorized to enter into intergovernmental agreements for the provision of work skills programs for such Participants; and WHEREAS, since 1992 Marana has participated in Housing and Urban Development's (HUD) program to construct single family homes for Iow income families known as HOME; and WHEREAS, Marana has retained proceeds from the sale of the homes developed with HOME funds and reinvesting the proceeds into the construction of new homes; WHEREAS, the Construction Works! Project is located at Marana's property purchased with reinvested funds; and Original I of 2 WHEREAS, all homes.built and sold must follow HUD standards. NOW, THEREFORE IT IS AGREED AS FOLLOWS: ARTICLE I - PURPOSE The purpose of this Agreement is to set forth the responsibilities of the parties for the Construction Works! Project that provides construction skills training activities for participants who attend Marana High School. ARTICLE I1- TERM/EXTENSION This Agreement shall commence on September 1,2004 and terminate on June 30, 2005, unless sooner terminated or further extended pursuant to the provisions of this Agreement, but shall not be effective until recorded with the Arizona Secretary of the State or Pima County Recorder, as is appropriate. This Agreement, upon mutual consent of the parties, may be extended for a period of time not to exceed 12 months. Any modification or time extension of this Agreement shall be by formal written amendment and executed by the parties. ARTICLE III - FINANCING. A. This is a cost reimbursement Agreement. Bo Requests for reimbursement for services under this Agreement shall be submitted to County by Marana on certified invoices signed by an authorized representative of Marana. C. Payment from County to Marana for the term of this Agreement shall not exceed $46,600.00. ARTICLE IV - SCOPE OF WORK/SERVICES A. Purpose The purpose of this Agreement is to outline the responsibilities for each party for the implementation of construction skills training activities for Marana High School students at home sites in Marana participating in the construction of new homes or rehabilitation of homes. B. Scope 1. Marana shall: a. Purchase and prepare building sites for construction of single-family homes for Iow-income homebuyers with funds from Marana. b. Contract for and coordinate construction of homes. c. Use proceeds from the sale of HOME Program-funded projects to purchase materials and pay for project coordination. d. Provide access to the construction site for participants enrolled in the construction training program. The participants will participate in construction activities such as framing, finish work, and cabinet installation for rehabilitation of homes and construction of new homes. e. Contract with a qualified training agency to provide an on-site construction skills training program for up to 40 participants that: i. Offers hands-on experience in construction activities such as framing, finish work, and cabinet installation for participant.s; ii. Emphasizes, wherever possible, applications of academic' principles in the construction trades; iii. Provides qualified on-site supervision, training supplies, and for other costs; iv. Provide liability and student accident insurance coverage for all participants while they are on the construction site; f. Monitor worksites to ensure compliance with all applicable State, Federal, OSHA and child labor laws; g. Coordinate with County's.staff and training agency to synchronize activities; h. Ensure that homes constructed through this project meet all applicable HUD requirements; i. Market and arrange for the sale of completed homes to eligible and qualified homebuyers who meet the requirements of the federal HOME program; j. Provide homebuyer training and pre-purchase housing counseling program for buyers; k. Provide construction budget to County prior to initiation of construction activities; I. Maintain accurate records on expenditures and sale of the homes and provide timely reports to County on expenditures and sale; m. Comply with the HOME program provisions found at 24 CFR Part 92 including: i. 92.250 - Maximum per-unit subsidy amount and subsidy layering; ii. 92.251 - Property Standards; iii. 92.254 - Qualification as affordable housing: homeownership; iv. 92.257 - Religious Organizations; and n. Ensure that each household assisted through this program executes a promissory note and deed of trust that is consistent with County and HUD guidelines. County shall: a. Reimburse Marana for expenditures for construction training project for participants recommended for selection by Marana; b. Contract with an agency qualified in case management and work experience who will: i. Assign case manager to coordinate with Marana staff, subcontractor, and Marana High School staff to synchronize activities, align participant tracking, evaluate and report overall project outcomes; ii. Administer incentive payments to participants based upon training hours completed; iii. Provide job-skills assessments, case management services, employability-skills training, job placement assistance, and follow-up training opportunities for all enrollees; iv. Perform state-required background and fingerprint checks on all staff who work with participant; and Mo Track and share information with Marana High School on the following participant information: a). Attendance in the training component; ' b). Performance in the training component; and c). Behavioral and other issues which might be relevant to their performance in the training component. ARTICLE V - TERMINATION A. Termination for Convenience: County reserves the right to terminate this Agreement at any time and without cause by serving upon Marana 30 days advance written notice of such intent to terminate, except that if the grant funding under which this Agreement is made, is terminated or the amount of the grant reduced, the County shall thereupon have the right to terminate or reduce the Agreement dollar amount of this Agreement by giving Marana written notice of such termination and specifying the date thereof at least fifteen days (15) days before the effective date of such termination. In the event of such termination, the County's only obligation to Marana shall be payment for services rendered prior to the date of termination. Bo Insufficient Funds: Notwithstanding any other provision in this Agreement, this Agreement may be terminated if for any reason there is not sufficient appropriated and available monies for the purpose of maintaining County or other public entity obligations under this Agreement. In the event of such termination, County shall have no further obligation to Marana, other than for services rendered prior to termination. Suspension for Cause: County may suspend operations and payments under this Agreement immediately for violation of contractual requirements, unsafe working conditions, violation of Federal or State law, or lack of reasonable progress in accomplishing objectives and schedules contained in this Agreement. Do Administrative Suspension: County may temporarily suspend operations and payments under this Agreement immediately at any time if the Board of Supervisors or County Administrator determines that it is in the County's best interest to suspend this Agreement. In the event of such suspension, Marana shall assist County by providing information and documents to evaluate the status of the Agreement and whether it should be continued. ARTICLE VI - DISPOSAL OF PROPERTY Upon the termination of this Agreement, all property involved shall revert back to the owner. Termination shall not relieve any party from liabilities or costs already incurred under this Agreement, nor affect any ownership of property pursuant to this Agreement. ARTICLE VII - IDEMNIFICATION To the fullest extent permitted by law, each party agrees to defend, indemnify, and hold harmless the other party and the other party's officers, agents, and employees from all claims, losses, and causes of actions arising out of, resulting from, or in any manner connected with this Agreement, but only to the extent such claim, loss, cause of action, damage or injury is caused or contributed to by the negligent acts or omissions of the indemnifying party. ARTICLE VIII - COMPLIANCE WITH LAWS Both parties shall comply with all federal, state and local laws, rules, regulationsl standards and Executive Orders, without limitation to those designated within this Agreement. The laws and regulations of the State of Arizona shall govern the rights of the parties, the performance of this Agreement and any disputes hereunder. Any action relating to this Agreement shall be brought in an Arizona court in Pima County. Any changes in the governing laws, rules and regulations during the terms of this Agreement shall apply but do not require an amendment. ARTICLE IX- NON-DISCRIMINATION Both parties shall not discriminate against any Marana or County employee, client or any other individual in any way because of that person's age, race, creed, color, religion, sex, disability or national origin in the course of carrying out duties pursuant to this Agreement. Both Parties shall comply with the provisions of Executive Order 75-5, as amended by Executive Order 99-4, which is incorporated into this Agreement by reference, as if set forth in full herein. ARTICLE X - ADA Both parties shall comply with all applicable provisions of the Americans with Disabilities Act (P.L. 101-336, 42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. ARTICLE Xl - SEVERABILITY If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the full extent permitted by law. ARTICLE Xll - CONFLICT OF INTEREST This Agreement is subject to cancellation for conflict of interest pursuant to A.R.S. §38- 511, the pertinent provisions of which are incorporated herein by reference. ARTICLE Xlll - WORKER'S COMPENSATION Each party shall comply with the notice of A.R.S. §23-1022(E). For purposes of A.R.S. §23-1022, each party shall be considered the primary employer of all personnel currently or hereafter employed by that party, irrespective of the operations of protocol in place, and said party shall have the sole responsibility for the payment of Worker's Compensation benefits or other fringe benefits of said employees. ARTICLE XlV - NO JOINT VENTURE It is not intended by this Agreement to, and nothing contained in this Agreement shall be construed to, create any partnership, joint venture or employment relationship between the parties or create any employer-employee relationship between County and any Marana employees, or between Marana and any County employees. Neither party shall be liable for any debts, accounts, obligations nor other liabilities whatsoever of the other, including (without limitation) the other party's obligation to withhold Social Security and income taxes for itself or any of its employees. ARTICLE XV -INSURANCE · · Both parties are self insured and all minimum levels of insurance are metl .%' ARTICLE XVl - NO THIRD PARTY BENEFICIARIES Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the legal liability of either party to the Agreement by imposing any standard of care different from the standard of care imposed by law. ARTICLE XVll - FINGERPRINTING Both parties shall comply with applicable provisions of A.R.S. §46-141, which are hereby incorporated as provisions of this Agreement to the extent such provisions are applicable due to statute, case law, County contract or other legal authority. THIS SPACE INTENTIONALLY LEFT BLANK ARTICLE XIX - ENTIRE AGREEMENT This document constit~(es the entire Agreement between the parties pertaining t.o.the subject matter hereof, and all prior or contemporaneous agreements and .-. understandings, oral or written, are hereby superseded and merged herein. This IGA shall not be modified, amended, altered or extended except through a written amendment signed by the parties and recorded with the P. ima County Recorder or Arizona Secretary of State as appropriate. PIMA COUNTY: TOWN OF MARANA: Chair, Board of Supervisors Date ATTEST: Clerk of the Board Date APPROVED AS TO CONTENT: Pima County Comm,u~ity Services Employment & Training Department Date/'¢/'¢~ Pursuant to A.R.S. §11-952D, the attorneys for the parties have determined that the foregoing Agreement is in proper form and is within the powers and authority granted under the laws of this State to the parties. Deputy (~ou nrt~tt~ Date T'oCn~ of ¢la'i~a-~a-Atto rn er/