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HomeMy WebLinkAboutResolution 2001-108 IGA with pima county for marana cosntruction works project 2001 RESOLUTION NO. 2001-108 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AUTHORIZING THE TOWN TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE COUNTY OF PIMA, ARIZONA, CREATING MARANA CONSTRUC'I'ION WORKS! PROJECT 2001. WHEREAS, Pima County and the Town of Marana desire to engage in construction-skills training and education for at-risk youth and build affordable housing for low- to moderate- income families; and WHEREAS, Pima County and the Town of Marana are public agencies under the provisions of the Arizona Revised Statutes, and each is authorized by law to enter into joint agreements and Pima County and the Town of Marana are individually authorized by law to engage in housing and community development agreements; and WHEREAS, Pima County and the Town of Marana do hereby find and determine that it is to the best interests of the residents of the unincorporated areas of Pima County and the Town of Marana that housing and community development activities be performed jointly; and WHEREAS, Pima County and the Town of Marana desire to provide integrated construction-skills training and education for at-risk youth; and WHEREAS, the Town of Marana previously authorized the formation of a HOME Investment Partnership Program in conjunction with Pima County on May 23, 1995, by Resolution No. 95-30. NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Mayor is authorized to execute the Intergovernmental Agreement with Pima County for the purpose of creating integrated construction-skills training and education for at-risk youth and affordable housing for low- to moderate- income families. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21st day of August, 2001. ATTEST: (/ Town Clerk APPROVED AS TO FORM: __ /Daniel J. Hochuli as Town Attorney And not personally CONTRACT NO. v/-39./lJ- /;ljttfl-tJltJ! I AMENDMENT NO. INTERGOVERNMENTAL AGREEM ~I' ~ lnLNGaA.ear on all MARANA CONSTRUCTION WO ~:=~;E~~rfCPnc~o t:i~d contract. This Intergovernmental Agreement ("Agreement") is en ere mto y and between Pima County, a body politic and corporate of the State of Arizona, hereinafter called COUNTY, and the Town Of Marana, a municipal corporation in the State of Arizona, hereinafter called MARANA WITNESSETH: WHEREAS, County has an interest in increasing the supply of affordable housing in rural areas and an interest in providing job training opportunities for youth in rural areas; and WHEREAS, pursuant to the provisions of A.R.S. 11-254 and 36-1403 and Town of Marana Resolution 2000-98, County is authorized to engage in such activities; and WHEREAS, it is the desire of both parties to provide integrated construction-skills training and education for at-risk youth and affordable housing for low-income families; and WHEREAS, County and Marana have successfully completed the construction and sale of six homes under the first three phases of the "Construction Works!" project and wish to continue with a fourth phase; and WHEREAS, pursuant to the provisions of A.R.S. 11-951 et. seq., the parties are authorized to enter into this agreement; NOW, THEREFORE, the parties agree as follows: ARTICLE I. PURPOSE The purpose of this Intergovernmental Agreement is to identify the roles and responsibilities of each partner in implementing the CONSTRUCTION WORKS! proj ect. ARTICLE II. TER.M The term of this Agreement shall be from July 1, 2001, through June 30, 2002, subject to annual renewal for one-year terms by appropriate action by the parties, provided it shall be effective upon recording with the Pima County Recorder following execution by all of the parties. ARTICLE III. OBLIGATIONS OF COUNTY County shall: 1 1. Reimburse Marana for expenditures not to exceed $37,000 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. 2. 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. 3. Pay stipends and/or incentive payments to youth trainees based upon training and education hours completed. 4. Provide job-skills assessments, case management services, employability-skills training, job placement assistance, and follow-up training opportunities for all enrollees. 5. Perform state-required background and fingerprint checks on all County staff who work with youth. 6. Track and share information with Marana Unified School District on enrollees' . attendance in the training component . performance in the training component . behavioral and other issues which might be relevant to their performance in the training component ARTICLE IV. OBLIGATIONS OF MARANA Marana shall: 1. Purchase and prepare two building sites for construction of two single-family homes for low-income homebuyers. 2. Contract for and/or coordinate construction of these two homes. 3. Use proceeds from the sale of HOME Program-funded projects to purchase materials and pay for project coordination. 4. Contract with a qualified training agency to provide an on-site construction skills training pro gram for each participant 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. shall provide liability and student accident insurance coverage for all participants throughout each week that they are in the construction-skills training component 5. Monitor worksites to ensure compliance with all applicable State, Federal, OSHA and child labor laws. 6. 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. 2 7. Coordinate with Pima County Community Services staff and training agency to synchronize activities. 8. Ensure that homes constructed through this project meet all applicable local building codes and requirements 9. 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. 10. Provide construction budget to Pima County prior to initiation of construction activities. 11. Maintain accurate records on expenditures and sale of the homes and provide timely reports to Pima County on expenditures and sale. 12. 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 13. 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. ARTICLE V. ACCOUNTABILITY To the greatest extent permissible by law, County and any authorized federal, state of local agency, shall at all reasonable times have the right of access to Marana's facility, books, documents, papers, or other records which are pertinent to this Agreement, in order to make audits, examinations, excerpts and transcripts and for the purpose of evaluating Marana's performance and compliance with this Agreement. This provision shall be included in all contracts between Marana and its subcontractors providing goods and services pursuant to this Agreement. Marana shall be responsible for subcontractors' compliance with this provision and for any disallowances or withholding of reimbursements resulting from noncompliance of said subcontractors with this provision. ARTICLE VI. AMENDMENT This Agreement may be amended in writing by mutual agreement of the parties. ARTICLE VII. RESPONSIBILITY To the extent permitted by law, each party agrees to be responsible for the acts and omissions of its officers, employees and agents taken pursuant to this Agreement. ARTICLE VIII. COMPLIANCE WITH ALL APPLICABLE LAWS Both parties to this Agreement shall comply with all federal, state, and local laws, rules, regulations, standards and Executive Orders which may be applicable to 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 a court of the State of Arizona 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. 3 ARTICLE IX. NON-DISCRIMINATION Neither party to this Agreement shall not discriminate against any employee of the other party, client or any other individual in any way because of that person's age, race, creed, color, religion, sex, disability or national origin in course of carrying out their obligations under this Agreement. The parties shall comply with the provisions of Executive Orders 75-5, as amended by Executive Order 99-4, which are incorporated into this Agreement by reference as if set forth in full herein. ARTICLE X. AMERICANS WITH DISABILITIES ACT COMPLIANCE Both parties shall comply with all applicable provisions of the Americans with Disabilities Act (public Law 101-336, US.c. 9912101-12213) and all applicable federal regulations under the Act, including CRF Parts 35 and 36. ARTICLE XI. CONFLICT OF INTEREST This Agreement is subject to cancellation for conflict of interest pursuant to A.R.S. 938- 511, the pertinent provisions of which are incorporated into this Agreement by reference. ARTICLE XII. TERMINATION Either party to this Agreement may terminate this Agreement at any time by giving written notice of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. This Agreement may be terminated at any time, without advance notice and without further obligation if either party determines that there is reason to believe a health and safety risk is present. Notwithstanding any other provision in this Agreement, this Agreement may be terminated if, for any reason, there are not sufficient appropriated and available monies for the purpose of maintaining this Agreement. 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 XIII. NOTICE Any notice required or permitted to be given under this Agreement shall be in writing and shall be served by delivery or by certified mail upon the other party. Notice to Pima County shall be addressed and mailed as follows: I Notice to the Town of Maran a shall be addressed and mailed as I follows: i To\\'ll of Maran a 13251 North Lon Adams Rd. Marana, Arizona 85653 Henry G. Atha Pima County CSD 32 North Stone Ave., 16th Fl. Tucson, Arizona 85701 4 ARTICLE XN. REMEDIES Either party may pursue any remedies provided by law for the breach of this Agreement. No right or remedy is intended to be exclusive of any other right or remedy and each shall be cumulative and in addition to any other right or remedy existing at law or at equity or by virtue of this Agreement. ARTICLE XV. SEVERABILITY If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue to valid and enforceable to the full extent permitted by law. ARTICLE XVI. RETENTION OF RECORDS Marana shall keep and maintain proper and complete books, records and accounts, which shall be open at all reasonable times for inspection and audit by duly authorized representative of County. Marana shall retain all records relating to this Contract at least five years after its termination or cancellation of, if later, until any related pending proceeding or litigation has been closed. ARTICLE XVII. LEGAL AUTIjORITY Neither of the parties warrants to the others its legal authority to enter into this Agreement. If a court, at the request of a third person, should declare that either party lacks authority to enter into this Agreement, or any part of it, then the Agreement, or parts of it affected by such order, shall be null and void, and no recovery may be had by either of the parties against the other for lack of performance or otherwise. ARTICLE XVIII. WORKER'S COMPENSATION Both parties shall comply with the notice of A.R.S. S 23-l022(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. THE REST OF THIS PAGE LEFT BLANK INTENTIONALLY 5 ARTICLE XIX. ENTIRE AGREEMENT This document 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. IN WITNESS WHEREOF, the parties hereto have caused this Intergovernmental Agreement to be executed by their duly authorized officers. PIMA COUNTY TOWN OF MARANA ~ SEP 1 8 2001 Date 0'- c2/ -~ I Date ATTEST ~c, APPROVED AS TO C T ~",'1n'",~ ~~"OF ~ ~-..\. "~\\"""""'" ~ ~O~-tf. ~ ~ ::" # cORPORAr~ \. ~ .. S CC)Q I = = iSEAL= - - ~ I ;:: ~ ~ ~ ~ ~ ""1 ~'IIIII"\\~ ~ ~ '1/Z ,\~I'~ ~1111.1l\\\~ REVIEWED AND APPROVED AS TO FORM AND POWER Pursuant to A.R.S. S 11-952(D), the attorneys for the parties hereto have determined that the foregoing Agreement is in proper form and is within the powers and authority granted to each respective body under the laws of the State of Arizona. ~\ ? Q(Ql-- Deputy County Attorney (--.-..-.--.l~. ~~z:// , .-. ~// - Town of Maran a Legal Counsel 6 \ $00 ...0 \ ATTACHMENT A - PROGRAM BUDGET WORK STATEMENT: Marana Construction Works! Fall 2001 FUNDING SOURCE: Pima County General Fund *May be eligible as HOME expense TYPE: Cost Reimbursement COST CATEGORY AMOUNT SALARIES * $15,000 ERES * $4,200 INSURANCE* $3,300 SUPPLIES $6,400 EQUIPMENT $2,100 STAFF TRAVEL $500 ADMINISTRATION $5,500 TOTAL $37,000 1