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HomeMy WebLinkAboutResolution 2002-098 IGA with pima county for cosntruction works!MARANA RESOLUTION NO. 2002-98 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, RECOMMENDING THE APPROVAL OF AN INTERGOVERNMENTAL AGREEMENT WITH PI/VIA COUNTY FOR THE PURPOSE OF CONTINUING THE MARANA CONSTRUCTION WORKS! PROGRAM. WHEREAS, pursuant to A.R.S. § 9-471, the Town Council of the Town of Marana is empowered to enter into an IGA with Pima County in support of the affordable housing program referred to as Marana Construction Works!; and WHEREAS, this IGA will be in effect until it terminates on the thirtieth day of June, 2003; and WHEREAS, this IGA is a cost reimbursement agreement, whereby Marana shall be paid for services requested by Pima County in accordance with a schedule attached to the accompanying agreement; and WHEREAS, this IGA specifies that all of the student training expenditures associated with the Marana Construction Works! program during the period this IGA is in effect will be borne by Pima County. NOW, THEREFORE, BE IT RESOLVED bythe Mayor and Council of the Town of Marana, Arizona, that the Town gives its approval of this intergovernmental agreement between the Town and Pima County. BE IT FURTHER RESOLVED that Town staff is hereby directed to take all steps necessary and proper to give effect to this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 3rd day of September, 2002. ATTEST: Jocelyn C. Entz Town Clerk ~ayor Page~. of 1 Marana, Arizona Resolution No. 2002-98 APPROVED AS TO FORM: As Town Attorney and not personally Page 2. of 1 Marana, Arizona Resolution No. 2002-98 d' F. ANN ROrrTGUEZ, RECORDER RECORDED. CML DEPUTY RECORDER 1.951 AS1 DOCKET: 11905 PAGE: 1513 NO. OF PAGES: 12 SEQUENCE: 20021990391 10/15/2002 RES 14:27 P0230 PIMA CO CLERK OF THE BOARD PICKUP PICKUP AMOUNT PAID $ 0.00 ADOPTED BY THE PIMA COUNTY BOARD OF SUPERVISORS RESOLUTION NO. 2002- 259 RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARAN A AND PIMA COUNTY FOR THE CONSTRUCTION WORKS! PROJECT FOR YOUTH FROM AUGUST 1,2002 THROUGH JUNE 30,2003 WITH PAYMENT NOT TO EXCEED $77,000.00 WHEREAS, County desires to pay the Town of Marana for work skills activities for youth at the Town of Marana's Construction Works! site and the County is willing to provide funding for such activities for the period from August 1, 2002 through June 30, 2003; and WHEREAS, County has up $77,000.00 available to reimburse to the Town of Marana for work skills for youth at the Town of Marana's Construction Works! ; NOW, THEREFORE, BE IT RESOLVED THAT the Pima County Board of Supervisors approves an Intergovernmental Agreement between the Town of Marana and Pima County for the Construction Works! Project to provide work skills for youth in Marana from August 1,2002 through June 30, 2003, with payment not to exceed $77,000.00; BE IT FURTHER RESOLVED THAT the Chair of the Board is authorized to sign the agreement and any documents necessary to its execution. PASSED AND ADOPTED ON 8th of October, 2002 BOARD OF SUPERVISORS: -~~ Chair, Board/~J Supervisors oct 08 2002 ATTEST: . '?J!~~ '{.,"."i. ~ Lori Godoshian, CLerk of the Board ocr 1.:0810&' . APPROVED AS TO FORM: ~.tMJ . !C Deputy County Attorney - ~ \) 1..1.\ ')- 02 ~~ MA~'" CERTIFIED ~ ~~ ~/ 1 '\.. Or!nal Co! V Adopted by Council &iE./)'JAEJI{ ~(/) d ~: L1 Resolution' ;)~(/;:J. -c"g f k~~ @'1/aV&o> rk Date MARANA RESOLUTION NO. 2002-98 ~ . A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, RECOMMENDING THE APPROVAL OF AN INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY FOR THE PURPOSE OF CONTINUING THE MARANA CONSTRUCTION WORKS! PROGRAM. WHEREAS, pursuant to A.R.S. S 9-471, the Town Council ofthe Town of Maran a is empowered to enter into an IGA with Pima County in support of the affordable housing program referred to as Marana ConstructionWorks!; and WHEREAS, this IGA will be in effect until it terminates on the thirtieth day of June, 2003; and WHEREAS, this IGA is a cost reimbursement agreement, whereby Marana shall be paid for services requested by Pima County in accordance with a schedule attached to the accompanying agreement; and . WHEREAS, this IGA specifies that all of the student training expenditures associated with the Marana . C Construction Works! program during the period this IGA is in effect will be borne by Pima County. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town ofMarana, luizona, that the Town gives its approval of this intergovernmental agreement between the Town and Pima County. BE IT FlJRTHER RESOLVED that Town staff is hereby directed to take all steps necessary and proper to give effect to this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Maran a, Arizona, this 3 rd day of September, 2002. ~ o , Jr., Mayor If ... ATTEST: ~,LJMc& F Jocelyn C. Entz Town Clerk ~,t"4F5itt".~ &\..t.~ilu':llt~ ~~ , OF 141 ~ !$ .~~ ~\"m"JI'I:~~ ~ ~# ~\.~~ ::: p$ CORPORATE \ y:: &s, r- :: . c::x::x:> ::. _ -- - - - - ::SEAL:::: - fl'i!" ~. ~J ;:: ~ ~ ~ ~;: ~, .L!~'IJI:IIl'\\~ ~ 4'~.7;:YIZ ,\gl'~ ~/!4.6Agn~\\~ i ... 9 o C ...: 1 5 ! .: .:':: .. Marana. .Auizona Resolution No. 2002-98 PaO'er! of 1 I:> .. ( APPROVED AS TO FORM: ( Daniel J. Hochuli As Town Attorney and not personally Marana, .Auizona Resolution )1;0. 2002-98 " ! 1 '-:J ~ C -' 1 .- ::J: 1 r- ::J: Page:? of 1 ~..~ MARANA ~/j, . INTERGOYERN M ENTAL AGREEMENT BETWEEN THE TOWN OF MARANA AND PIMA COUNTY FOR THE PURPOSE OF CONTINUING THE MARANA CONSTRUCTION WORKS! PROGRAM 1 1 a J o 5 1 5 3- ..... u ORIGINAL 1 OF 3 F [ i I f I I , INTERGOVERNMENTAL AGREEMENT BETWEEN TOWN OF MARAN A AND PIMA COUNTY Project Name: Construction Works! City: Town of Marana Purpose: Provide Work Skills for Youth Funding: General Fund and HOME Agreement Term: 8/01/02 to 6/30/03 Agreement Amount: $77,000.00 INTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") entered into this first day of August, 2002, by and between the Town of Marana, a municipal corporation, ("Marana"), and Pima County, a political subdivision of the State of Arizona, ("County"), for the purpose of entering into a cooperative effort for the provision of work skills for youth funded through the Marana; WHEREAS, in accordance with A.R.S. Sec. 11-951 et seg., A.R.S. Sec. 11- 254.04, and the Workforce Investment Act of 1998, P.L. 105-220, 29 U.S.C. 2841 et seg., the County is authorized to enter into intergovernmental agreements for the provision of work skills programs for youth; WHEREAS County and Marana desire to provide work projects for youth in Pima County; IT IS THEREFORE MUTUAllY AGREED AS FOllOWS: 1 ARTICLE I . PURPOSE i .i. The purpose of this Agreement is to set forth the responsibilities of the parties for Construction Works! project providing youth work a ctivities in Marana and funded through County. n J! n ~ 5 1 r- ::;) ARTICLE 11- TERM/EXTENSION This Intergovernmental Agreement shall be effective on the first of August 2002. Except as otherwise provided in this Agreement, this Agreement shall terminate on the thirtieth day of June 2003. This Agreement, upon mutual consent of the parties may be extended for a period of time not to exceed 12 months. Any ... !""'! F Pima County Community Services Page 1 of 7 marana constructionwks 2 . , ," modification or time extension of this Agreement shall be by formal written amendment and executed by the parties hereto. ARTICLE III -FINANCING. A This is a cost reimbursement Agreement. Marana shall be paid for services requested by the County in accordance to the schedule in Attachment A. B Request for payment for services under this Agreement shall be submitted to County by Marana on certified invoices signed by an authorized representative of the County. C Payment from County to Marana for this term shall not exceed $77,000.00 ARTICLE IV - SCOPE OF WORK/SERVICES Goal of this agreement is to provide youth work activities in the new construction and/or rehabilitation of homes in Marana. 1. Obligations of Marana i. Purchase and prepare two building sites for construction of two single-family homes for loyv-income homebuyers with funds from Marana. - ii. Contract for and/or coordinate construction of these two homes. Hi. Use proceeds from the sale of HOME Program-funded projects to purchase materials and pay for project coordination. iv. Contract with a qualified training agency to provide an on-site construction skills training program for up to 20 participants that: a. Offers hands-on experience in construction activities such as framing, finish work, and cabinet installation for each team of seven participants on alternating weeks b. Emphasizes, wherever possible, applications of academic principles in the construction trades c. Provides qualified on-site supervision, training supplies, and other. costs for the construction-skills training component d. Provide liability and student accident insurance coverage for all participants throughout each week that they are in the construction-skills training component v. Monitor worksites to ensure compliance with all applicable State, Federal, OSHA and child labor laws. vi. Provide access to the construction site for youth trainees enrolled in a construction training program provided by Pima County. The youth will participate in construction activities such as framing, finish work, and cabinet installation for the new homes. 1 1 :;. :J n ~ .... == 1 ::, i ... 8 Pima County Community Services Page 2 of 7 marana constructionwks 2 [ I . I .. ., vii. Coordinate with Pima County Community Services staff and training agency to synchronize activities. viii. Ensure that homes constructed through this project meet all applicable local building codes and requirer1lents. ix. Market and arrange for the sale of completed homes to eligible and qualified homebuyers who meet the requirements of the federal HOME program. Provide homebuyer training and pre-purchase housing counseling program for buyers. x. Provide construction budget to Pima County prior to initiation of construction activities. xi. Maintain accurate records on expenditures and sale of the homes and provide timely reports to. Pima County on expenditures and sale. xii. Comply with the HOME program provisions found at 24 CFR Part 92 including: 92.250 - Maximum per-unit subsidy amount and subsidy layering 92.251 - Property Standards 92.254 - Qualification as affordable housing: homeownership 92.257 - Religious Organizations- xiii. Ensure that each household assisted through this program executes a promissory note and deed of trust that is consistent with Pima County and HUD guidelines. 2. Obligations of the County i. Reimburse Marana for training expenditures in accordance with the program budget in Attachment A of this Agreement for a construction training project for youth recommended for selection by Marana School District. II. Assign case management staff to coordinate with Town of Marana staff and contractor and Marana Unified School District staff to synchronize activities, align participant tracking, _ensure that participants receive school credit for their work time on the construction site, and evaluate and report overall project outcomes. iii. Pay stipends and/or incentive payments to youth trainees based upon training and education hours completed. iv. Provide job-skills assessments, case management services, employability-skills trai1!ing, job placement assistance, and follow-up training opportunities for all enrollees. v. Perform state-required background and fingerprint checks on all County staff who work with youth. vi. Track and share information with Marana Unified School District on enrollees' a. Attendance in the training component b. Performance in the training component c. Behavioral and other issues which might be relevant to their performance in the training component 1 i .5. o J (1 ..... . 1 5 i .5. q ... Pima County Community Services Page 3 of 7 marana constructionwks 2 ., ARTICLE V - OTHER DOCUMENTS The "PIMA COUNTY COMMUNITY SERVICES DEPARTMENT STANDARD PROVISIONS (February 14, 2002 Edition)," hereinafter referred to as the "Standard Provisions" is incorporated by reference as if set forth in full here. Performance by the Parties under this Contract shall be in accordance with the Standard Provisions. As evidenced by the signature of Contractor's authorized representative in the space provided after this paragraph, Contractor hereby acknowledges the following: A. Contractor has received a copy of the Standard Provisions. B. Contractor is familiar with the contents of the Standard Provisions. C. Contractor ag"rees to abide by the provisions of the Standard Provisions and to treat them as if set forth in full here, except: Section 40. INSURANCE Delete the entirety of this provision and substitute the following: Marana is self insured under the State of Arizona Self Insurance Program. All minimum levels of-insurance are met. Contractor's acknowledgment: /:J1A.AIl-- r \:.2:(:);:';'~i..,"",-u,<, .--- -->>.," , ARTICLE VI- SPECIAL PROVISIONS AND CERTIFICATIONS As evidenced by the signature qf Contractor's authorized representative in the space provided after this paragraph, Contractor certifies that, in carrying out its obligations pursuant to this Contract, it shall comply with applicable laws, regulations, requirements and special provisions as follow: Applicable regulations 29 CFR Part 97, Uniform Administrative Requirements for State/local Governments and Indian Tribes 1 1 == J o C -:: 1 Pima County Community Services Page 4 of 7 marana constructionwks 2 ARTICLE VII - TERMINATION A. Termination for Convenience: County reserves the right to terminate this Contract at any time and without cause by serving upon Contractor 30 days advance written notice of such intent to terminate, except that if the grant funding under which this Contract is made, is terminated or the amount of the grant reduced, the County, shpll there upon have the right to terminate or reduce the contract dollar amount of this Contract by giving the contractor 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 Contractor shall be payment for services rendered prior to the date of termination. B. Insufficient Funds: Notwithstanding any other provision in this Contract, this Contrad may be terminated if for any reason, there is not sufficient a ppropriated a nd a vailable monies for the purpose of maintaining County or other public entity obligations under this Contract. In the event of such termination, County shall have no , I x (~ x x .~ ::~ .;_.,.'."~C-C._ ,~;~-:~"c.::,;, x Pima County Community Services ai, and 29 CFR Part 37 Fair Labor Standards Act, and regulations adopted pursuant to that Act Contractor certifies that no funds provided pursuant to this Contract shall be used for any partisan or non-partisan political activity or to further the election or defeat of any candidate for public office. No funds provided pursuant to this Contract shall be used to transport voters or prospective voters to and from the polls or render similar assistance in connection with any such election or any voter registration activit . 29 CFR Part 98, Debarment and Suspension; Drug Free Workplace Contractor certifies that neither it nor its principals are presently debarred, suspended, proposed for Debarment, declared ineligible, or voluntarily excluded from participation in this transaction b an Federal de artment or a enc . 29 CFR Part 93 Lobbying Certification Contractor certifies that no federal funds have been paid or will be paid, by or on behalf of the contractor to any person or employee of an agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or coo erative a reement. ' .. 1. 1 9 or-:; ~ r- :::::; ;; ! 5 ? 1 Page 5 of 7 marana constructionwks 2 further obligation to Contractor, other than for serVices rendered prior to termination. C. Suspension For Cause: County may suspend operations and payments under this Contract 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 Contract. D. Administrative Suspension: County may temporarily suspend operations and payments und.er this Contract immediately at any time if the Board of Supervisors or Administration determines that it is in the county's best interest to suspend this contract. I n the event 0 f such suspension, Contractor shall assist County by providing information and documents to evaluate the status of the contract and whether it should be continued. ARTICLE VIII - 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 IX - WORKER'S COMPENSATION Each party shall comply with the notice of AR.S. S 23-1022(E). For purposes of A.R.S. 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 X - 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. i 1 ARTICLE XI - ENTIRE AGREEMENT This Agreement, including the documents identified in Article V and VI and all applicable laws and regulations, constitutes the entire agreement between the parties pertaining to the subject matter hereof, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. This Agreement shall not be modified, amended, altered or extended except through a written amendment signed by the parties and recorded with the Pima County Recorder or Arizona Secretary of State as appropriate. 9 [) :- :::1 1 ~ ? ........ ;,c Pima County Community Services Page 6 of 7 marana constructionwks 2 ,1., 4- . ., IN WITNESS WHEREOF, we have hereunto set our hands the day and year first written above. PIMA COUNTY: ~~~~ Chair, Board of Supervisors OCT 0 8 2002 C er,K(j,f'.the.6qard. ";.Jr .':1 3'< ,.v',,:, l' ,'i""';' .MT' . 0 8 20n') ;~.;?~4r'.~' <.J" i ~~J':.l;t;.-.J.-<{(T-U\J;;li' \X. ~)tr . .<~Sl~~f.;.;j~'lfii'i',{i', APPRo.YF'9,~;S~.o' CONTENT: ?7"I':))".' ".:'.? , , ., <'~-':" ~.:,' ~ . P' County Community Services Department TOWN OF MARAN A: ,t.~ J (2J ATTEST COUNTERSIGNED: ~. ~ ~~ :: {21 CORPORATE ~ = e. 000 ~ -~ - -SEAL- - ...-- ~ S - ~ ~ ~!'IIt ~ ~ ~;: ~ -1' ~"IIIIIl"\~ ~ ~z. 1'1' ~'\~ 'J4- A U1~ -.:i- Town of Marana Pursuant to AR.S. Sec. 11-9520, the attorneys for the parties have determined that the foregoing Agreement is in proper form and is within the powers a nd authority granted under the laws of this State to the parties. 'P.~ Deputy County Attorney 111{O'L, , Data Pima County Community Services q ~ Z -0 2,.... Date Page 7 of 7 marana constructionwks 2 G.~ 1 1 o -'" g 5 1 5 ~ L 3 '2 Z ,t(- 07.. i . Attachment A Budget: Construction Works! Town Of Marana A t 1 2002 J 30 2003 UQus , to une , HOME General Fund Construction Cost 40,000 0 Salaries 1,500 Fringe 4,200 Insurance 3,300 Supplies 6,400 Equipment 2,100 Staff Travel 500 Administration 5,500 Total 40,000 37,000 Budget total 77 ,000 1 ;! ! 0; J 9 5 1 ~ ? ... .:':