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HomeMy WebLinkAboutResolution 2008-088 IGA with UA to extend membership in the water conservation alliance of southern arizonaMARANA RESOLUTION N0.2008-88 RELATING TO WATER SERVICE; APPROVING AND AUTHORIZING THE 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 economics of scale in water conservation efforts; and WHEREAS, funding for the Water CASA 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 Marana, for fiscal year 2009, will be $7,420; 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 Marana. 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 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 1St day of July 2008. Ed Ho ea, Mayor ATTEST: Jo yn C. onson, Town Clerk 'r~~~ ~F ~9 s~I! O~C~~®g e r m t i~ t~~~~a ~~ ~j~9Riz 19~:~~~" RSO 070108 Water CASA 09 RSO 2008-88 2 APM 06/24/2008 APPROVED AS TO FORM: INTERGOVERNMENTAL MEMBER AGREEMENT Between the 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 ,'' ~_ `ate r s'~, <,. This Agreement is made pursuant to the Arizona Revised Statutes § 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 § 15-1625. Member is authorized to enter into this Agreement pursuant to Arizona Revised Statute §§ 9-240 and 11-951. 1. INTRODUCTION The Town of Marana, Arizona, for its Municipal Water Department, (the Member) and 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 College of Architecture and Landscape Architecture each believe that the establishment of a more formal relationship, to be known as the Water Conservation Alliance of Southern 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 College of Architecture and Landscape Architecture 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, Water Utility Director, 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. 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 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 CASH, who will serve as anon-voting member. C. The Chairperson of the Board shall be elected by the members of the Board from the Board's membership and shall serve aone-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 the UA College of Architecture and Landscape Architecture 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 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 2009, 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 2009 will be $7,42U 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 the College of Architecture and Landscape Architecture. 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. 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 $Y0,000 or less in t.:,-p money damages only shall be resolved by arbitration pursuant to the Arizona Uniform Rules of Procedure for Arbitration. The decision of the arbitrator(s) shall be final. 14. CONFLICT OF INTEREST This Agreement is subject to the provisions of A.R.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 Lee Anne T. Peters grin o y e name Date ~~~/ ~ Town of Marana Approved as to content: /~'i-~? A-~~~ print or type na e Brad DeSpain, Director Municipal Water Department Date /~~~~ The Attached intergovernmental agreement, which is an agreement between public agencies, has been reviewed pursuant to A.R.S. § 11-952 by the undersigned Assistant Attomey 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 Attomey General. DATED this day of , 2008 The Attorney General Assistant Attorney General The Attached intergovemmental agreement, which is an agreement between public agencies, has been reviewed pursuant to A.R.S. § 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 c~S ~ day of , 2008 Tow Mar .~ ~~~~ ~~ The Attached intergovernmental agreement, which is an agreement between public agencies, has been reviewed pursuant to A.R.S. § 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 The Attorney General Assistant Attorney General 2007 The Attached intergovernmental agreement, which is an agreement between public agencies, has been reviewed pursuant to A.R.S. § 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 Pima County Attorney. DATED This day of , 2007 Pima County Pima County Attorney. INTERGOVERNMENTAL AGREEMENT DETERMINATION AGENCY NAME: AWARD: AMOUNT: PURPOSE: UNIVERSITY COLLEGE / DEPARMENT Town of Marana Upon filing with the Secretary of State $7420.00. Water Conservation Alliance Membership College of Architecture & Landscape 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~day of 5vc~. , 2008 B: U ity Attorn