2025 ISA w/AZ Dept Of Housing

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INSPECTION SERVICES AGREEMENT 
BETWEEN 
ARIZONA DEPARTMENT OF HOUSING 
AND 
CITY OF EL MIRAGE 
TO ENFORCE INSTALLATION STANDARDS 
This AGREEMENT (“Agreement”) is entered into this ______day of ______________,______, 
by and between the ARIZONA DEPARTMENT OF HOUSING (“ADOH”) and the City Of 
El Mirage (“Agency”). 
WHEREAS, pursuant to Arizona Revised Statutes (A.R.S.) § 41-4002 the purpose of 
ADOH 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. § 41-4004 (A) (5) directs ADOH to enter into agreements with local 
enforcement agencies to enforce the installation standards in their respective jurisdictions 
consistent with the installation standards of ADOH; 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. § 41-4004 (A)(4) and Arizona
Administrative Code (A.A.C.), including but not limited to, R4-34-102, R4-34-204, R4-34-606
and R4-34-801 as they apply to installation standards and accessory structures.
2.
Term.  The term of this Agreement shall be for three (3) 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 ADOH 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 ADOH pursuant to the authority by
A.A.C. R4-34-501.

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4.
Reporting.  The Agency in this Agreement shall complete electronic reporting to ADOH
via an online portal. A copy of each issued permit and corresponding installation inspection reports
for mobile homes, HUD manufactured homes or factory built buildings shall be submitted within
the portal. All permit and inspection activity shall be on submitted once per week if not reported
to ADOH on a daily basis.
5.
Fees Charged by the Agency.  Permit fees charged by the Agency shall be the same
as the Fee Schedule created by ADOH pursuant to its authority under A.R.S. § 41-4010 (A) (4),
A.R.S. § 41-4010 (A) (5) 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 notice prior to the date of termination.  Additionally,
ADOH may terminate this Agreement immediately and without notice, if ADOH 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 ADOH.  Should ADOH 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, ADOH 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 ADOH to:
Arizona Department of Housing
Office of Manufactured Housing
1110 West Washington, Suite #280
Phoenix, AZ 85007-2935
Attn: Tara Brunetti  
Title: Assistant Deputy Director 
Phone: (602) 771-1035 
b.
If intended for Agency, to:

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City of El Mirage 
10000 N. El Mirage Rd. 
El Mirage, Arizona 85335 
Attn: 
Brigham Bennett 
Title: 
Building Official 
Phone:    (623) 251-3502 
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 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 of 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
ADOH nor Agency shall be obligated or liable for any future payments nor for any damages as a
result of termination under this paragraph.

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20.
E-verify. To the extent applicable under A.R.S. § 41-4401, each party and its respective
subcontractors warrant compliance 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.
21.
Antitrust Violations.  To the extent applicable, Agency assigns to the Department any claim
for overcharges resulting from antitrust violations to the extent that such violations concern
materials or services supplied by third parties to the Agency toward fulfillment of this Agreement.
22.
Boycott of Israel.  To the extent applicable and permitted by law, Agency warrants that it
is not currently engaged in, and agrees for the duration of the contract to not engage in, a boycott
of goods or services from Israel as defined by A.R.S. § 35-393.01, as may be amended from time
to time.
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. 
ARIZONA DEPARTMENT OF HOUSING: 
Names:  ______________________________ 
 Tara Brunetti, Asst. Deputy Director      
             Arizona Department of Housing 
CITY OF EL MIRAGE:
Name: 
Alexis A. Hermosillo, Mayor  
ATTEST: 
Sharon Antes, City Clerk     
APPROVED this ______ day of ___________________, ______. 
This Agreement has been reviewed by the undersigned attorney for the Agency who has 
approved the Agreement as to form.
BY:  ______________________________
Justin Pierce, City Attorney