HomeMy WebLinkAboutResolution 2005-071 IGA to extend membership in the water conservation alliance of southern arizona
MARANA RESOLUTION NO. 2005-71
RELATING TO WATER SERVICE; APPROVING AND AUTHORIZING TIlE EXECUTION OF
THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA AND
THE UNIVERSITY OF ARIZONA TO EXTEND MEMBERSHIP IN THE WATER
CONSERVATION ALLIANCE OF SOUTHERN ARIZONA.
WHEREAS, the Water Conservation Alliance of Southern Arizona (Water CASA) and the
Town share a common goal in the area of efficient use of the region's limited water resources,
implementing effective conservation measures and rate designs, protecting community aesthetics and
quality of life by promoting attractive, low-water-use landscaping, and improving water resource
management in general; and
WHEREAS, the Water CASA is designed to allow municipalities in Southern Arizona to
share experience, skills and information and to benefit from economies of scale in water conservation
efforts; and
WHEREAS, funding for the Water CAS A comes from annual contributions from member
fees, calculated by assessing a base fee, an assessment based upon the service area population, and an
assessment based upon the acre-feet of water delivered; and
WHEREAS, the membership fee for the Town of Maran a, for fiscal year 2006, will be $6,380;
and
WHEREAS, the Mayor and Town Council have determined that the Town's membership in
the Water CASA is in the best interest of the residents of the Town of Mar ana.
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 the
University of Arizona, attached as Exhibit A to and incorporated here by this reference, to extend
membership in Water CASA, is hereby authorized and approved.
SECTION 2. The Utilities Director is hereby authorized and directed to execute said Exhibit
A for and on behalf of the Town of Mar ana.
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 21st day of June, 2005.
E/~
Mayor ED HONEA
ATTEST:
APPROVED AS TO FORM:
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RSO 050621 Water CASA 05 RSO 2005-71
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APM 06/21/2005
INTERGOVERNMENTAL MEMBER AGREEMENT
Between the
NO. ____'2-1\3~1
Filed with the Secretary of State
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TOWN OF MARANA, ARIZONA
and
ARIZONA BOARD OF REGENTS
for the
UNIVERSITY OF ARIZONA
Tucson, Arizona
to extend membership in the
WATER CONSERVATION ALLIANCE
OF SOUTHERN ARIZONA
This Agreement is made pursuant to the Arizona Revised Statutes 9 11-951 et.seq.,
between the Arizona Board of Regents on behalf of the University of Arizona, hereinafter
called the UA, and the Town of Marana, Arizona, hereinafter called Member.
The Arizona Board of Regents on behalf of the University of Arizona is authorized to enter
into this Agreement pursuant to Arizona Revised Statute 9 15-1625. Member is authorized
to enter into this Agreement pursuant to Arizona Revised Statute 99 9-240 and 11-951.
1. INTRODUCTION
The Town of Marana, Arizona, for its Municipal Water Department, (the Member) and
the Drachman Institute of the College of Architecture and Landscape Architecture at the
University of Arizona (UA), Tucson, share common goals in the areas of efficient use of
the region's limited water resources, implementing effective conservation measures and
rate designs, protecting community aesthetics and quality of life by promoting attractive,
low-water-use landscaping, and improving water resources management in general. In
furtherance thereof, the organizations have developed experienced staffs which are
involved in the planning, development, and evaluation of water conservation measures
and programs and related water resource management, and research and publication
in these areas.
The Member and the Drachman Institute, each believe that the establishment of a more
formal relationship, to be known at the Water Conservation Alliance of Southern
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Arizona (Water CASA), will enhance their abilities to continue and expand these
activities through the hiring of qualified conservation specialists, sharing of analyses
and experiences, and cooperating with other interested parties to achieve greater
effectiveness and economies of scale.
Therefore, the Agreement is established between the Member and the University of
Arizona for membership in Water CASA, to provide a basis for collaborative efforts.
2. PURPOSE
The primary purpose of Water CASA shall be to provide water conservation and
planning services to participating municipal water providers and other parties of interest
in southern Arizona. Water CASA is designed to:
I. improve the effectiveness of municipal water conservation efforts through
close collaboration between UA and the Member;
ii. join with others to share experience, skills and information and benefit
from economies of scale in conservation efforts; and
iii. serve as a focal point for cooperation in developing and managing
conservation-oriented research grants and pilot projects.
3. SCOPE OF WATER CASA
Water CASA represents a cooperative link between professional staff of the member
organizations and the University of Arizona. Water CASA will concern itself with
improving water resource management practices of its members.
As focus areas, WATER CASA will concentrate on:
I. exterior residential water conservation measures;
ii. impacts of development and trends in new construction on water demand
and conservation potential;
iii. effects of conservation measures on wastewater systems and public
health issues; and
iv. other areas as determined by the Board.
This link will be between the Drachman Institute of UA and the Member. The parties
intend through this agreement to use Water CASA as a vehicle available to any large
municipal water provider or other interested organization pursuing program evaluation
or applied research within the scope of this center's mission.
Plan of Work may be revised. Brad DeSpain, Department Manager, is the official
authorized to approve and modify such description for the Member; Val L. Little is the
official authorized to approve and modify such description for UA.
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4. STRUCTURE OF WATER CASA
Water CASA will consist of the Board, the Director, and faculty, staff, students,
administrative and clerical support personnel drawn from the Drachman Institute, the
College of Architecture and Landscape Architecture, and the UA in general.
WATER CASA Board
A. The Board of Water CASA (the Board) will have the following
responsibilities:
(1) to maintain cooperation between the sponsoring member
institutions;
(2) to create and maintain the highest standards of work;
(3) to review and approve the policies and priorities of Water CASA;
(4) to evaluate programs and activities;
(5) to review and approve the Water CASA budget and fiscal
management;
(6) to adopt appropriate by-laws, and modifications, as necessary for
the operation of Water CASA;
(7) to evaluate Water CASA Director;
(8) to make recommendations for filling a vacancy in the position of
Water CASA Director, and for hiring or filling a vacancy in the
professional staff responsible for carrying out programs; and
(9) to review and recommend revisions to this Agreement.
B. The Board shall consist of the following:
(1) one representative selected by each municipal water provider
Member of Water CASA;
(2) one representative of any other organizations interested in the work
of Water CASA and materially supporting and participating in
Water CASA activities, admitted as a Member at the discretion of
the Board; and
(3) the Director of Water CASA, who will serve as a non-voting
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member.
C. The Chairperson of the Board shall be elected by the members of the
Board from the Board's membership and shall serve a one-year term.
The Chairperson may be elected to consecutive terms.
D. The Board shall meet no less often than quarterly upon the call of the
Chairperson. More frequent or additional meetings shall be held when
called by the Chairperson or by a majority of the members.
E. Board decisions shall be by majority vote of those members present and
voting. Meetings shall be conducted in conformance with Robert's Rules
of Order.
The Director of Water CASA
A. The Director will be a UA staff member assigned to Drachman Institute to
be appointed in accordance with procedures to be established by the UA
and Water CASA, and approved by the Board. The Director shall be
evaluated annually by the Board.
B. The responsibilities of the Director are to:
(1) provide program leadership and contribute actively in the
programmatic activities of Water CASA;
(2) review all work products produced by Water CASA personnel;
(3) prepare an annual report of activity, program results, fiscal review,
following year proposed joint activities and following year proposed
Water CASA budget for presentation to the Advisory Board;
(4) manage and administer Water CASA in a manner consistent with
applicable UA, municipal, county, state and federal laws,
regulations, policies and guidelines; and
(5) maintain accountability for all funds supplied to Water CASA.
5. SUPPORT
Baseline funding for Water CASA will be provided by annual contributions from
member organizations, and used for purposes consistent with the budget approved by
the Board. The annual contribution from member municipal water providers shall
consist of a minimum pro rata amount collected from each member plus an amount
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based on the municipal provider's annual water deliveries.
The annual contribution formula for municipal water providers is $4,000 plus an amount
per acre-foot of annual water deliveries. The formula will be adjusted annually by the
Board so as to provide an adequate baseline budget for Water CASA. For fiscal year
2006, the formula will be $1.80 per acre-foot.
Contributions shall be paid to the University of Arizona as a single lump sum within 60
days of the date upon which this Agreement is signed and annually thereafter.
Contributions by members other than municipal water providers, if any, shall be
determined on a case-by-case basis by the Board in a manner that reflects the interests
of the member in Water CASA's activities and programs.
The annual membership contribution for Town of Marana, for Fiscal Year 2006 will be
~6380 .
6. POLICIES
General policies of Water CASA are:
A. All members of Water CASA shall have free access to all Water CASA
work products, compilations of data and information, and other materials.
B. No classified or confidential work will be performed by Water CASA.
Efforts will be made to disseminate the results of evaluations, pilot
projects, and applied research with other entities that may benefit from the
information.
C. Work performed on behalf of Water CASA by UA faculty, staff and
students shall be subject to applicable academic policies and standards.
D. Contracts, grants, or other agreements entered into pursuant to this
memorandum shall contain appropriate provisions relating to Equal
Employment Opportunity and Non-Discrimination.
7. RESPONSIBILITIES OF THE MEMBER ORGANIZATIONS
Each member organization takes full financial responsibility for implementing its
obligations under this agreement. Each Party's ability to perform under this Agreement
is contingent upon funding authorization.
In addition to the process described in Section 6 concerning financial support to the
University from Member organizations, each Party shall be free to enter into agreement
with WATER CASA or DRACHMAN INSTITUTE to provide additional water resource-
related services of benefit to the individual Party. Such work will not be subsidized by
the operating budget of Water CASA.
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This Agreement shall not be construed as limiting the ability of any member
organization to contract with or enter into any sort of agreement with other
organizations to provide water conservation and planning services.
8. PERIOD OF AGREEMENT
The period of this Agreement shall be for one year from the effective date of this
agreement. The Parties may extend this period upon their mutual agreement. Either
party may terminate this Agreement upon 60 days advance written notice.
9. OTHER AGREEMENTS
In the event any grant or cooperative agreement is issued in association with this
Agreement, the terms of such grant or cooperative agreement shall control and any
inconsistency between any such provision and any provision of this Agreement shall be
resolved in accordance with said grant or cooperative agreement.
10. APPLICABLE LAW
This Agreement shall be governed solely by Arizona law for all purposes including, but
not limited to, determining the validity of this Agreement, the meaning of its provisions,
and the rights, obligations and remedies of the parties.
11. ASSIGNMENT
This Agreement may not be assigned, in whole or in part, by either party without the
prior written approval of the other party to this Agreement.
12. STATE OBLIGATION
The parties recognize that the performance by the Arizona Board of Regents for and on
behalf of the University of Arizona may be dependent upon the appropriation of funds
by the State Legislature of Arizona. Should the Legislature fail to appropriate the
necessary funds or if the University's appropriation is reduced during the fiscal year, the
Arizona Board of Regents may reduce the scope of this agreement if appropriate or
cancel the Agreement without further duty or obligation. The Board of Regents agrees
to notify the other party as soon as reasonably possible after the unavailability of said
funds comes to its attention. Should the Agreement be canceled or its scope materially
reduced to a level that Water CASA Board decides is no longer useful, the University
of Arizona shall refund to the Members on a pro rata basis all unspent contributions.
13. ARBITRATION
The parties agree that any dispute arising under this agreement involving the sum of
$30,000 or less in money damages only shall be resolved by arbitration pursuant to the
Arizona Uniform Rules of Procedure for Arbitration. The decision of the arbitrator(s)
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shall be final.
14. CONFLICT OF INTEREST
This Agreement is subject to the provisions of A.R.S. S 38-511 and the State of Arizona
may cancel this Contract if any person significantly involved in negotiating, drafting,
securing or obtaining this Contract for or on behalf of the Arizona Board of Regents
becomes an employee in any capacity of any other party or a consultant to any other
party with reference to the subject matter of this Contract while the Contract or any
extension hereof is in effect.
15. NON-DISCRIMINATION
The parties agree to be bound by applicable state and federal rules governing Equal
Employment Opportunity and Non-Discrimination.
IN WITNESS WHEREOF, the Parties do hereby execute this Agreement effective as of
the date later in time indicated below.
University of Arizona
Board of Regents
Town of Marana
Approved as to content:
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Lee Anne T. Peten
Contract Officer
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pnnt or type name
Brad DeSpain, Manager
Municipal Water Department
Date IO/Zi./IOS
Date /1/6/ /cIs'
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The Attached intergovernmental agreement, which is an agreement between public
agencies, has been reviewed pursuant to A.R.S. 9 11-952 by the undersigned
Assistant Attorney General who has determined that it is in proper form and is within the
powers and authority granted under the laws of the State of Arizona to those parties to
the Agreement represented by the Attorney General.
DATED this
day of
,2005
The Attorney General
Assistant Attorney General
The Attached intergovernmental agreement, which is an agreement between public
agencies, has been reviewed pursuant to A.R.S. 9 11-952 by the undersigned legal
representative of the Town of Marana, Arizona, who has determined that it is in proper
form and is within the powers and authority granted under the laws of the State of
Arizona to those parties to the Agreement represented by the Town of Marana
Attorney.
DATED This -1fl day of ~ , 2005
T own of Marana
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INTERGOVERNMENTAL AGREEMENT
DETERMINATION
AGENCY NAME:
Town of Marana
AWARD:
Upon filing with the Secretary of State
AMOUNT:
$6379.64.
PURPOSE:
Water Conservation Alliance
Membership
UNIVERSITY COLLEGE / DEPARMENT
College of Architecture & Landscape
Architecture. Drachman Institute
The undersigned has determined that the foregoing agreement is in proper form and
within the powers and authority granted under the laws of the State of Arizona to the
Arizona Board of Regents, University of Arizona.
Dated this ;).l{ r-M day of Oc.hbev-: 2005
BY~~~.
University Attorney
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