HomeMy WebLinkAboutResolution 2004-150 IGA with pima county for billing of sewer user accountsMARANA RESOLUTION NO. 2004-150
RELATING TO WATER SERVICE; APPROVING AND AUTHORIZING THE EXECUTION OF
THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA AND
PIMA COUNTY FOR BILLING OF SEWER USER ACCOUNTS AND PROVISION OF WATER
CONSUMPTION DATA.
WHEREAS, Pima County ("County") is empowered by A.R.S. 11-264 to operate and
maintain a public sanitary sewerage system and is the designated public sewer system provider for
the residents of Pima County; and
WHEREAS, the Town of Marana ("Town") is a public water provider for residents of a
portion of Pima County; and
WHEREAS, the Town and the County wish to accommodate the shared customers of both
entities by billing sewer user fees based on the Town's customer water use data; and
WHEREAS, it is necessary for the County to acquire water use data from the Town in order
to calculate the statutorily authorized billing of sewer user fees to county residents; and
WHEREAS, the County wishes to enter into an intergovernmental agreement with the Town
to receive and utilize the Town's customer water use data for the purpose of calculating, billing and
collecting sewer user fees from the Town's customers; and
WHEREAS, the Town is willing to provide its customer water use data to the County and
wishes to enter into an intergovernmental agreement with the County for this purpose;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. The intergovernmental agreement between the Town of Marana and Pima
County for the purpose of exchanging water use and sewer user data is hereby authorized and
approved.
SECTION 2. The Mayor is hereby authorized and directed to execute, and the Town Clerk
in hereby authorized and directed to attest to, said Exhibit A for and on behalf of the Town of
Marana.
SECTION 3. The various Town officers and employees are authorized and directed to
perform all acts necessary or desirable to give effect to this resolution.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 16th day of November 2004.
ATTEST:
~a,~, ~rS~n A~ey
RSO 041116 PCWW RSO 2004-150 2 APM 11/09/2004
INTERGOVERNMENTAL AGREEMENT
for
Billing 6f Sewer User Accounts and
Provision of Water Consumption Data
This Intergovernmental Agreement (Agreement) entered into pursuant to ARS § 11,
Chapter 7, Article 3, by and between the Town of Marana Water Department (Town);
and Pima County, Arizona, a body politic and corporate, a political subdivision of the
State of Arizona (County).
RECITALS
A. The County is empowered by A.R.S. § 11-264 to operate and maintain a public
sanitary sewerage system and is the designated public sewer system provider for the
residents of the Town.
B. The Town is a public water provider and provides water to its residents.
C. The Town and County wish to accommodate their shared customers by billing sewer
user fees based on the Town's customer water use data.
D. The Town is the sole source of water use data for its customers.
E. The Town and the County intend to reduce the number of delinquent sewer accounts.
NOW THEREFORE, in furtherance of these matters, the Town and the County agree:
ARTICLE I
The Town shall bill and collect sewer user fees authorized by the County's sewer user fee
ordinance. As part of the billing and collection system for the water utility, it is
understood that the Town will be billing and collecting the following type of accounts:
A. Water and Sewer Accounts - customer is receiving water from the Town water utility
and dischar~dng wastewater into the County sewerage system.
ARTICLE II~
TOWN'S RESPONSIBILITIES
The Town shall provide the following sewer billing and collection services for the
County:
A. Provide water consumption data for each water and sewer account and provide
monthly billings and collection of these accounts;
B. Update all water and sewer' accounts (mm-on and tm-off) to maintain an accurate,
active customer file;
C. Bill and disconnect delinquent sewer accounts in same manner the Town uses to bill
and disconnect delinquent water accounts, and transmit delinquent account information to
the County for collecting those delinquent sewer accounts that cannot be collected
through the water billing system;
D. Process sewer user fee adjustments transmitted by the County and adjust sewer user
fees in accordance with adjustment policies authorized by the County;
E. Maintain an accurate, computerized sewer billing and accounts receivable;
F. Provide the County with read-only access to the computerized customer billing system
maintained by the Town;
G. Provide the County with winter (December, January, and February) water use data for
those sewer users on the Town water system;
H. Provide the County with all necessary and agreed upon computer-oriented reports
required to effectively manage the revenues and customer accounts of the sewer utility;
I. Provide the County with the ability to insert sewer utility-related information into the
monthly customer billings;
J. Upon receipt of sewer user fee payments, the Town shall deposit the funds with the
County Treasurer as per the agreed upon schedule;
K. At the County's option, the Town shall provide a register showing active account
status of each account on a monthly basis and will provide a final delinquent account
register of all accounts considered as the inactive final billing register;
L. The Town shall provide a Project Manager for this agreement who shall serve as
liaison with the County on all issues relating to this Agreement;
M. The Town shall provide the County with th_e opportunity to provide input to any
billing system changes prior to implementation; - -
N. The Town shall cooperate with the County to develop procedures and reporting
modifications to satisfy deficiencies identified in yearly audits; and
O. To the extent possible, the Town shall provide additional computer services in the
form of special computer programs or printouts to the County at no cost.
ARTICLE III
COLrNTY' S RESPONSIBILITIES
A. For performing all of the services described in Article II above, the County agrees to
pay and the Town agrees to offset against amounts owed the County, a monthly
administrative billing fee of $.59 per account per month, not to exceed $75,000 for the
three (3) year term of this Agreement. Such fees will reimburse the Town for the cost of
billing and collection services.
B. The County also agrees to:
1. Adjust Town sewer-user fee accounts as required;
2. Answer sewer complaints from Town customers;
3. Accept responsibility to collect all delinquent sewer accounts served by the To~m
after they have been written offto bad debt expense by the Town; and
4. Inspect and identify any computer errors and notify the Town of any necessary
changes.
C. The County and Town will review and adjust the monthly administrative billing fee
on an annual basis, provided the fees are appropriate.
D. The County and Town agree to provide security measures for all hardware and
software to assure confidentiality of all data. Each entity is to provide security for its own
facility and information.
ARTICLE IV
ACCESS TO RECORDS
A. The Town shall maintain books, records, documents, and other evidence directly
pertinent to its performance under this Agreement in accordance with generally accepted
accounting principles and practices consistently applied. The Town shall also maintain
the financial information and data-used by the Town in time preparation or support of the
cost submission and a copy of the cost summary submitted to the County. The County
shall have access to such books, records, documents, and other evidence for inspection,
audit and copying. The Town shall provide proper facilities for such access and
inspections.
B. Audits conducted under this article shall be performed in accordance with generally
accepted auditing standards and established procedures and guidelines of the reviewing
or auditing Agency(ies).
C. The Town agrees to the disclosure of all information and reports resulting from access
to records, as described in Article IV(A), to the County-designed auditor, provided that
the Town is afforded the oppommity for an audit exit conference and an opportunity to
comment and submit any supporting documentation on the pertinent portions of the draft
audit report and that the final audit report will include written comments of reasonable
length, if any, of the Town.
D. At the County's request and with the concurrence of the Town, the Town may
provide billing and collection services for sewer accounts receiving water from private
water companies. If the Town agrees to provide billing and collection services for these
accounts, the County shall pay fees as described in Article III(A), above.
ARTICLE V
A. Non-discrimination. Town shall not discriminate against any employee, client or any
other individual in any way involved with the County and Town, because of race, age,
creed, color, religion, sex, handicap or national orion in the course of carrying Town's
duties pursuant to this Agreement. Town agrees to comply with the provisions of the
Arizona Executive Order 75-5, as amended by Executive Order 99- 4.
B. Americans with Disabilities Act. Town shall comply with all applicable provisions of
the Americans with Disabilities Act (Public Law 101-336,42 U.S.C. 12101-12213) and
all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36.
C. Effective Date. This Agreement shall be effective upon filing the ori~nal hereof with
the Office of the Pima County Recorder and shall expire on January 30, 2008 unless
earlier terminated by either party in accord with the terms of this Agreement.
D. Terminatiorff~ancellation.
1. This Agreement may be terminated by either the County or the Town with written
one hundred-twenty (120) day notice. This Contract is subject to cancellation for conflict
of interest pursuant to ARS § 38-511, the pertinent provisions of which are incorporated
into this Contract by reference.
2. Notwithstanding any other provision in this Agreement, this Agreement may be
terminated if for any reason the Pima County Board of Supervisors does not appropriate
sufficient monies for the purpose of maintaining this Agreement. In the event of such
cancellation, Pima County shall have no further obligation to Town other than for
payment for services rendered prior to cancellation.
E. Indemnification. To the fullest extent permitted by law, each party agrees to defend,
indemnify, and hold harmless the other party and the other party's officers, agents, and
employees from all claims, losses, and causes of actions arising out of, resulting from, or
in any manner connected with this Agreement, but only to the extent such claim, loss,
cause of action, damage or injury is caused or contributed to by the negligent acts or
omissions of the indemnifying party.
F. It is not intended by this Agreement to, and nothing contained in this Agreement shall
be construed to create any parmership, joint venture, or employment relationship between
the parties.or create any employer-employee relationship between the parties. No party
hereto shall be liable for any debts, accounts, obligations, or other liabilities whatsoever
of the other.
G. Worker's Compensation. Each party shall comply with the notice ofA.R.S. § 23-
1022(E). For purposes ofA.R.S. § 23-1022, each party shall be considered the primary
employer of all personnel currently or hereafter employed by that party, irrespective of
the operations of protocol in place, and said party shall have the sole responsibility for the
payment of Worker's Compensation benefits or other fringe benefits of said employees.
H. Rights and Duties of Parties. This Agreement is intended to govern the rights and
duties of the contracting parties only and is not intended to confer on any third party any
rights or benefits which would not exist in the absence of this Agreement.
I. Entire Agreement. This document constitutes the entire Agreement bem, een the
parties pertaining to the subject matter hereof, and all prior or contemporaneous
agreements and understandings, oral or written, are hereby superseded and merged
herein. This Agreement shall not be modified, amended, altered or extended except
through a written amendment signed by the parties and recorded with the Pima County
Recorder.
COUNTY OF PIMA
TOWN OF MARANA
By: By:
Chairman, Pima County Board of
Supervisors
Date: Date:
Mayor, Town of Marana Water Dept.
ATTEST: ATTEST:
Clerk, Board of Supervisors Town Clerk
APPROVED:
Kathleen M. Chavez, P.E., Directo¢/
Pursuant to A.R.S. § 11-952, the undersigned public agency attorneys have determined that this
Intergovernmental Agreement is in proper form and is within the powers and authority granted
under the laws of the State of Arizona.
Town Attorney