PROPERTY OWNER AGREEMENT DRAFT.PDF
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Page 1 of 6 AGREEMENT BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND [PROPERTY OWNER(S)] Agreement Number: _____________ Agreement Start Date: ____________ 1.0 PARTIES 1.1 This Agreement is between the Owner(s) of Record (“Owner”) and Maricopa County, administered by its Human Services Department (“County”). The Owner and County collectively are referred to in this Agreement as the “Parties” and individually as a “Party.” 1.2 Name of each Owner: __________________________________________. Phone number of each Owner: ____________________________________. Email address of each Owner: ____________________________________. The Property, Maricopa County tax parcel number [APN], is located at _____________________________, Maricopa County, Arizona. 2.0 PURPOSE 2.1 The purpose of this Agreement is to identify the roles and responsibilities of each Party regarding the Water and Wastewater Infrastructure Program. 2.2 The County and independent Contractors (see paragraph 3.0) will provide water and wastewater remediation activities at the Property at no cost to the Owner. 3.0 WORK TO BE PERFORMED 3.1 A Civil Engineer will create a Scope of Work after a Maricopa County Rural Development Coordinator has coordinated an initial site visit with the Civil Engineer and Owner to inspect the Property for any septic-related violations. 3.2 The Scope of Work Summary, which is attached as Attachment #1 for informational purposes only, identifies areas that require remediation. 3.3 Each Contractor hired by the County will be an independent contractor that is licensed in the State of Arizona, properly certified in environmental services construction, insured, and qualified to perform the work on the Property. 3.4 County staff will inspect all work performed by each Contractor to ensure the Contractor has completed the renovations as stated in the Scope of Work. County staff will provide the Owner with details on the areas that require remediation and the process to ensure all work is completed. 3.5 The Owner will cooperate with each Contractor so that work activities can be completed in the allocated time and as required in the Scope of Work. Page 2 of 6 4.0 RESPONSIBILITIES OF THE PARTIES 4.1 The County will: 4.1.1 Coordinate a visit to the Property with the Civil Engineer to inspect the Property for any water or wastewater related violations. 4.1.2 Coordinate with the Civil Engineer who will create a Scope of Work that identifies areas of septic-related violations and any work that may be necessary to remediate the violation(s). 4.1.3 Hire a County Contractor to: 4.1.3.1 Complete work to remediate the septic-related violations identified in the Scope of Work. 4.2 While each Contractor will be hired by Maricopa County to complete the Scope of Work, the Contractor will be an Independent Contractor. Each Contractor will be responsible for all laborers, subcontractors, or suppliers associated with the Contractor completing the Scope of Work. Contractors will not request payment of any type from the Owner. 4.3 The Owner will: 4.3.1 Allow the County and its representatives to visit the Property to check for any septic-related violations. 4.3.2 Approve the Scope of Work that identifies areas of septic-related violations and any work that may be necessary to remediate the violation(s). 4.3.3 Attend a preconstruction meeting with the County, its representatives, and contractors. 4.3.4 Allow each Contractor to remove and/or reduce septic-related violations that have been identified in the Scope of Work. 5.0 ACCESS TO PROJECT SITE 5.1 The Owner agrees to cooperate with the County staff and each Contractor and to allow access to the Property for inspections and completion of the Scope of Work Monday through Friday 6:00 a.m. to 6:00 p.m. (excluding federal and state holidays). If necessary, the Owner, County staff, or each Contractor may make other arrangements for access to the Property. 5.2 It is understood that the Property may be occupied by the Owner and/or residents when the Scope of Work is being completed. 6.0 TIME FOR COMPLETION 6.1 The County will provide oversight of each Contractor to be sure the completion of all work listed in Attachment #1 (Scope of Work) within the identified Scheduled Completion Date. However, unforeseen circumstances may occur. And, if the work cannot be completed by the Scheduled Completion Date, then the County will notify the Owner within 48 hours after learning of the revised Completion Date. The Owner will receive a written revised Scope of Work with the new Completion Date. 6.2 The County will work with each Contractor to make certain that all work is completed by the revised Completion date. 7.0 COUNTY POINT OF CONTACT Page 3 of 6 County Contact: Mitra Pratt, Rural Development Coordinator Address: 234 N. Central Ave. Phoenix, AZ 85004 Phone Number: 602-XXX-XXXX Email Address: [Mitra Pratt email] 8.0 AMENDMENTS If changes are needed to this Agreement, then they will be made through a written amendment, signed by the County and the Owner. 9.0 TERMINATION 9.1 Under A.R.S. § 38-511, the County may cancel this Agreement without penalty of further obligation within three years after execution of this Agreement if any person significantly involved in initiating, negotiating, securing, drafting, or creating this Agreement on behalf of the County is, at any time while this Agreement or any extension is in effect, an employee or agent of any other party to the Agreement in any capacity or consultant to any other party of this Agreement with respect to the subject matter of this Agreement. 9.2 This Agreement may also be terminated by the County if any of the following apply: 9.2.1 The Owner fails to fulfill any obligations or responsibilities under this Agreement. 9.2.2 The Owner does not allow access to the Property. 9.2.3 The Owner or residents interfere with the completion of the Scope of Work. 10.0 DISPUTE RESOLUTION 10.1 County staff will work with the Owner to resolve any issues in the following areas: 10.1.1 The Scope of Work. 10.1.2 Access to the Property. 10.1.3 Temporary Relocation. 10.1.4 Disagreement between the Owner and a Contractor. 10.2 If an issue is identified by either the assigned Contractor or the Owner (or both), then the County Point of Contact will be contacted via phone call within 24 hours (excluding weekends and holidays) of issue being identified. The issue will be evaluated by the Rural Development Coordinator and a recommendation will be made on how best to resolve the issue. 10.3 If the issue cannot be resolved to full satisfaction of the Parties, then the Agreement may be terminated by either Party. 11.0 HOLD HARMLESS CLAUSE The Owner agrees to indemnify, defend, and hold harmless the County, any jurisdiction or agency issuing any permits for any work arising out of this Agreement, and their respective agents, representatives, officials, officers, directors, employees, volunteers, departments, agencies, boards, committees, and commissions from any liability or claim for damages because of bodily injury, death, property damage, sickness, disease or loss and expense arising from the performance of the Scope of Work and this Agreement. Page 4 of 6 12.0 CHOICE OF LAW; VENUE This Agreement will be interpreted in accordance with and governed by the laws of the State of Arizona. The proper venue for any proceedings relating to this Agreement will be Maricopa County, Arizona. 13.0 RIGHTS/OBLIGATIONS OF PARTIES ONLY The terms of this Agreement are intended only to define the rights and obligations of the Parties. Nothing in this Agreement will create any rights or duties in favor of any potential third-party beneficiary or other person, agency, or organization. Nothing in this Agreement will affect the legal liabilities of either Party by imposing any standard of care different from the standard of care imposed by law. 14.0 UNFORSEEN DELAYS, WORK STOPPAGE OR CANCELLATION 14.1 Neither Party will be liable for: 14.1.1 failure of performance: 14.1.2 any loss or damage resulting from any delay or failure to perform all or any part of the Scope of Work if a delay or failure is caused by: 14.1.2.1 occurrences, or causes beyond the reasonable control and without negligence of the Parties. Occurrences may include: 14.1.2.1.1 pandemics; 14.1.2.1.2 acts of God/nature (including fire, flood, earthquake, storm, hurricane, or other natural disaster); and 14.1.2.1.3 lockout, blockage, embargo, labor dispute, strike, and interruption or failure of electricity or telecommunication service. 14.2 Each Party will give the other Party notice of its inability to perform the activities outlined in Paragraph 4.0 (Responsibilities of the Parties) with reasonable detail of the cause of the inability to perform. Each Party must use best efforts to resolve the situation and remove the cause of its inability to perform or comply. 14.3 The Party declaring a delay, work stoppage, or cancellation will be responsible for providing that steps are taken to minimize the delay, work stoppage, cancellation, or damages caused by the unforeseen occurrence. The other Party shall be timely notified of the likelihood or actual occurrence that would create a delay, work stoppage, or cancellation so that precautions can be taken. 15.0 ENTIRE AGREEMENT This Agreement, and attachments, contains all the terms and conditions agreed to by the Parties. No other understandings, oral or otherwise, regarding the activities of this Agreement will be deemed to exist or to bind the Parties. Nothing in this Agreement will be interpreted as agreement to any lawsuits or waiver of any defenses in a lawsuit brought against the County in any state or federal court. 16.0 SEVERABILITY The Parties agrees that should any part of this Agreement be void, the remainder of this Agreement will remain in full force and effect and will be binding on the Parties. Page 5 of 6 17.0 SURVIVAL The indemnification, defense, and hold harmless provisions of this Agreement will have full force and effect notwithstanding any other provisions in this Agreement and will survive the termination or expiration of this Agreement. [Signatures are contained on the following page.] Page 6 of 6 IN WITNESS, the Parties have approved and signed this Agreement: Approved By: Each Owner Approved By: MARICOPA COUNTY Signature of Owner Date Signature of Owner Date Jacqueline Edwards Date Director, Human Services Department APPROVED AS TO FORM: Deputy County Attorney Date