HomeMy WebLinkAboutRES 16-32RESOLUTION NO. 16-32
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 HOUSING,OFFICE
OF MANUFACTURED HOUSING TO ENFORCE MANUFACTURED HOME
INSTALLATION STANDARDS.
WHEREAS,since 1988,the Arizona Department of Housing,
("formally 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 October 4, 2011, 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 on October 4, 2011; and
WHEREAS,the 2011 agreement between the City and OMH
expired on October 4,2016; and
WHEREAS,it i s the desire of both parties to eliminate
unnecessary duplication of inspections regarding manufactured
home 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. 16-32
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 g r DAY OF,44401468e 2016.
SIGNED AND ATTESTED TO THIS isirDAY OF ilLeiwoolg.2016.
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
RESOLUTION NO. 16-32
PAGE 2 OF 2
aelc. INSALACO
AGREEMENT BETWEEN
ARIZONA DEPARTMENT OF HOUSING
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
HOUSING, OFFICE OF MANUFACTURED HOUSING ("OMH") and the City of
Apache Junction, an Arizona Municipal Corporation ("Agency").
RECITALS
A)Pursuant to A.R.S. § 41-4002 the purpose of OMH is to
maintain standards of quality and safety for manufactured homes,
factory -built buildings ("FBB"),mobile homes,and the
installation of the same.
B)A.R.S.§41-4004 (B)(5)directs 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.
C)It is the desire of both parties to eliminate
unnecessary duplication of inspections regarding installation
standards within the Agency's jurisdiction.
AGREEMENT
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,Agency will monitor and enforce the installation
standards set forth in A.R.S. § 41-4004 (B)(4) 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 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,Agency
8.Inspector Training.All Agency Inspectors performing under
this Agreement shall participate in required initial and/or
periodic training as set and coordinated by OMH.
9.Duties of OMH.Should OMH require inspections of any portion
of the installation of mobile,manufactured homes,accessory
structures or FBBs 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:
Arizona Department of Housing
Office of Manufactured Housing
1110 West Washington, Suite #280
Phoenix, AZ 85007-2935
Attn:
Title:
Phone:
Email:
Debra Blake
Deputy Director
(602) 364-1022
debra.blake@azhousing.gov
b.If intended for Agency, to:
City of Apache Junction
300 East Superstition Blvd.
Apache Junction, AZ 85119
Attn:
Title:
Phone:
Email:
Dave Zellner
Building Official
(480) 474-5084
dzellner@ajcity.net
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 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
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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(0)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.
erest.The parties acknowledge that this
to cancellation by the Governor of Arizona
§38-511,the provisions of which are
16.Conflict of Interest.
Agreement is subject
pursuant to A.R.S.
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 parties 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 this 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.
20.E -verify.To the extent applicable under A.R.S. § 41-4401,
each party and its respective subcontractors warrant compliance
-4-
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 or 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.
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.
OMH:AGENCY:
Name:Name:
Michael Trailor,Director John S. Insalaco, Mayor
Date:Date:
ATTEST:
Kathy Connelly, City
Clerk
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APPROVAL AS TO FORM
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 AS TO FORM:
BY:
Richard J. Stern, City
Attorney
Date:
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.
BY:
Assistant Attorney General
DATE:
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