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HomeMy WebLinkAboutResolution 2003-107 IGA with pima county for construction works!MARANA RESOLUTION NO. 2003-107 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 CONT1NLTING 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, 2004; 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 16th day o f September, 2003. ATTEST: "~/(~yn C.~:ons~n' . ~own ClePk own ajt ey INTERGOVERNMENTAL AGREEMENT BETWEEN TOWN OF MARANA AND PIMA COUNTY Project Name: Construction Works! Contact: Town of Marana Lynn Ward 13251 N. Lon Adams Marana, AZ 85653 (520) 682-3401 Purpose; Provide Work Skills for Youth Funding: Pima County General Funds, HOME and Workforce Investment Act Funds Agreement Term: 8/01/03 to 6/30/04 Agreement Amount: $104,400.00 INTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") 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 Pima County General Funds, HOME and Workforce Investment Act Funds; WHEREAS, in accordance with A.R.S. Sec. 11-951 et seq., A.R.S. Sec. 11~254.04, and the Workforce Investment Act of 1998, P.L 105-220, 29 U.S.C. 2841 et seq., 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 construction work projects for youth in Pima County; NOW, THEREFORE IT IS AGREED AS FOLLOWS: ARTICLE I - PURPOSE The purpose of this Agreement is to set forth the responsibilities of the parties for the Construction Works! Project that provides construction work activities for youth in Marana that are funded through Pima County General Funds, HOME and Workforce Investment Act Funds. ARTICLE II- TERM/EXTENSION Pima County Page I of 7 marana constructionwks.doc Community Services Term of Agreement shall commence August 1, 2003 and terminate on June 30, 2004, but shall not be effective until recorded with Arizona Secretary of State or Pima County Recorder whichever is appropriate. This Agreement, upon mutual consent of the parties, may be extended for a period of time not to exceed 12 months. Any modification or time extension of this Agreement shall be by formal written amendment and executed by the parties. 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 Requests for payment for services under this Agreement shall be submitted to County by Marana on certified invoices signed by an authorized representative of Marana. C Payment from County to Marana for the term of this Agreement shall not exceed $104,400.00 ARTICLE IV - SCOPE OF WORK/SERVICER A. Purpose The purpose of this Agreement is to outline the responsibilities for each party for the implementation of construction work activities for youth for new construction and/or rehabilitation of homes in Marana. B. Scope 1. Marana shall i. Purchase and prepare building sites for construction of two, single-family homes for iow-income homebuyers with funds from Marana. ii. Contract for and/or coordinate construction of these two homes. iii. Use proceeds from the sale of HOME Program-funded projects to purchase materials and pay for project coordination. iv. Provide access to the construction site for youth trainees enrolled in a construction training program. The youth will participate in construction activities such as framing, finish work, and cabinet installation for the new homes. v. 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 Pima County Page 2 of 7 Community Services marana oonstructionwks vi. Monitor worksites to ensure compliance with all applicable State, Federal, OSHA and child labor laws. vii. Coordinate w~th County s Commun ty Services staff and training agency to synchronize activities. viii. Ensure that homes constructed through this project meet all applicable local building codes and requirements. ix. Market and arrange for the sale of completed homes to eligible and qualified homebuyers who meet the requirements of the federal HOME program. x. Provide homebuyer training and pre-purchase housing counseling program for buyers. xi. Provide construction budget to County prior to initiation of construction activities. xii. Maintain accurate records on expenditures and sale of the homes and provide timely reports to County on expenditures and sale. xiii. 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 xiv. Ensure that each household assisted through this program executes a promissory note and deed of trust that is consistent with County and HUD guidelines. 2. County shall: 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. ii. Assign case management staff to coordinate with Marana staff, subcontractor, 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 training, 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 ARTICLE V - Termination A. Termination for Convenience: County reserves the right to terminate this Contract at any time and without cause by serving upon Marana 30 days Pima County Page 3 of 7 marana constructionwks.doc Community Services 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 shall thereupon have the right to terminate or reduce the Contract dollar amount of this Contract by giving Marana 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 Marana shall be payment for services rendered prior to the date of termination. Insufficient Funds: Notwithstanding any other provision in this Contract, this Contract may be terminated if for any reason there is not sufficient appropriated and available 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 further obligation to Marana, other than for services rendered prior to termination. Co 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. Administrative Suspension: County may temporarily suspend operations and payments under 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. In the event of such suspension, Marana shall assist County by providing information and documents to evaluate the status of the Contract and whether it should be continued. Grant-Funded Contract: This is a grant-funded project, payments obligations of County shall not exceed the amount of funds allocated to and made available to County for this project. The maximum funding under this Contract is subject to availability and continuation of gran~ funding. This amount may be increased or decreased at any time due to reduction, termination, or any other change in funding. County also reserved the right to terminate or suspend the Contract in whole or in part, with out pdor notice if any third party providing funds which the County uses to pay obligations pursuant to this Agreement suspends, cancels or terminates its Contract with County or gives notice to County of intent to suspend or terminate its Contract with County. ARTICLE VI - Disposal of Property Upon the termination of this Contract, all property involved shall revert back to the owner. Termination shall not relieve any party from liabilities or costs already incurred under this Contract, nor affect any ownership of property pursuant to this Agreement. Pima County Page 4 of 7 marana constructionwks.doc Community Services ARTICLE VII - Indemnification To the fullest extent permitted by Jaw, each party agrees to defend, indemnify, and hold harmless the other party and the other party's officers, agents, and employees from all claims, losses, and causes of actions arising out of, resulting from, or in any manner connected with this Agreement, but only to the extent such claim, loss, cause of action, damage or injury is caused or contributed to by the negligent acts or omissions of the indemnifying party. ARTICLE VIII - Compliance with Laws Both parties shall comply with all federal, state and local laws, rules, regulations, standards and Executive Orders, without limitation to those designated within 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 an Arizona court 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 IX - Non-Discrimination Both parties shall not discriminate against any Marana or Pima employee, client or any other individual in any way because of that person's age, race, creed, color, religion, sex, disability or national origin Jn the course of carrying out duties pursuant to this Agreement. Both Parties shall comply with the provisions of Executive Order 75-5, as amended by Executive Order 99-4, which is incorporated into this Agreement by reference, as if set forth in full herein. ARTICLE X - ADA Both parties shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. ARTICLE XI. Severability If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the full extent permitted by law. ARTICLE XII - Conflict of Interest This Agreement is subject to cancellation for conflict of interest pursuant to A.R.S. § 38-511, the pertinent provisions of which are incorporated herein by reference. ARTICLE Xlll. Non-Appropriation Notwithstanding any other provision in this Agreement, this Agreement may be terminated ~f for any reason County does not appropriate sufficient monies for the purpose of maintaining this Agreement. In the event of such cancellation, both parties shall have no further obligation other than for payment for services rendered prior to cancellation. Pima County Page 5 of 7 marana constructionwks Community Services ARTILCE XIV - Legal Authority Neither party warrants to the other its legal authority to enter nto this Agreement. If a court, at the request of a th rd 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 party against the other for lack of performance or otherwise. ARTICLE XV - Worker's Compensation Each party shall comply with the notice of A.R.S. § 23-1022(E). For purposes of A.R.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 XVI - No Joint Venture It is not intended by this Agreement to, and nothing contained in this Agreement shall be construed to, create any partnership, joint venture or employment relationship between the parties or create any employer-employee relationship between Pima and any Marana employees, or between Marana and any Pima employees. Neither party shall be liable for any debts, accounts, obligations nor other liabilities whatsoever of the other, including (without limitation) the other party's obligation to withhold Social Security and income taxes for itself or any of its employees. ARTICLE XVII - Insurance Both parties are self insured and all minimum levels of insurance are met. ARTICLE XVlll - 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. ARTICLE XlX. Fingerprinting Both parties shall comply with applicable provisions of A.R.S. § 46-141, which are hereby incorporated as provisions of this Agreement to the extent such provisions are applicable due to statute, case law, County contract or other legal authority. THIS SPACE INTENTIONALLY LEFT BLANK Pima County Page 6 of 7 marana constr~ctionwks.doc Community Services 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 IGA 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. PIMA COUNTY: TOWN OF MARANA: Chair, Board of Supervisors Mayor ATTEST: ATTEST COUNTERSIGNED: Clerk of the Board Marana Town Clerk APPROVED AS TO CONTENT: Pir~a'~C~5'n ty Community Services Department Town of Marana Pursuant to A.R.S. Sec. 11-952D, the attorneys for the parties have determined that the foregoing Agreement is in proper form and is within the powers and authority granted under the laws of this State to the parties. Deputy County Attorney Date T~oCn of I~a~ Atto./~ Date Pima County Community Services Page 7 of 7 marana constructionwks.doo Attachment A Budget: Construction Works! Town Of Marana August 1, 2003 to June 30, 2004 HOME General Fund Construction Cost 40,000 0 Salaries 30,000 Fringe 8,400 Insurance 6,600 Supplies and Equipment 7,400 Staff Travel 1,000 Administration 11,000 Total 40,000 64,400 Budget total 104,400