HomeMy WebLinkAboutResolution 2007-130 renewal of IGA with the office of manufactured housingF. ANN RODRIGUEZ, RECORDER DOCKET. 13121
RECORDED BY: LLK ov PIT PAGE: 1599
DEPUTY RECORDER NO. 01' PAGES: 5
0112 PE1 SEQUENCE: 20071600375
SMARA 08/17/2007
TOWN OF MARANA RES 15:20
ATTN: TOWN CLERK -41
11555 W CIVIC CENTER DR MAIL
MARANA AZ 85653 AMOUNT PAID $ 8.00
MARANA RESOLUTION NO. 2007-130
RELATING TO BUILDING; AUTHORIZING RENEWAL 0 1 F AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE TOWN OF MARANA AND THE OFFICE OF
MANUFACTUED HOUSING WITHIN THE ARIZONA DEPARTMENT OF FIRE,
BUILDING AND LIFE SAFETY.
WHEREAS the purpose of the Office of Manufactured Housing (OMH), pursuant to
A.R.S.§ 41-2151 is to maintain standards of quality and safety for manufactured homes, factory-
built buildings, mobile homes, recreational vehicles and installation of manufactured and mobile
homes; and
WHEREAS the Assistant Director of OMH has been directed by A.R.S. § 41-2153(B)(5)
to enter into agreements with local enforcement agencies to enforce the nstallation standards on
their respective jurisdictions with the installation standards of OMH; and
WHEREAS the Mayor and Council of the Town of Marana previously entered into such
an agreement, recorded with the Pima County Recorded in Book 1173 3 page 2493 as Resolution
2002-08 and set to expire in 2007; and
WHEREAS it is mutually beneficial to both OMH and the Town of Marana. to renew this
agreement so as to eliminate unnecessary duplication of inspection regarding installation
standards within the Agency's jurisdiction.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, that the Intergovernmental Agreement attached to this
Resolution as Exhibit A and incorporated herein by this reference is hereby approved.
BE IT FURTHER RESOLVED that the -building director for e Town of Marana is
hereby directed and authorized to sign this renewal and future renewals ol . the Town's behalf
PASSED AND ADOPTED BY THE MAYOR AND CO OF THE TOWN OF
MARANA, ARIZONA, this 24th day of July, 2007.
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Jocelyn C. nson, Town Clerk A? Of rQ1kP(R1ATEv I
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vk AsAtant Town Attorney
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Xeric Hay, Se?i<orAs. y"Ch lit,
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A. G. Contract Number
(Manufactured Home)
AGREEMENT
BETWEEN
OFFICE OF MANUFACTURED HOUSING WITHIN THE
ARIZONA DEPARTMENT OF FIRE, BUILDING AND LIVE SAFETY
AND
Town of Marana
(To Enforce Installation Standards)
This AGREEMENT ("Agreement") is entered into this Ist day of March, 2007 , by
and between the OFFICE OF MANUFACTURED HOUSING WITHIN THE ARIZONA
DEPARTMENT OF FIRE, BUILDING AND LIFE SAFETY ("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
installation of manufactured and mobile homes.
WHEREAS, A.R.S. § 41-2153.B.5 directs the Deputy 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;:Iand
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. § 41-21,55 and A.A.C. R4-34-
706 as they apply to installation standards and accessory structures. 2
1
2. Tenn. The term of this Agreement shall be for five (5) years from the date of this
Agreement.
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3. Tenniriation. Either party may terminate this Agreement at any time -A
giving the other party thirty (30) days' written notice prior to the
Additionally, OMH may terminate this Agreement immediately and w?
determines that the installation standards required in the Agreement are n(
that local fees are not consistent with the inspection fees establist
Manufactured Housing.
4. Standards of Performance. In exercising the authority delegat(
Agency shall perform to the same standards of performance that the law i
exercising the authority described in section I hereof. In addition, the Ag,
any installation, except those done personally by the owner, unless the ii
Insignia of Approval as required by A.A.C. R4-34-802.A and pays t(
established in the fee schedule required by A.A.C. R4-34-501.
cause by
date of termination.
hout notice, if OMH
being maintained, or
d by the Board of
hereunder the
poses upon OMH in
kcy shall not approve
taller affixes a State
the Agency the fee
5. Fees Charged by the Agency. Permit fees charged by the Agen y shall be the same
as the Fee Schedule of A.A.C. R4-34-501 and R4-34-801. 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. Ownership Propegy Acquired by Fees. Any property that may e acquired by the
Agency with the fees received by the Agency under this Agreement shall be the property of the
Agency.
7. Qualifications of Personnel. The personnel that perform the ft?nctions 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. Duties of OMH. 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 Agreement, OMH shall be responsible for the inspections and
enforcement thereof.
9. Notices. All notices shall be mailed or delivered to the party to
the following address.
a. If intended for OMH to:
Office of Manufactured Housing
Department of Fire, Building and Life Safety
I I 10 West Washington, Suite #100
Phoenix, AZ 85007-2935
Attn: Gary Grounds
Title: Deputy Director
Phone: (602) 364-1003
ve such notice to
2
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b. If intended for Agency, to:
Town of Marana
115 5 5 W Civic Center Dr Bldg A2
Tucson AZ 85653-7003
Attn: -?6?6 ?A-7u,-
Title: ?Z, V( L--t? I ?v (, : F:-(lC- I
(3
Phone: 2- - :Z-
10. InteEpretation 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.
11. Headinas. Headings are for convenience only and are not to be construed as part of
this Agreement.
12. Invalidi1y of a Tenn. 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.
13. 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. §§ 12-133.13 and
12-1518 et seq.
14. 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 such other office as the parties
hereto may mutually agree within a reasonable time after request.
15. 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.
16. Prohibition Against Discrimination. In the event that it applies, the parties agree to
comply with the Arizona Governor's Executive Order No. 99-4.
17. 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.
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18. Unavailabilily of Funding. Every payment obligation of the State or OMH under this
Agreement is conditioned upon the availability of funds appropriated or allocated 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 the State or OMH at the end of the period for
which funds are available. No liability shall accrue to the State or OM11 in the event this
provision is exercised, and neither the State nor OMH shall be obligated or liable for any future
payments nor for any damages as a result of termination under this paragraph.
19. By entering into this IGA, the Agency warrants compliance with the Federal
Immigration and Nationality Act (FINA) and all other Federal immigration laws and regulations
related to the immigration status of its employees. The Agency shall obtain statements from its
subcontractors certifying compliance and shall ftmiish the statements to the Procurement officer
upon request. The Agency and its subcontractors shall also maintain Employment Eligibility
Verification forms (1 -9) as required by the U. S. Department of Labor's Immigration and Control
Act, for all employees performing work under the IGA. 1-9 forms are available for download at
USCIS.GOV The State may request verification of compliance for any contractor or
subcontractor performing work under the IGA. Should the State suspect or find that the Agency
or any of its subcontractors are not in compliance, the state may pursue any and all remedies
allowed by law, including but not limited to: suspension of work and/or termination of the IGA
for default. All costs necessary to verify compliance is the responsibility of the Agency.
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.
OFFICE OF MANUFACTURED HOUSING
Name:
Gary Grbund4, eeputy Director
Office of Manufactured Housing
Department of Fire, Building and Life Safety
AGENCY:
N:ame:
P * ;nam e:
Title:
This Intergovernmental Agreement has been reviewed by the undersigned attorney for 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.
APPROVED this 24
.?4 day of
BY:
(Rev 12/4/2006)
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