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HomeMy WebLinkAboutResolution 2000-098 IGA with MUSD for marana works! F. ANN RODRIGUEZ, RECORDER RECORDED BY: CRT DEPUTY RECORDER . 0234 ROOD SMARA TOWN OF MARANA ATTN: TOWN CLERK 13251 N LON ADAMS RD M]%RANA AZ 85653 DOCKET: 11379 PAGE: 1710 NO. OF PAGES: 2 SEQUENCE: 20001750437 09/08/2000 RES 16:37 MAIL AMOUNT PAID $ 8.00 RESOLUTION NO. 2000-98 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, ARIZQNA AND THE MARANA UNTIED SCHOOL DISTRICT, CREATING MARANA CONSTRUCTION WORKS! PROJECT 2000. WHEREAS, the Town of Marana, Pima County, and the Marana Unified School District 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, the Town of Marana, Pima County, and the Marana Unified School District 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, the Town of Marana, Pima County, and the Marana Unified School District do hereby find and determine that it is to the best interests of the residents of the unincorporated areas of Pima County and of the Town of Marana that housing and community development activities be performed jointly; and WHEREAS, the Town of Marana, Pima County, and the Marana Unified School District 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 and the Marana Unified School District for the purpose of creating integrated construction-skills training and education for at-risk youth and affordable housing for low- to moderate- income families. Marana, Arizona Resolut/on No. 2000-98 Page 1 of 2 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 5th day of September, 2000. Mayo~l~o--]~y,8'utton, Jr. ATTEST: APPROVED AS TO FORM: /Daniel J. Hochgd/ As Town Attorney and not personally Marana, Arizona Resolution No. 2000-98 Page 2 of 2 INTERGO MARAN CONTRACT . ..0. ~/-39,fIl' /;fJ.Js.o7dd AMENDMENT NO. Thia number must appear on all iliY:D*MEMCfTASP"OI}\~E~NT CQ.wsttR-&~-rI8N WO , ()~~6rJPr; I 3af3 This Intergovernmental Agreement ("Agreement") is entered into by and between PIMA COUNTY, a body politic and corporate of the State of Arizona, the TOWN OF MARANA, a municipal corporation, and MARANA UNIFIED SCHOOL DISTRICT, a public school district in the State of Arizona. RECITALS 1. PIMA COUNTY is authorized to enter into this agreement under A.R.S. 99 11-201, 11-251, 11-254.04 and 11-951 et seq. 2. TOWN OF MARANA is authorized to enter into this agreement under A.R.S. 99 11-951 et seq.andReso1ution No. 2000-98. 3. MARANA UNIFIED SCHOOL DISTRICT is authorized to enter into this agreement under A.R.S. SS 11-951 et seq. and 15-342 and 15-789. 4. It is the mutual desire of the parties to provide integrated construction-skills training and education for at-risk youth and affordable housing for low-income families. ARTICLE 1. PURPOSE The purpose of this Intergovernmental Agreement is to identify the roles and responsibilities of each partner in implementing the CONSTRUCTION WORKS! project. ARTICLE II. TERM The term of this Agreement shall be from July 1,2000, through June 30, 2001, 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. This Agreement does not renew automatically. County shall have the option to extend this Agreement for up to two (2) additional twelve-month periods or any portion thereof. Such extension shall be by formal written amendment executed by the parties ARTICLE III. SCOPE TOWN OF MARANA shall: 1. Purchase and prepare two building sites for construction of two single-family homes for low- income homebuyers. 2. Contract for and 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. 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. 5. Coordinate with Pima County Community Services staff and training agency to synchronize activities. INTERGOVERNMENTAL AGP""""",MENT between TOWN OF MARANA, MARANA UNIFIED SCHOOL ~ J TRICT and PIMA COUNTY COMMUNIT'r _~RVICES MARANA UNIFIED SCHOOL DISTRICT shall: 6. Recruit 14 youth aged 16 to 21 who are . enrolled in the Another Chance at Education program, . enrolled in the Marana Plus program, or . high school dropouts in the Marana Unified School District. 7. Provide an individualized education program for each participant that . provides educational activities for each team of seven participants on alternating weeks, . emphasizes, wherever possible, academic principles applicable to the construction trades. 8. Provide staffing, space, supplies, and other costs for the educational component. Provide coverage under its general liability insurance policy for all participants throughout each week that they are in the classroom/education component. 9. Track, and share information with Pima County Community Services on enrollees' . attendance in the education component, which is tied to the construction training stipend . educational performance during the program . behavioral and other issues which might be relevant to their performance in the training component 10. Provide classroom space for safety and other preparatory training provided by Pima County Community Services prior to the work on site. 11. Coordinate with Pima County Community Services staff and training agency 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. PIMA COUNTY shall: 1. Review participant selections by Marana Unified School District and enroll 14 selected youth into a construction-skills training program. 2. Contract with a qualified training agency to provide an on-site construction skills training program for each participant that . offers hands-on experience in construction activities such as framing, finish work, and cabinet installation for each team of seven participants on alternating weeks, . emphasizes, wherever possible, applications of academic principles in the construction trades, 3. Contract with a qualified training agency to provide qualified on-site supervision, training supplies, and other costs for the construction-skills training component. Contractor shall provide liability and student accident insurance coverage for all participants throughout each week that they are in the construction-skills training component 4. Contract with a qualified training agency to monitor worksites to ensure compliance with all applicable State, Federal, OSHA and child labor laws. 5. Provide job-skills assessments, case management services, employability-skills training, job placement assistance, and follow-up training opportunities for all enrollees. 6. Perform state-required background and fingerprint checks on all County staff who work with youth. 7. 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 MARANAiga2000 2 INTERGOVERNMENTAL AGFl:;,MENT between TOWN OF MARANA, MARANA UNIFIED SCHOOL... .J TRICT and PIMA COUNTY COMMUNITI -"R VICES 8. 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. ARTICLE IV. FINANCING Each party shall be responsible for financing its own activities pursuant to this Agreement. ARTICLE V. AMENDMENT This Agreement may be amended in writing by mutual agreement of the parties. ARTICLE VI. 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 VII. COMPLIANCE WITH ALL APPLICABLE LAWS Each party 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. ARTICLE VIII. NON-DISCRIMINATION The parties 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 IX. AMERICANS WITH DISABILITIES ACT COMPLIANCE The parties shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, U.S.C. 9912101-12213) and all applicable federal regulations under the Act, including CRF Parts 35 and 36. ARTICLE X. 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 XI. TERMINATION Each 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. MARANAiga2000 3 INTERGOVERNMENTAL AGP'''''MENT between TOWN OF MARANA, MARANA UNIFIED SCHOOL L-, rRICT and PIMA COUNTY COMMUNITY ~....:.RVICES This Agreement may be terminated at any time, without advance notice and without further obligation if any 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 XII. 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 Notice to the Town of Maran a Notice to Marana Unified be addressed and mailed as shall be addressed and mailed School District shall be follows: as follows: addressed and mailed as follows: Henry G. Atha Michael C. Hein Dr. W<,u'lP MeT ean Pima County CSD Town of Marana Marana Unified School Dist. 32 North Stone Ave., 16th Fl. 13251 North Lon Adams Rd. 11279 West Grier Rd., #103A Tucson, Arizona 85701 Marana, Arizona 85653 Marana, Arizona 85653 ARTICLE XIII. REMEDIES Each party may pursue any remedies provided by law for the breach ofthis 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 XIV. 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 XV. LEGAL AUTHORITY None 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 any 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 party against the other for lack of performance or otherwise. ARTICLE XVI. WORKER'S COMPENSATION Each party shall comply with the notice of A.R.S. 9 23-1022(E). For purposes of A.R.S. 923- 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 MARANAiga2000 4 INTERGOVERNMENTAL AGR""''''''\1ENT between TOWN OF MARANA, MARANA UNIFIED SCHOOL L fRICT and PIMA COUNTY COMMUNITY ,-~~VICES have the sole responsibility for the payment of Worker's Compensation benefits or other fringe benefits of said employees. ARTICLE XVII. 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 -.S\~ ~?Ol'" Chair, Board of Supervisors r-~I C) /- May m/~/00 Datel I NOV 1 4 2000 Date ATTEST Chair, MUSD School Board Qf\(~/0P Date REVIE"''ED 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. 3lWa-. Deputy County Attorney APPROVED AS TO CO MARANAiga2000 5 ;l81-tIV