Loading...
HomeMy WebLinkAboutResolution 97-012 IGA with office of manufactured housingMARANA RESOLUTION NO. 97-12 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, APPROVING AND AUTHORIZING THE EXECUTION OF INTERGOVERNMENTAL AGREEMENTS BETWEEN THE TOWN OF MARANA AND THE ARIZONA STATE OFFICE OF MANUFACTURED HOUSING. 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 staff conduct inspections of manufactured housing and factory built building installations and utilities connections; and WH]EREAS, pursuant to A.R.S. § 41-2153, municipalities are empowered to enter into intergovernmental agreements with the State Office of Manufactured Housing whereby municipalities assume responsibility for conducting inspections of manufactured housing and factory built building installations and utilities connections; and WHEREAS, the Town of Marana and the State Office of Manufactured Housing desire to enter into intergovernmental agreements whereby the Town will assume responsibility for conducting inspections of manufactured housing and factory built building installations and utilities connections within the town limits of Marana, Arizona. NOW, TI-YEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Town enter into the intergovernmental agreements, attached hereto as Exhibits A and B, between the Town of Marana and the State Office of Manufactured Housing whereby the Town assumes responsibility for conducting inspections of manufactured housing and factory built building installations and utilities connections within the town limits of Marana, Arizona. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 4th day of March, 1997. :~.~ J ED HONEA, Mayor seelose Daniel J. Hochuli Town Attorney Maraaa, Ar[zona Resolution No. 97-12 Page 1 of 1 ANN RODRIGUE7. I. -ORDER 1. - D. `ET: 10,52 RECORDED BY: CML PAGE: 1570 DEPUTY RECORDER NO. OF PAGES: It. 11?51 ROOA SEQUENCE: 1?706(__)686 SMARA Jrzo 04/22/97 TOWN OF MARANA AG 16:25:00 ATTN: TOWN CLERK 13251 N LON ADAMS RD MAIL MARANA A Z 8 5 6 5 31 AMOUNT F'AID $ 0. C)C) ,A.G. Contract No. OMH: ?Pq?-bb&b AGREEMENT BETWEEN OFFICE OF MANUFACTURED HOUSING WITHIN THE ARIZONA DEPARTMENT OF BUILDING AND FIRE SAFETY AND - '/Owso Pic NARAkgg (To Enforce installation Standards) This AGREEMENT ("Agreement") is entered into this -1/ day of /?/f s? 1 19 '77, by and between the OFFICE OF MANUFACTURED HOUSING WITHIN THE ARIZONA DEPARTMENT OF BUILDING AND FIRE SAFETY ("OMH") and the / &uA) OF MARAPA ("Agency"). WHEREAS, pursuant to A.R.S. § 41-2151 the purpose of OMH is to maintain standards of quality and safety for manufactured homes, factory-built buildings, mobile homes, recreational vehicles and installation of factory-built buildings and accessory structures. WHEREAS, A.R.S. § 41-2153.B.5 directs the Assistant Director of OMH to enter into agreements with local enforcement agencies to enforce the installation standards in their respective jurisdictions consistent with the installation standards of OMH; and WHEREAS, it is the desire of both parties to eliminate unnecessary duplication of inspections regarding installation standards within the Agency's jurisdiction; NOW, THEREFORE, in consideration of the premises and mutual promises and undertakings herein contained, and for other good and valuable consideration, the parties agree as follows: Term. The term of this Agreement shall be for five (5) years from the date of this Agreement. 2. Termination. Either party may terminate this Agreement at any time without cause by giving the other party thirty (30) days' written notice prior to the date of termination. Addition- ally, pursuant to A.R.S. § 41-2153.B.5, OMH may void this Agreement on determining that the installation standards required in this Agreement are not being maintained, or that local fees are not consistent with the inspection fees established by the Board of Manufactured Housing. 3 Ownership of Proj2ertv Acquired by Fees. Any property that may be acquired by the Agency with the fees received by the ",grency under this Aareement shall be the property of the Agency. 4. Services to be Performed by the Agency. a. Installation Standard Enforced. The Agency shall enforce the installation standards set forth in A.R.S. § 41-2155 and A.A.C. R4-3 )4-201 through R4-34-203 ) , including the following Uniform, codes as incorporated by R4-3 ),d- I 04.A. La.b.c. and d. 1) Uniforrn Building Code, National Electrical Code, 3) Uniform Plumbing Code. and 4) Uniform Mechanical Code, as they apply to installation stardards and accessory structures. b. Fees Charged by the Agency. Pursuant to A.R.S. § 41-2153.13.5, permit ffees charged by the Agency shall be the same as the Fee Schedule of A.A.C. R4-34-602 and R4-34-606. c. State Insignia of Approval. The Agency shall not approve any installation, except those done personally by the owner, unless the installer affixes a State Insignia of Approval as required by A.A.C. R4- 3 .34-704.C and pays the fee established in the fee schedule required by A.A.C. R4-34-602. 5 ' Fees Due to the Agency for its Services. All fees collected by the Agency shall be kept by the Agency for the services performed by the Agency under this Agreement. The A nc I e y shall not be entitled 9 *0 any other compensation for services rendered by it under this Agreement. 6. Duties of QMH. Should OMH require inspections of any portion of the installation of mobile, manufactured homes or accessory structures not required by the Rules referred to herein and not covered under this Aorreement, OMH shall provide the inspections and enforcement thereof 7. Notices. All notices shall be mailed or delivered to the party to receive such notice to the following address. a. If intended for ONM, to: Office of Manufactured Housing Department of Building and Fire Safety 99 East Virginia, Suite 100 Phoenix, Arizona 85004 Attn: (;&305& 1<1 arer- Title: Assistant Director Phone: (602) 255-4072 in h -2) - 10529 1571 b. If intended for Agency. to: Town of Marana 11555 N. qnnder-, Rnqd Marana , AZ 85653 Attn: Doug Maples Title: Chief Building Official Phone: (6R2) (520) -682-4166 8. Interpretation and Amendments. This Agreement contains the entire agreement between the parties hereto. This Agreement shall not be amended or modified in any manner, except by an instrument in writing signed by the parties hereto. ZD 9. Headings. Headings are for convience only and are not to be construed as part of this Agreement. 10. Invaiidi1y of a Term. The parties agree that in the event any term, covenant or condition herein contained should be held to be invalid or void, the invalidity of any such term, covenant or condition shall in no way affect any other term, covenant or condition of this Agreement. 11. Dispute. In the event of any dispute between the parties under this Agreement, the parties agree that they shall submit the dispute to arbitration pursuant to A.R.S. §§ I ',:.-l')3.D and 12-1401 et seg. 12'. Inspection and Audit. Pursuant to A.R.S. § 35-214, all books, accounts, reports, files and other records relating to this Agreement shall be subject at all reasonable times to inspection and audit by the State of Arizona for five (5) years after completion of this Agreement. Such records shall be produced at the C, Auditor General's Office within a reasonable time after their request. 13. Conflict of Interest. The parties acknowledge that this Agreement is subject to cancellation by the Govenor of Arizona pursuant to A.R.S. § 38-511, the provisions of which are incorporated herein. 14. Prohibition Against Discrimnation. In the event that it applies, the parties agree to comply with the Arizona Governor's Executive Order No. 75-5, entitled "Prohibition of Discriminatin in State Contracts - Non Discrimination in Employment by Government Contractors and Subcontractors." 15. Governing Law and Venue. This Agreement shall be construed under the laws of the State of C? Arizona. Venue shall be in Maricopa County, State of Arizona. mh -3- 10529 157? IN WITNESS WH.'.-",REOF, tile pai-ties hereto agree to carry out the ten-ns of this Agreement and have executed this A,:,reement the day month and year first written above. OMH: Name: '1Z_,a_,17 ;,&? x?;_I,, George'E. Kiefer Assistant Director Office of Manufactured Housing Arizona Department of Building and Fire Safety APPROVED AS TO FORM this ?/ day of Mo , r-.4 ? 19 ??7' AGENCY: mh -4- APP ED A TO FO ay Of- I-OOD9 G . .. . .......... Attor y eneral 10529 1573 I--- OV P72- F. ANN RODRIGUE7. REC DER RECORDED BY: CML DEPUTY RECORDER 1?51 ROOA SMARA '14Z 0 TOWN OF MARANA ATTN: TOWN CLERK 13251 N LON ADAMS RD MARANA AZ 95653 __*-1 DOC PAGE: NO. OF PAGES: SEQUENCE: AG 10529 15717 4 4 97060687 o4/22/97 16: 25: 00 MAIL AMOUNT PA I D C-3.0(-) Vr_zq(D- Osoo A.G. Contract No. AGREENIENT BETWEEN OFFICE OF NIANUFACTURED HOUSING WITHIN THE ARIZONA DEPARTM;ENT OF BUILDING AND FIRE SAFETY AND (To Enforce Installation Standards) This AGREEMENT ' "Agreement") is entered into this day of 19 '7'7' , by and between the OFFICE OFNIANUFACTURED HOUSING W17tHIN THE i?IU&ONA DEPARTT-AENT OF BUILDING AND FIRE SAFETY ("OMH") and the AVWN 0 dc /IAI'4AIVA ("Agency"). WHEREAS, pursuant to A.R.S. § 41-2151 the purpose of OMH is to maintain standards of quality and safety lf'or manufactured homes, factory-built buildings, mobile homes, recreational vehicles and installation of manufactured and mobile homes; WHEREAS, A.R.S. § 41-2153.B.5 directs the Assistant Director of OMH to enter into agreements with local enforcement agencies to enforce the installation standards in their respective jurisdictions consistent with the installation standards of OMH; and WHEREAS, it is the desire of both parties to eliminate unnecessary duplication of inspections regarding installation standards within the Agency's jurisdiction; NOW, THEREFORE, in consideration of the premises and mutual promises and undertakings herein contained, and for other good and valuable consideration, the parties agree as follows: 1. Term. The term of this Agreement shall be for five (5) years from the date of this Agreement. 2. Termination. Either party may terminate this Agreement at any time without cause by giving the other party thirty (30) days' written notice prior to the date of termination. Additionally, pursuant to A.R.S. § 41-2153.B.5, OMH may void this Agreement on determining that the installation standards required in this Agreement are not being maintained, or that local fees are not consistent with the inspection fees established by the Board of Manufactured Housing. 3. QwnershiI2 of Property Acquired by Fees. Any property that may be acquired by the Agency with the fees received by the Agency under this Agreement shall be the property of the Agency. 4. Services to be Performed by the Agency. a. Installation Standard Enforced. The Agency shall enforce the installation standards set forth in A.R.S. § 41-2153 and A.A.C. R4-34-205, including the following Uniform Codes as incorporated: I ) Uniform Building Code, 2) National Pectrical Code, 3) Uniform Plumbing Code, and 4) Uniform Mechanical Code, as they apply to installation standards and accessory structures. b. Fees Charged by the Agency. Pursuant to A.R.S. § 41-2144.A.5, permit fees charged by the Agency shall be the same as the Fee Schedule of A.A.C. R4-34-602. c. State Insignia of Approval. The Agency shall not approve any installation, on single family factory-built buildings except those done personally by the owner, unless the in- staller affixes a State Insignia of Approval as required by A.A.C. R4-34-704.C. for single family factory-built buildings. 5. Fees Due to-the Agency for its Services. All fees collected by the Agency shall be kept by the Agency for the services performed by the Agency under this Agreement. The Agency shall not be entitled to any other compensation for services rendered by it under this Agreement. 6. Duties of OMH. Should OMH require inspections of any portion of the installation of factory-built buildings or accessory structures not required by the Rules referred to herein and not covered under this Agreement, OMH shall provide the inspections and enforcement thereof. 7. Notices. All notices shall be mailed or delivered to the party to receive such notice to the following address. a. If intended for OMH, to: Office of Manufactured Housing Department of Building and Fire Safety 99 East Virginia, Suite 100 Phoenix, Arizona 85004 Attn: GaowmE kjr.E=_ Title: Assistant Director Phone: (602) 255-4072 fbb -2- 10529 1575 b. If irtended for Agency, to: AJ 0-? /)/,a,-a ) c,- A/- MAKO A? 4L It AZ Attn: 06 ('!1 1,Y14.",1e -, T i t I e: _CA 1,F f d,31,11,11,,1 . 6? / Phone: LsVL)) /!g, '_ 3111,6 8. Interpretation and Amendments. This Agreement contains the entire agreement between the parties hereto. This agreement shall not be amended or modified in any manner, except by an instrument in writing signed by the parties hereto. 9. Headings. Headings are for convenience only and are not be be construed as part of this agreement. 10. Invalidity of a Term. The parties agree that in the event any term, covenant or con- dition herein contained should be held to be invalid or void, the invalidity of any such term, covenant or condition shall in no way affect any other term, covenant or condition of this Agreement. 11. Dispute. In the event of any dispute between the parties under this Agreement, the parties agree that they shall submit the dispute to arbitration pursuant to A.R.S. § 12-133.D and 12-1501 et sea. 12. Inspection and Audit Pursuant to A.R.S. § 35-214, all books, accounts, reports, files and other records relating to this Agreement shall be subject at all reasonable times to inspection and audit by the State of Arizona for five (5) years after completion of this Agreement. Such records shall be produced at the Auditor General's Office or at OMH's office within a reasonable time after their request. 13. Conflict of Interest. The parties acknowledge that this Agreement is subject to can- cellation by the Governor of Arizona pursuant to A.R.S. § 38-511, the provisions of which are incorporated herein. 14. Prohibition Against Discriminatione In the event that it applies, the parties agree to comply with the Arizona Governor's Executive Order No. 75-5, entitled "Prohibition of Discrimination in State Contracts - Non-Discri m i nation in Employment by Government Contrac- tors and Subcontractors." 15. Governine Law and Venue. This Agreement shall be construed under the laws of the State of Arizona. Venue shall be in Maricopa County, State of Arizona. 10529 1576 fbb -3- IN WITNESS WHEREOF, the parties hereto agree to carry out the terms of this Agreement and have executed this Agreement the day, month and year first written above. OMH: Name: George E. Kiefer Assistant Director Office of Manufactured Housing Arizona Department of Building and Fire Safety AGENCY: Name: State of Arizona APPROVED A TO.F I T ?h?iss day of - F A A. j G WOODS Att rall BY 4 - ' tto Assista ntAtt ne ?e ?e ?e fbb -4- 10529 1577