Loading...
HomeMy WebLinkAboutResolution 2002-008 IGA with the office of manufactured housing to enforce installation standardsMARANA RESOLUTION NO. 2002-08. A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AUTHORIZING EXECUTION OF AN INTERGOVERNIViENTAL AGREEMENT BETWEEN THE OFFICE OF MANUTACTURED HOUSING WITHIN THE ARIZONA DEPARTMENT OF BUILDING ANrD FIRE SAFETY TO ENFORCE INSTALLATION STANDARDS. WHEREAS, pursuant to A.R.S.§ 41-2151, the purpose of the Office of Manufactured Housing (OMH) 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, A.R.S. § 41-2153.B.5 directed 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 mutually beneficial to both OMH and the Town of Marana to eliminate unnecessary duplication of inspections regarding installation standards within the Agency's jurisdiction. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona as follows: The attached Intergovermnental Agreement between The Office of Manufactured Housing within the Arizona Department of Building and Fire Safety and the Town of Marana for the enforcement ofinstallation standards is hereby approved; and The Mayor of the Town of Marana is hereby authorized to sign the Intergovernmental Agreement for the Town of Marana. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 15th day of January, 2002. ATTEST: (./I'own Clerk APPROVED AS TO FORM: As Town Attorney and not personally Mayor B61~BY SUTT/-ON, JR. F. ANN RODRIGX?-' RECORDER RECORDED BY: L- . DEPUTY RECORDER 7864 ROOC SMARA TOWN OF MARANA ATTN: TOWN CLERK 13251 N LON ADAMS RD MARANA AZ 85653 Dr-WET: P. .: NO. OF PA SEQUENCE: AG MAIL AMOUNT PI MARANA TOWN OF MARANA INTERGOVERNMENTAL AGREE BETWEEN 11733 2489 6 20020270599 02/08/2002 16:35 8.50 T THE OFFICE OF MANUFACTURED HOUSING WITHIN THE ARIZONA DEPARTMENT OF BUILDING AND I AND THE TOWN OF MARANA TO ENFORCE INSTALLATION STANDAI RE SAFETY 61?1 A. G. Contract No.: KRO 2- 010 8 (Manufactured Home) AGREEMENT BETWEEN OFFICE OF MANUFACTURED HOUSING WITHIN THE ARIZONA DEPARTMENT OF BUILDING AND FIRE SAFETY AND TOWN OF MARANA (To Enforce Installation Standards) This AGREEMENT ("Agreement") is entered into this I" dM of March, 2002, by and between the OFFICE OF MANUFACTURED HOUSING WITHIN THE ARIZONA DEPARTMENT OF BUILDING AND FIRE SAFETY ("OMH") and the Town of Marana the ("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 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. Monitoring and Enforcement. For the duration of this Agreement, the Agency will monitor and enforce the installation standards set forth in A.R.S. § 41-2155 and A.A.C. R4-34-801 through R4-34-805, including the following Uniform codes as incorporated by R4-34-102: 1) Uniform Building Code, 2) National Electrical Code, 3) Uniform Plumbing Code, 4) Uniform Mechanical Code, as they apply to installation standards and accessory structures. ORIGINAL 2 OF 4 MH- I 2. Term. The term of this Agreement shall be for five (5) years from the date of this Agreement. 3. 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, OMH may terminate this Agreement immediately and without notice, if OMH determines 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. 4. Standards of Performance. In exercising the authority delegated hereunder, the Agency shall 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, except those done personally by the owner, 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 in the fee schedule required by A.A.C. R4-34-501. 5. Fees Charged by the Agency. Permit fees charged by the Agency 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 be 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 functions delegated to the Agency in paragraph I 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 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: Larry Pointer Title: Assistant Director Phone: (602) 255-4072 C-h MH- 2 b. If intended for Agency, to: Town of Marana 3696 West Orange Groove Road Tucson, AZ 85741 Attn: Jack Holden Title: Building Official Phone: (520) 297-2920 10. InteMretation 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. Headings. Headings are for convenience only and are not to be construed as part of this Agreement. 12. Invalidily 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. 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. §§ 12-133.1) 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 A.R.S. § 38-511, the provisions of which are incorporated herein. 16. Prohibition Aszainst Discrimination. In the event that it applies, the parties agree to comply with the Arizona Governor's Executive Order No. 99-4. zES .3 17. Governiny, 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. MH- 3 18. Unavailabilijy of Funding. Every payment obligation of the State or OMH under this Agreement is conditioned upon the availability of ftinds 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 ftinds are available. No liability shall accrue to the State or OMH 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. 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 AGENCY: TOWN OF MARANA Name: T?T?Poinfer, Assistant Director Office of Manufactured Housing Arizona Department of Building and Fire Safety Nam L ? ?Bobby ?Suttonr. Mayor Town of Marana 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 /,T- day of "3-AWt/, Wir. _-,,--'-Public Agency4k1;oun:se1? MH- 4 STATE OF ARIZONA OFFICE OF THE A7-,CRNEY GENERAL JANET NAPOI-ITANO A77ORNEY GENERAI. 1275 IP/Es-, WASHINGTON, P40ENIX, AZ. 35007-2926 MAIN PHONE: (602) 542-5025 FACSIMILE: (602) 542-4085 INTERGOVERNMENTAL AGREVNIENT DETERMINATION KRO 2 - 010 8 Attorney General Contract No. which is an Agreement between public 0 agencies, has been reviewed pursuant to A.R. S. § 11 -9 5 2 by the undersigned Assistant Attorney General, who has determined that it is in the proper form and is within the powers granted under the taws of the State of Arizona to those Parties to the Aareement represented by the Attorney General. Dated this Day of ")-a-0te( 2 0 JAINET NAPOLITANO The Attorney General ,7'AsAi5fant Attorney Genera? 113576.1