HomeMy WebLinkAboutResolution 2012-086 IGA to enforce installation standards for manufactured housingMARANA RESOLUTION NO. 2012-086
RELATING TO BUILDING; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE
AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA AND
THE ARIZONA DEPARTMENT OF FIRE, BUILDING AND LIFE SAFETY, OFFICE OF
MANUFACTURED HOUSING TO ENFORCE INSTALLATION STANDARDS
WHEREAS pursuant to A.R.S. § 41-2151, the purpose of the Arizona Departrnent of Fire,
Building and Life Safety, Office of Manufactured Housing (OMH) is to maintain standards of quality
and safety for manufactured homes, factory-built buildings, mobile homes and accessory structures,
and installation of manufactured and mobile homes; and
WHEREAS the Deputy Director of OMH has been directed by A.R.S. § 41-2153(B)(5) to en-
ter into agreements with local enforcement agencies to enforce the installation standards in their re-
spective jurisdictions consistent with the installation standards of OMH; and
WHEREAS the Town and OMH may contract for services and enter into agreements with
one another for joint or cooperative action pursuant to A.R.S. § 11-952, et seq.; and
WHEREAS the Town Council finds that approving an intergovernmental agreement between
the Town and OMH is in the best interests of the Town and its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. The intergovernmental agreement between the Town of Marana and the Ari-
zona Department of Fire, Building and Life Safety, Office of Manufactured Housing, attached to and
incorporated by this reference in this resolution as E�ibit A is hereby approved and the Mayor is
hereby authorized to execute it for and on behalf of the Town of Marana.
SECTION 2. The Town's Manager and staff are hereby directed and authorized to under-
take all other tasks required or beneficial to carry out the terms, obligations and objectives of the in-
tergovernmental agreement.
Marana Resolution 2012-086 - 1 -
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this
7 day of November, 2012.
ATTEST: �--
Mayor Ed onea '
elyn C. onson, Town Clerk
_ ..�a
Marana Resolution 2012-086 - 2 -
♦
��
JANICE K. BREWER GENE PALMA
Governor ,� ` � Directar
DEPARTMENT OF FIRE, BUILDING AND LIFE SAFETY
1110 WEST WASHINGTON, SUITE 100
PHOENIX, ARIZONA 85007
(602)364-1003
(602) 364-1052 FAX
OFFICE OF ADMINISTRATION * OFFICE OF MANUFACTURED HOUSING * OFFICE OF STATE FIRE MARSHAL
April 12, 2013
Town of Marana
11555 W. Civic Center Dr., Bldg. A2
Marana, Arizona 85653
(520) 382-2661
Dear Benny Sanchez,
Enclosed is the final approved IGA Contract for Manufaciured/ Mobile Homes and Factory-Built
Buildings for your records.
The Contract effective date is April 9, 2013. The term of the agreement shall be for five (5) years
from the effective date. This Office will periodically conduct jurisdictional audits of the Town of
Marana, with advance notice and coordination. At least one representative; building official,
building inspector, or permit technician is required to participate in training delivered by this
Office annually. Training information and schedules can be obtained from this Office's website
at www.dfbls.az.gov. Our Office appreciates your cooperation.
Please ensure that �11 permit applications, permits, inspection reports, violation notices, plans,
and other supporting documents are retained for ten (10) years from the date of effectiveness of
this IGA contract, per clause 15 in the IGA contract.
Sincerely,
�
�
Georgina arie Marin
Local Jurisdiction Liaison
Department of Fire, Building and Life Safety
Office of Manufactured Housing
1110 W. Washington, Suite 100
Phoenix, AZ 85007
(602) 762-0855
AGREEMENT � ' Q���t�Q�
BETWEEN
ARIZONA DEPARTMENT OF FIRE, BUILDING AND LIFE SAFETY
OFFICE OF MANUFACTURED HOUSING
AND
TOWN OF MARANA
TO ENFORCE INSTALLATION STANDARDS
This AGREEMENT ("Agreement") is entered into this '�� day of I"� l. �i
,
by and between the ARIZONA DEPARTMENT OF FIRE, BUILDING AND LIFE
SAFETY, OFFICE OF MANUFACTURED HOUSING ("OMH") and the Town of Marana
�«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, and the
installation of the same. �
WHEREAS, A.R.S. § 41-2153(B) (5) directs the Deputy Director of O1VIH 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. Monitoring and Enforcement. For the duration of this Agreement, the Agency will
monitor and enforce the installation standards set forth in A.R.S. § 41-2195 and A.A.C. R4-34-
102 as they apply to installation standards and accessary structures.
2. Term. The term of this Agreement sha11 be for five (5) years from the date of this
Agreement.
3. Standards of Performance. In exercising the authority delegated hereunder the
Agency sha11 perform to the same standards of performance that the law imposes upon OMH in
exercising the authority described in section 1 hereof. In addition, the Agency shall not approve
any installation unless the installer affixes a State Insignia of Approval as required by A.A.C.
R4-34-802.A and pays to the Agency the fee established by OMH pursuant to the authority by
A.A.C. R4-34-501 and as permitted by A.A.C. R4-34-506.
4. Monthl ��Reporting, The Agency in this Agreement shall submit a Monthly IGA Report
to OMH. A copy of each closed mobile home/HUD manufactured home or FBB permit shall be
t
submitted with the monthly report. The monthly report with copies of permits shall be submitted
by mail, fax, or email, on or before the 15�' of the following month. OMH will provide the
monthly report format which will require the following be collected and documented:
a. ARZ HUD label number(s) or FBB manufacturers insignia number
b. Unit serial number
c. Installation insignia or FBB plan approval number
d. Address of installation
e. Date of approved fmal insta.11ation inspection
5. Fees Charged b t�genc� Permit fees charged by the Agency sha11 be the same
as the Fee Schedule created by OMH pursuant to its authority under A.R.S. § 41-2144 (4) and
A.A.C. R4-34-501 and no more than permitted by R4-34-801(E). All fees collected by the
Agency shall be kept by the Agency as compensation 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. Tertnination. 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, OMH may terminate this Agreement immediately and without notice, if OMH
determines that the installation standards required in the Agreement are not being maintained, or
that local fees are not consistent with the inspection fees established by the Board of
Manufactured Housing.
7. Qualifications of Personnel. The personnel that perform the functions delegated to
the Agency in paragraph 1 hereof shall each have no less than one year of experience as a
building code inspector or manufactured housing installation inspector.
8. Inspector Trainin� All Agency Inspectors performing under this Agreement shall
participate in required initial andlor periodic training as set and coordinated by the State.
9. Duties of OMH. Should OMH require inspections of any portion of the installation
of mobile, manufactured homes, accessory structures or factory built buildings not required by
the Rules referred to herein and not covered under this Agreement, OMH shall be responsible for
the inspections and enforcement thereof.
10. 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:
Department of Fire, Building and Life Safety
Office of Manufactured Housing
1110 West Washington, Suite #100
Phoenix, AZ 85007-2935
Attn: Debra Blake
Title: Deputy Director
Phone: (602) 364-1022
2 ,
b. If intended for Agency, to:
Town of Marana
11555 W. Civic Center Dr., Bldg. A2
Marana, Arizona 85653
Attn: Benny Sanchez
Title: Buil'ding Official
Phone: (520) 382-2661
1 l. Interpretation and Amendments. This Agreement contains the entire agreement
between the parties hereto. T'his Agreement shall_ not be amended or modified in any manner,
except by an instrument in writing signed by the parties hereta
12. Headin�s. Headings are for convenience only and are not to be construed as part of
this Agreement.
13. Invalidity of a Term. The parties agree that in the event any term, covenant or
conditions 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.
14. Dis�ute. 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 12-1518.
15. I�ection and Audit. Pursuant to A.R.S. §§ 35-214 and 35-215, all books, accounts,
reports, files and other records relating to this Agreement shall be subject af 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 such other office
as the parties hereto may mutually agree within a reasonable time after request.
16. Conflict of Interest. The parties acknowledge that this Agreement is subject to
cancellation by the Governor of Arizona pursuant to A.R.S. § 38-511, the provisions of which
are incorporated herein.
17. Prohibition Against Discrimination. In the event that it applies, the parties agree to
comply with the Arizona Governor's Executive Order No. 2009-09.
18. Governing Law and Venue. This Agreement shall be governed by and interpreted in
accordance with the laws of the State of Arizona. The exclusive venue for any litigation,
arbitration, administrative hearing or the like concerning this Agreement or any matter arising
therefrom shall be in Maricopa County, State of Arizona.
19. Unavailability of Funding_ Every payment or financial obligation of the parties under this
Agreement is conditioned upon the availability of funds appropriated or ailocated for the
payment of such obligation. If funds are not allocated and available for the continuance of this
Agreement, this Agreement may be terminated by any party at the end of the period for which
funds are available. No liability shall accrue to any party in the event this provision is exercised,
3
and neither the OMH or Agency shall be obligated or liable for any future payments nor for any
damages as a result of termination under this paragraph.
20. E-veri . To the extent applicable under A.R.S. § 41-4401, each party and its respective
subcontractors warrant compliance with all federal immigration laws and regulations that relate
to its employees and compliance with the E-verify requirements under A.R.S. § 23-214(A). Each
party has the right to inspect the papers of the other party ar its subcontractors participating in
this Agreement and may result in the termination of the Agreement by a non-breaching party
under terms of this Agreement.
21. Sudan and Iran. Pursuant to A.R.S. §§ 35-391-06 and 35-393-.06, the parties certify that
they do not have scrutinized business operations in Sudan or Iran. For the purpose of this
subsection the term "scrutinized business operations" shall have the meanings set forth in A.R.S.
§ 35-391 or 35-393, as applicable. If one party determines that the other party submitted a false
certification, the non-breaching party may impose remedies as provided by law including
terminating this Agreement.
IN WIT'NESS 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.
OFFICE OF NUFACTURED H USING
Name: (,�
Debra Blake, Deputy Director
Department of Fire, Building and Life Safety
Office of actured Housing
/i �
�`" �
AGENCY:
Name:
Hon. Ed Honea , Mayor
ATTE T: �
Jo yn Bronson , Town Clerk
APPROVED this � day of ����'��^�� , aD/Z-
This Intergovernmental Agreement has been reviewed by the undersigned � attorney far the
Agency who has determined that it is in appropriate form and within the powers and authority
granted by law to the Agency designed herein. � � �
:
, To�tf Attorney
'This Intergovernmental Agreement has been reviewed pursuant to A.IY:S. § 11-952 by the
undersigned Assistant Attorney General, who has determined that it is in the proper form and is
within the powers granted under the laws of the State of Arizona to those Parties to the
Agreement represented by the Attorney General.
Dated this �� day of ��� ; 29��
BY:
ary D. illiams,
Assistant Attorney General
4