LEAD HAZARD REDUCTION PROGRAM AGREEMENT.PDF

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 ___-__-___, 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 Lead Hazard Reduction Program.
2.2 The County and independent Contractors (see paragraph 3.0), will provide Lead
Hazard Reduction activities at the Property at no cost to the Owner.
3.0 WORK TO BE PERFORMED
3.1 County staff will create a Scope of Work after a Lead Hazard Control Specialist
has visited and inspected the Property for any Lead Hazards.
3.2 The Scope of Work, which is attached as Attachment #1 for informational
purposes only, identifies areas that require remediation and removal.
3.3 Each Contractor hired by the County will be an independent contractor that is
licensed in the State of Arizona, properly certified in Lead Renovation, Repair,
and Painting (RRP), 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 Lead
Hazard Removal 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.
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4.0 RESPONSIBILITIES OF THE PARTIES
4.1 The County will:
4.1.1 Visit the Property to inspect the Property for any Lead Hazards. Lead
Hazards are considered:
4.1.1.1 dust or soil that may contain Lead; and
4.1.1.2 Lead-Based Paint Hazards could be identified in an inspection
such as chipping or deteriorated paint.
4.1.2 Coordinate with a Community Health Nurse to complete health
assessments and complete tests on children in the home that may be
impacted by Lead Hazards.
4.1.3 Create a Scope of Work that identifies areas that may contain Lead
Hazards and any work that may be necessary to remediate and remove
Lead Hazards.
4.1.4 Hire a County Contractor to:
4.1.4.1 Test the Property for Lead Hazards.
4.1.4.2 Complete work to remediate and Lead Hazards.
4.1.4.3 Remove and/or reduce Lead Hazards that have been identified
in the Scope of Work.
4.1.5 Pay for temporary relocation of all individuals currently living in the
household to a Hotel/Motel in the local area if health and safety concerns
are identified while the Scope of Work activities are being completed.
The County will pay for the hotel/motel costs on a case-by-case basis
for a maximum of 10 days.
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 to visit the Property to check for any Lead hazards.
4.3.2 Meet with the Community Health Nurse for health assessments and
blood tests to be completed on family members that may be impacted
by Lead hazards.
4.3.3 Approve the Scope of Work that identifies areas that may have Lead
Hazards and any work that may be necessary to remediate and remove
hazards.
4.3.4 Allow each Contractor to remove and/or reduce any Lead Hazards that
have been identified in the Scope of Work.
4.3.5 Remove and/or move any furniture or appliances that may be in the
areas that will be worked on to remediate and remove Lead Hazards.
4.3.6 Agree to temporarily relocate household members to a Hotel/Motel in
the local area if health and safety concerns are identified while the Scope
of Work activities are being completed. The County will pay for the
hotel/motel costs on a case-by-case basis for a maximum of ten days.
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
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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 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
County Contact: David Underdonk, Lead Hazard Control Specialist
Address: 234 N. Central Ave. Phoenix, AZ 85004
Phone Number: 602-372-3805
Email Address: David.Underdonk@Maricopa.gov
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 be 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 household members 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.
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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 Lead Hazard Control Specialist and a recommendation will be
made on how best to resolve the issue.
10.3 If the issue remains unresolved and unsatisfactory, then the Assistant Director
for the Housing and Community Development Division shall make a final
determination on the issue.
Rachel Milne
Desk: 602-372-1528 | Cell: 602-487-5285
Rachel.Milne@Maricopa.gov
10.4 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.
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
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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.
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.]
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IN WITNESS, the Parties have approved and signed this Agreement:
Approved By: Approved By:
Each Owner MARICOPA COUNTY
Signature of Owner Date Bruce Liggett Date
Director, Human Services Department
Signature of Owner Date
APPROVED AS TO FORM:
Deputy County Attorney Date
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Attachment #1
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