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Home My WebLink AboutRES 11-44RESOLUTION NO. 11-44 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH ARIZONA DEPARTMENT OF FIRE,BUILDING AND LIFE 'SAFETY OFFICE OF MANUFACTURED HOUSING TO ENFORCE MANUFACTURED HOME INSTALLATION STANDARDS. WHEREAS,since 1988,the Arizona Department of Fire, Building and Life Safety., Office of Manufactured Housing ("OMH") and the City of Apache Junction,an Arizona municipal corporation ("City"),have had a legal arrangement through an Intergovernmental Agreement ("IGA")whereby the City is authorized to enforce OMH 'manufactured home installation standards; and WHEREAS,on June 1,2006,the City and OMH entered into another IGA to allow City to continue enforcing OMH installation standards in City's corporate limits,which agreement was approved by Council consent on July 18, 2006; and WHEREAS,the 2006 agreement between the City and OMH expired on June 1, 2011; and WHEREAS,it is the desire of both parties to eliminate unnecessary duplication of inspections regarding installation standards within the City's jurisdiction; and WHEREAS, the parties have crafted a written agreement which sets forth the conditions for continuing such arrangement; and WHEREAS,pursuant to A.R.S.§11-952(A),public entities may enter into intergovernmental agreements with other municipalities and governmental entities for joint or cooperative activities. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS: 1)The Mayor and City Council approve the attached IGA to enforce installation standards;and the Mayor is hereby authorized to sign the attached agreement on behalf of the City. RESOLUTION NO. 11-44 PAGE 1 OF 2 2)The Building Official and his staff are authorized to implement the terms and Obligations of the agreement. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS 4TH DAY OF ,0C.TORER , 2011. SIGNED AND ATTESTED TO THIS 4TH DAY OF OCTOBER ,2011. ATTEST: 42 ae.,„(1;1 if< (ATHLEEN CONNELLYKATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: .z=.0 /0.3 .it RICHARD J.STERN City Attorney RESOLUTION NO. 11-44 PAGE 2 OF 2 ATTACHMENT A AGREEMENT BETWEEN ARIZONA DEPARTMENT OF FIRE, BUILDING AND LIFE SAFETY OFFICE OF MANUFACTURED HOUSING AND City of Apache Junction TO ENFORCE INSTALLATION STANDARDS This AGREEMENT ("Agreement") is entered into this day of , by and between the ARIZONA DEPARTMENT OF FIRE, BUILDING AND LIFE SAFETY, OFFICE' OF MANUFACTURED HOUSING ("ONE") and the City of Apache Junction ("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 OMH to enter into agreements with local enforcement agencies to enforce the installation standards in their respective jurisdictions consistent with the installation standards of OMR; 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 accessory, structures. 2.Term.The term of this Agreement shall be for five (5) years from the date of this Agreement. 3.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 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.Monthly 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 submitted with the monthly report.The monthly report with copies of permits shall be submitted by mail, fax, or email, on or before the 15th 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 final installation inspection 5.Fees Charged by the Agency.Permit fees charged by the Agency shall 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.Termination.Either party may terminate this Agreement at any time without cause by giving the other party thirty (30) days written notioe 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 Training.All Agency Inspectors performing under this Agreement shall participate in required initial and/or periodic training as set and coordinated by the State. 9.Duties of OMB.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 b e 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: Title: Phone: Debra Blake Deputy Director (602) 364-1022 b.If intended for Agency, to: City of Apache Junction 300 East Superstition Blvd. Apache Junotion,AZ 85119 Attn:.Dennis Dixon .Title:Building Official Phone:480-474-5084 11.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. 12.Headings.Headings are far 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.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 12-1518. 15.Inspection 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 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. 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 o f Funding.Every payment or financial obligation of the p a r t i e s 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 any party at the end of the period for which funds are available.No liability shall accrue to any party in the event t h i s provision is exercised, 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. 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: Name:Name: Debra Blake, Deputy Director Department of Fire, Building and Life Safety Office of Manufactured Housing ATTEST: , Mayor , City Clerk APPROVED this day of 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. BY: , City Attorney This Intergovernmental Agreement has been reviewed pursuant to A.R.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 BY: Assistant Attorney General