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HomeMy WebLinkAboutResolution 96-040 IGA with pima county for plans reviewMARANA RESOLUTION NO. 96-40 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGRI~EMENT BETWEEN THE TOWN OF MARANA AND PIMA COUNTY FOR EXCHANGE OF SERVICES FOR PLANS REVIEW AND INSPECTIONS. WHEREAS, the Town of Marana has determined that it is in the best interests of the citizens of the Town of Marana to have Marana and Pima County exchange services for plans review and inspections; and WHEREAS, Pima County and the Town of Marana desire to enter into an intergovernmental agreement whereby the County and Town may exchange services for plans review and inspections, in order to allow coverage of short-term personnel needs in the event of disparate workloads and/or overload situations. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Town enter into the intergovernmental agreement attached hereto as Exhibit A between the Town of Marana and Pima County providing for the exchange of services for plans review and inspections. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 7th day of May, 1996. Daniel J'. Hochuli Town Attorney M,~,~, ~.o~, R~o~ution so. 9s-4o Page 1 of 1 Intergovernmental Agreement between the County of Pima and the Town of Marana for Exchange of Services for Plans Review and Inspections Thislntergo~rnmentalAgreeraent is entered into this day of ,1996, pursuant to A.R.S. § 11-952, by and between Pima County, a body politic and corporate, a political subdivision of the State of Arizona (the "County") and the Town of Marana, Arizona, a municipal corporation (the "Town")for the provision of exchange of services for plans review and inspections. Recitals The County and the Town desire to jointly exercise their powers pursuant to the provisions of A.K.S. {} 11-951 etseq.; In the interest of economy and efficiency, the County and the Town desire to enter into a cooperative agreement whereby each party, as the need therefore arises, may fi.om time to time utilize the services of certain Development Services Center and Building Codes personnel employed by the other party. C. The Mayor and Council of the Town did on the __ day of ,1996, authorize the Mayor to execute this Agreement by Resolution No. ; and D. TheBoard ofSupen4sors ofthe County did onthe day of ,1996, authorize the Chairman to execute this Agreement by Resolution No. NOW, THEREFORE, in consideration of the covenants and conditions contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, County and Town do mutually agree as follows: 1. Purpose The purpose of this Intergovernmental Agreement is to establish and implement a procedure whereby either Town or County departments charged with enforcement of building codes, during periods of disparate workloads, may utilize the services of qualified inspectors, plans examiners and other specialized personnel employed by the other. Effective Date; Term 2.1 Effective Date. This Intergovernmental Agreement shall become effective upon adoption of this Agreement by all parties and recording the original executed Agreement in the office of the Pima County Recorder. 2.2 Term. This Intergovernmental Agreement shall continue in full force and effect until June 30, 2006 or until sooner terminated pursuant to this Agreement. Development and Building Code Services 3.1 Status of Borrowed Employees. Although borrowed employees shall be under the direction and control of the borrowing party as to work performed, no borrowed employee shall, under any circumstances, be considered or be an employee of the borrowing party. Employees of the Town borrowed by the County shall retain their status as Town employees and remain on the Town payroll. Employees of the County borrowed by the Town shall retain their status as County employees and remain on the County payroll. All such borrowed employees shall accumulate vacation and sick leave days and be credited with the time towards retirement according to established personnel and civil service policies of their respective employers, and shall remain covered by their respective employer's applicable workmen's compensation, general and automobile liability, professional liability, medical, dental, and unemployment insurance policies and programs. 3.2 Procedure 3.2.1 Each time the department heads of the respective parties agree that an employee may be borrowed, the department heads shall execute a Request for Services form, a sample of which is attached hereto as "Exhibit A', setting forth the borrowed employee's position classification. The availability of such borrowed employee shall be at the sole discretion of the department head of the lending party. A copy of each such form shall be forwarded to the accounting divisions of the Town and the County to be used as backup for audit purposes. 3.2.2 Requests for individual employees may be for varying periods, depending upon the needs of the borrowing party and the availability of the lending party's employee. However, no such request shall extend beyond the last day of a fiscal year of either party. 3.2.3 All requests for individual employees may be terminated: (I) at any time, with mutual written consent of the affected Town or County departments h~d~; or (2) for convenience, with or without cause, upon either department head giving five days written notice; or (3) in the case of unsatisfactory performance by the borrowed employee, immediately upon written notice by the borrowing department head. 3.2.4 Required periodic evaluations of borrowed employees shall be performed by the employee's own department head, who may request fi.om the borrowing department head comments on the quality of work performed by the employees for the borrowing party. Any disciplinary problems shall be immediately referred to the borrowed employee's department head. 3.2.5 The lending department head of either the Town or the County may in their sole discretion require compensation for the lending of an employee to the other. The department heads of the Town and the County shall: (I) agree to and establish benchmark hourly rates for borrowed employees based upon current hourly pay rates and fringe benefits; and/or (2) establish a percentage of plan check and/or building permit fees collected by the borrowing party as the basis for compensation. The department head of the lending party shall indicate on the request for services form whether compensation is required and the method by which compensation is calculated. Upon written request by the department head of either party, the other shall furnish an acceptable quarterly accounting setting fourth: (I) the hours of work requested and/or worked; (2) compensation paid; and (3) any other matter contained within the request consistent with acceptable accounting practices. 4. Status of County; Officers and Employees 4.1 Status. It is not intended by this Intergovernmental Agreement to, and nothing contained in this Intergovernmental Agreement shall be construed to, create any parmership, joint venture or employment relationship between the parties or create any employer-employee relationship between Town and any County employee, or between County and any Town employee. Neither party shall be liable for any debts, accounts, obligations or other liabilities whatsoever of the other, including (without limitation) the other party's obligation to withhold Social Security and income taxes for any of its employees. 5. Insurance Requirements The parties hereto agree to secure and maintain insurance coverage for any and all risks which may arise out of the term, obligation, operations, and actions provided in this Agreement, including but not limited to public entity insurance. This insurance may be fidfilled by the acquisition of insurance or the maintenance and operation of a self insurance program. Insurance maintained by the parties to this Agreement must contain provisions whereby the other party to this Agreement is provided proof of insurance/self insurance. 6. Hold harmless; Indemnification 6.1 By Town. Town shall to the extent permitted by Arizona law indemnify, defend and hold harmless Pima County, its officers, departments, employees and agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands or damages of any kind or nature which are attributed to any law, ordinance, regulation or policy of Town or to any act or omission of Town, its Page 3 of 6 r>~t ~il 2~. ~ agents, employees, or anyone acting under its direction, control or on its behalg whether intentional or negligent, in connection with or incident to this Intergovernmental Agreement. 6.2 By County. County shall to the extent permitted by Arizona law indemnify, defend and hold harmless Town, its officers, departments, employees and agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands or damages of any kind or nature which are attributed to any law, ordinance, regulation or policy of County or to any act or omission of County, its agents, employees, or anyone acting under its direction, control or on its behalf, whether intentional or negligent, in connection with or incident to this Intergovernmental Agreement. 7. Suspension or Discontirrucmce of Services; Termination 7.1 Terminmionatwill. This Intergovernmental Agreement may be terminated by either party at will by giving 90 days prior written notice of termination to the other party. Such termination shall not relieve either party from those liabilities or costs already incurred under this Intergovernmental Agreement. 7.2 Funding sources; Budget; Non-appropriation. This Intergovernmental Agreement and ali obligations upon County or Town arising therefrom shall be subject to any limitation imposed by budget law. The parties represent that they have within their respective budgets sufficient funds to discharge the obligations and duties assumed under this Agreement. I/for any reason the Pima County Board of Supervisors or the Marana Town Council do not appropriate sufficient monies for the purpose of maintaining this Intergovernmental Agreement, this Agreement shall be deemed to terminate by operation of law on the date of expiration of funding. In the event of such cancellation, County and Town shall have no further obligation to the other party other than for payment for services rendered prior to cancellation. 7.3 Conflict. This Agreement is subject to the provisions ofA.R.S. § 38-511. 8. Miscellaneous 8.1 LegcdJurisddcaon. Nothing in this Intergovernmental Agreement shall be constmed as either limiting or extending the legal jurisdiction of either County or Town. 8.2 Court action by third persons. I/this Intergoverm-nental Agreement is determined, in whole or in part, to be void by court action brought by third persons, there shall be no liability on the part of County or Town to the other by reason of such action or by reason of this Intergovernmental Agreement. 8.3 Beneficiaries. Nothing in this Intergovernmental Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Intergovernmental Agreement on any person other than the parties to it and their respective successors and permitted assigns, M~ma IGA: Plan~ R~vi~nv amllmp~tlo~a Page 4 of 6 8.4 8.5 8.6 8.7 8.8 8.9 8.10 Timeliness. Each of the parties, through their respective counsel, officers and employees, agree to take such actions as may be necessa,-y to carry out the terms of this Intergovernmental Agreement, and to cause such documents as may be necessa~ to be executed with reasonable promptness. Compliance with laws. Each patay to tkis Intergovernmental Agreement shall comply with all applicable federal and state statutes and regulations. Each party shall comply with all applicable legal requirements relating to civil fights and non-discrimination in employment, including the Immigration Reform and Control Act of 1986 and the Americans with Disabilities Act. Noas~ignment. Any assignment or attempted assignment of this Intergovernmental Agreement by either party without the written consent of the other party shall be void. Notices. Any and all notices, requests or demands made upon the parties hereto, pursuant to or in connection with this Agreement, unless otherwise noted, shall be delivered in person or sent by United States Mail, postage prepaid, to the parties at their respective addresses as agreed by both parties. Integrcttion;Moc~ficat~on. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and correctly sets forth the rights, duties and obligations of each to the other as of its date. All prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. The provisions hereof may be abrogated, modified, rescinded or amended in whole or in part only by written instrument executed by the parties and recorded with the Pima County Recorder. Non-waiver. The failure of either party to insist, in any one or more instances, upon the full and complete performance of any of the terms and provisions of this Intergovernmental Agreement to be performed on the part of the other, or to take any action permitted as a result thereof, shall not be construed as a waiver or relinquishment of the right to insist upon full and complete performance of the same, or any other covenant or condition, either in full or in part or in the future. The acceptance by either party of sums less than may be due and owing it at any time shall not be construed as an accord and satisfaction. SeveraYoiliO~. In the event that any provision, or any portion of any provision, of this Intergovernmental Agreement, or the application thereof, is held invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall have no effect on the remaining portion of any provision or any other provision, or their application, which can be given effect without the invalid provision or application and to this end the provisions of this Intergovernmental Agreement shall be deemed to be severable. Page 5 of 6 ~A~i~26, tm fnw#ne.~hereof, County has caused this Intergovernmental Agreement to be executed by the Chairman of its Board of Supervisors upon resolution of the Board and attested to by the Clerk of the Board and Town has caused this Intergovernmental Agreement to be executed by the Mayor upon resolution of the Mayor and Council and attested to by its Clerk. ATTEST: TOWN OF MARANA Ed Honea Mayor ATTEST: COUNTY OF PIMA Jane Williams Clerk of the Board Paul Marsh Chairman, Board of Supervisors INTERGOVERNMENTAL A G R ~ FMENT D E TF. RMINA TI O N The foregoing Intergovernmental Agreement between Pima County and the Town of Marana has been reviewed pursuant to A.R.S. § 11-952 by the undersigned, who have determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to those parties to the Intergovernmental Agreement represented by the undersigned. COUNTY OF PIMA Deputy County Attorney ~-- Daniel 3. Hochuli Attorney for Town MARANA Town of Marana 13555 N. Sanders Road Maxana, AZ 85653 Development Services Pima County 201 N. Stone Ave. Tucson, AZ 85701 Requestor Employees Requested Request for Services [] Town of Marana [] Plans Examiner [] Pima County [] Sr. Plans Examiner [] hspeetor Number Requested Dates Requested From 19 To 19 R~u~edby Building Offic/al [] Town of Marana [] Pima County Statement by Furnishing Department Fmployees Furnished [] Plans Examiner [] Sr. Plans Examiner [] Inspector N,,mber Furlfished Dates Worked From 19 To 19 Hourly Rate $ Hours Total Charges $ Furnished by Building Official ['-~' Town of Mamna [] Pima Count7