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HomeMy WebLinkAboutResolution 2002-065 IGA with oro valley concerning temporary emergency water service MARANA RESOLUTION NO. 2002-65 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, APPROVING THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA, A MUNICIPAL CORPORATION, AND THE TOWN OF ORO VALLEY, A MUNICIPAL CORPORATION, CONCERNING THE PROVISION OF TEMPORARY EMERGENCY WATER SERVICE TO THE OTHER. WHEREAS, the Town of Marana and the Town of Oro Valley are empowered by A.R.S. Section 11-251 to enter into an Intergovemmental Agreement ("IGA"); and WHEREAS, Marana and Oro Valley have requested that in the event of a temporary severe water supply deficiency due to a substantial breakdown or incapacitation of Oro Valley's or Marana's production or delivery system, a temporary emergency service interconnection be opened to supply either Town with water; and WHEREAS, in specific consideration of Mazana providing emergency service(s) to Oro Valley, Oro Valley agrees, on behalf of its heirs, successors and assigns, to certain convenants to Marana re~arding Oro Valley's proposed use of said water service; and WHEREAS, in specific consideration of Oro Valley providing emergency service(s) to Mazana, Marana ag~-ees, on behalf of its heirs, successors and assigns, to certain covenants to Oro Valley regazding Marana's proposed use of said water service; and WHEREAS, Mazana and Oro Valley shall shaze any applicable meter fees, inspecting and certifying the backflow prevention device and the cost of installing any connections to their water system; and WHEREAS, the cost of water will be equal to the standazd commercial potable water rate, includin~ the monthly service chazge for the duration of the service activation; and WHEREAS, the metered account shal] be periodically reviewed for activity, demand usa~e and frequency of use by each Town to ascertain any bill delinquencies; and WHEREAS, staff from Mazana and Oro Valley have prepazed an IGA, attached hereto, establishing the rights and responsibilities of each Town in providing temporary emergency water service to the other; and WHEREAS, the Mayor and Council determine that the acceptance of this IGA between the Town of Mazana and the Town of Oro Valley would be in the best interest of the Town of Marana. Marana. fvizona Resolution No. 2002fi5 1 of 3 NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Intergovemmental Agreement, attached hereto as Attachment A, and specifically incorporated herein by this reference, is hereby approved. PASSED AND ADOPTED by the Mayor and Council ofthe Town of Marana, Arizona, this Z 15t day of May, 2002. ATTEST: Mayor B S TON, JR. ocelyn C ntz Town Cler `vo`d~~flF1~~7/~~I''s .4PPROVED AS TO FORM: ~ OO`~` pPORATp ...i-r~o~ ~y~ _ e % ~~°.~lL = ~I ~~~~~~eNmio~°~`~`` ' ~ei J. xo~nui~, Esq. ~ ~~~~aee~iii?~°~~~ As Town Attomey and not personally Marana. Arizona Resolution No. 2002-65 2 of 3 ATTACHMENT A Intergovemmental Agreement Marana. Arizona Resolution No. 200?fi5 3 of 3 F. ADT~T RODRIGUEZ, RECORDER DO~~.KET: 11821 RSCORDED BY os PI~ F : 2 616 L.~: UTY RECORDER ~ ~ NG . OF PAGES : 9 ' 7864 PE3 ~ f~' ~ SEQUENCE: 20021150621 SMARP' 06/14/2002 TOWN OF MARANA ~;~$Z O~~' AG 16:10 ATTN: TOWN CLERK 13 2 51 N LON ADAMS RD Mp,IL MARANA AZ 85653 AMOUNr PAID $ 10.00 INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND THE TOWN OF MARANA This Aareement is entered into this day of June , 2~, by and between the Town of Oro Valley, Pima County, Arizona, a body politic of the State of Arizona, hereinafter refened to as "Oro Valley" and the Town of Marana, Pima County, Arizona, a body politic of the State of Arizona hereinafter referred to as "Marana," and collectively refened to as the "parties" pursuant to Arizona Revised Statutes § 11-951 through § 11-9~4, as amended for the purpose of providing each other with emer~ency water service. WITNESSETH: «'HEREAS, Oro Valley and Marana may contract for services and enter into an agreement with one another for joint or cooperative action pursuant to the provisions of A.R. S. § 11-9~ l, et. seq.; «'HEREAS, Oro Valley and Marana desire to provide to, and receive from, each other, temporary emer~ency water service; and - ~OW, THEREFORE, ORO VALLEY and MARANA, pursuant to the above and in consideration of the matters hereinafter set forth, do mutually a~ree as follo~~s: SECTION I. RECITAL This recital represents the general principle to which the parties have ag~-eed. The overall purpose of this A~reement is to provide for temporary emer~ency water service between Oro Valley and Marana within the boundaries of each party's respective Water Utility Service :1rea, _ and to provide for cooperation between Marana and Oro Valley in the provision of temporary = emeraency water service. - SECTION II. DEFINITIONS a 2.1 Emeraencv: Severe wate: supply deficiency due to substantial breakdo«-n or ~ incapacitation of the respective party's water deiivery or production system. ~ 2.? Marana R~ater Service Area: The Qeographical area that receives regular water utility service from the Marana Water Utility. 1 ~ 2.3 ' Oro Vallev Water Sen-ice ea: The ~eoaraphical area that receives re~ular water utility service from the Oro Valley Water Utility. 2.4 Re~ular Customer: Customers of each respective town water utility that receive and pay for water utility service on a re;ular basis for normal consumption not based on emergency need. 2.~ Temporarv: For purposes of this a~reement, emer~ency water service sustained for less than twenty (20) days. SECTION III. COVENANTS 3.1 Emeraencv Water Service Initiation~ Prior to initiation of temporary emergency water service, the water utility director of the party requiring emergency water service shall notify the water utility director of the providing utility of its intent to initiate temporary emer~ency water service. Physical initiation of temporary emergency water service shall be performed jointly by the parties at the metered interconnection between the Marana and Oro Valley Water Service Areas. 3.2 Extension of Emeraencv Waier Service: A written request must be made for the extension of emergency water service beyond twenty (20) days. A re~uest for extension of emergency water service shall include the reason such an e~ctension is required. 3.3 Emeraencv Water Qualitv~ The quality of water supplied for emerDency water service shall meet or exceed the mandated standards as set under Arizona law. 3.4 Good Faith: During any period of emergency water service, the party utilizing the emergency water service shall in ~ood faith, diliaently work toward rectifying the problem or event that precipitated the necessity for emergency water service. 3.5 MonitorinQ: Marana and Oro Valley may periodically monitor the metered interconnection between the Marana and Oro Valley Water Service Areas. 3.6 Temporarv Emeraencv Water Service Meter~ The interconnection between the Marana and Oro Valley ~Vater Service Areas shall be metered through a water meter that will adequately perform at a peak flow of 1000 gpm (maximum). ~ Temporary water service metered throuah the aforementioned interconnection = shall not Uuarantee fire flow capacity to the temporary emergency water service ~ : ecipient. Y A 3.7 Location: The interconnection shall be installed at the intersection of Hartman Lane /Copperhead Drive and Wood Owl Drive, see E~ibit "A". ~ 3.8 Financial Responsibilities of the Parties• - 3.8.1 Tne parties aQree to waive any and all applicable service fees. ~ 3.5.2 The parties a~ree to provide temporary emergency w~ater service to each other at a rate equal to that charged to the respective water utility's re~ular customers, such rate shall be based on applicable consumption rates. 3.8.3 The parties shall be jointly responsible for an equal share of the cost involved in inspecting, certifying and installing the backflow prevention device pursuant to Tucson Water Specifications. 3.8.4 Marana shall be responsible at their sole cost to construct the metered interconnection between Marana and Oro Valley. 3.8.5 The parties a~ree to share equally in the cost of development and installation of any additional water meters, either temporary or permanent, at the interconnection between the Marana and Oro Valley Water Service Areas in the future as reauired. 3.9 Duration: This a~reement shall be for a period of five (5) years from the date of execution. Thereafter, on the anniversary da~e_ of the execution of this agreement, this agreement shall automatically renew each year for one additional year unless at least 60 days prior to automatic renewal one of the partied notifies the other in writing of its intent not to renew ~this agreement. 3.10 Limitations: ~.10.1 The parties retain the right to deny or discontinue temporary emergency water service to a requesting or receivin~ ~arty to the extent that compliance with such a request or continued service would cause the _ respective town to be unable to meet the water needs of its respective water service area. 3.10.2 Temporary emergency water service shall not be provided to resolve preventable and/or ongoing water supply deficiencies. 3.10.3 Temporary emerQency water service is not intended to supplement either town's assured water supply. SECTION IV. EXECUTION OF ADDITIONAL DOCUNIENTS Subject to the terms and provisions of this Agreement, the parties shall execute any documents, _ aareements, assi~nments, and other documents as are necessary to accomplish the provisions of this AQreement. - ~ -~.1 lndemnification and LitiQation~ ~ ~.1.1 Indemnification. To the fullest extent permitted by law, the parties shail ~ deiend, indemnify and hold each other harmless, their agents, representatives, o~cers, directors, officials and employees from and a~ainst all claims, damaaes, losses and expenses (including but not limited ~ ~ to attorney fees, court costs, and the cost of appellate proceedings), relatin~ to, arisin~ out of, or alle~ed to have resulted from the neali~ent acts, errors, mistakes, omissions in work or services of each other and their respective employees, a~ents, in the performance oi this Agreement. The duty to defend, hold harmless and indemnify each other, and the respective agents, representatives; officers, directors, officials and employees shall arise in connection with any claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property, caused by any negligent acts, errors, mistakes, omissions in the work or services in the performance of this A~reement including the actions of respective employees or any other person for whose negligent acts, errors, mistakes, omissions in work or service that may cause the respective party to be legally liable. . 4.2 Default:. In the event of a default by any party for failure to perform pursuant to the terms of this agreement, the non-defaultin~ party shall notify the defaulting party of the default. Said notice shall be in v~riting and shall ;tate the facts constituting default, including the date and time (if possible) such default is deemed to have occurred, and shall further set forth what action is necessary in the non-defaultin~ party's opinion to cure the default. If no cure is deemed possible by the non-defaulting party, the notice shall so state. The defaultin~ party shall have a reasonable time from notice to cure the default. In the event the default is not cured within such time, the parties shall meet at least once to attempt to resolve said differences. It is atrreed that the time ~-hen the parties are attempting to resolve their differences with respect to an alleQed default, the parties shall continue to fulfill their obligations pursuant to the balance of the provisions of this A~reement and such continuance shall not in any way waive the default. If, at the end of sixty (60) days from the date of notice of default, the parties are unable to resolve their ciiiferences, then the parties shall have all rights and remedies available to them under law including specific periormance. 4.3 Attornev's Fees In the event of any litiaation between the panies to enforce any provision of this A~reement or any riQhi of either party hereto, the unsuccessful party to such Iiti~ation agrees to pay to the successful party all reasonable costs and expenses, including reasonable attorney's fees, incurred therein by the successful party, all of which shall be included in and as part of the jud~ment rendered in such liti~ation. € ~.4 Assisnment of Aareement. No party shall have the right to assi~n this A~reement ~ nor any interest herein except to their respective successors. ~ 4.~ Notices: All notices shall be in writin~ and together with other mailin~s pertaining to this Aareement shall 'be made to: : 4 For The Town Of ~larana: Water litilities Director Town of Marana 1?77~ N. Sanders Rd. :~~Iarana, Arizona 8~6~3 With Copies To: Town Manager Town of Marana 13251 North Lon Adams Road Marana, Arizona 8~6~3 Town Attorney Town Of Marana 220 East Wetmore, Suite 110 Tucson, Arizona 8~70~-1748 ~ For The Town Of Oro Valley: Water Utilities Director Town of Oro Valley 11000 North La Canada Drive Oro Valley, Arizona 8~737 With Copies To: Town Manager Town Of Oro Valley 11000 North La Canada Drive Oro Valley, Arizona 8~737 Town Attorney Town Of Oro Valley 11000 North La Canada Drive Oro Valley, Arizona 5~737 - ~ or as otherwise specified from time to time by each party. ~ 4.6 ~~~aiver: ~~aiver by either party of any breach of any term, covenant or condition - herein contained shall not be deemed a waiver of any other term, covenant or - condition, or any subseQUent breach of the same or any other term, covenant, or - condition therein contained. - ~ 4.7 ~mendment: This AGreement shall not be amended except by written instrument mutually agreed upon and executeci by the parties. ~ 4.S Entire A~=reement: This A~reement, its Exhibit "A" and its Recital, which are included herein together, constitutes the entire a~reement between the parties, and includes all prior ora] and written agreements of the parties. All warranties and ~uarantees and representations shall survive during the life of this Agreement. 4.9 Construction And Interpretation: All provisions of this Agreement shall be construed to be consistent with the intention of the parties as expressed in the Recitals hereof. 4.10 Conflict of Interest: This agreement is subject to cancellation for conflict of interest pursuant to ARS § 38-51 l. 4.11 Budaet For Amounts Due~ FinancinQ: The parties intend that the financial obligations under this Agreement shall be financed by the sale of water, utility connection fees and other charges for service, and/or grants and advances in aid of construction, or by the use of borrowed funds whose repayment source is limited to water utility revenues. 4.12 Authoritv: The parties represent and warrant~that they have legal authority and capacity to enter into this Agreement upon the tenns and conditions provided within this Agreement, and have properly and legally authorized and executed this ~ A~reement. 4.13 Leaal Jurisdiction: Nothing in this Agreement shall be considered as either limitin~ or e~rtending the legal jurisdiction of either of the parties. 4.14 Sever_ abilitv: In the event that any provision of this Agreement or the application thereof is held invalid, such invalidity shall have no effect on other provisions and their application which can be given effect without the invalid provision, or application, and to this ea-tent the provisions of the Agreement are severable. IN WITI~rESS WHEREOF, the parties hereto have hereunto set their hands the day and year first above written. - TOWN OF MARAN~, By: _ o y tt n, r., Mayor - ATTEST: $ ~ ~ y: . ~ Jocelyn . Entz, Town Cler " 6 TOV~~ OF ORO VALLEY BY Paul H. Loomis, Mayor ATTEST: By: . Kathr} E. Cuvelier , Town Clerk _ ~ ~ ~ ~ ~ 7 aTTOR'VEY CERTIFICATION TOWN OF MARANA The foregoing Intergovernmental A~reement, being an A~reement between the Town of Marana and the Town of Oro Valley, has been reviewed this ~ day of ~002 pursuant to A.R.S. § 11-9~2 by the undersigned Town Attorney of th own of Marana, who has determined that it is in proper form and is within the powers and authority granted under the laws of the State of ?~-izona to those parties to the A~reement represented~by the Town of Marana. ~ ani 1 J. ochuli, own Attorney ~ ATTORNEY CER'I'IFICATION TOWN OF ORO VALI,EY The fore~oin~ Interaovernmental Agreement, being an Agreement between the Town of Oro Valley and the Town ofMarana, has been reviewed this day of ~002 pursuant to A.R.S. ~l 1-9~2 by the undersigned Town Attorney of the Town of Oro Valley, 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 Oro Valley. ~ Dan . u ~T'o Att rne ~ ~ 's .eF.. ~-i. O EXHIBIT A ` LINDA VISTA BL , _ _ - , ~ r . ' _ . i ,v,. , " . f , . y~~ DR -a ~ , ' - ~ - O0~ ~ ~y , , ~ - u± _ - - _ , i i';! ~ - - - 'i ~ - ~ ; - , _ . ~ , _ . ~ . ~ , , ~ f ~ , _ ~ _ _ t , _ _ _ _ , . , ' RTO RD . ' - , ~ , _ _ _ y _ ~ , ; ; . , ,y J . ~ - , ~ ~ ; ry T - ~ ~ ~ ,",r ~ s~ ~ - i ~ y ~ ',~7~ _ y ~ ~ - , , ~ ~ : ~ ~ l~~ ~ - , , ~ ~r _`"u_ . _ ~ i` i~ . ~ , - r - , _i - _ - i ~ - ~ ~ ' ~ , ~ , - ~ 3 ~ - Z I -~II~ - _ _ „ _ - ~ - _cn. i, ~ - ~ - - _ Z W, _ - ~ ~ ~ _ _ _ _ _ , - ; wi - ' ~ - - , ~ ~Y-- ' - , _ I ? ~ r'-,= r- - - _ , T _ - _ . - , ~ O , T _ ,y , = _ ~ ~i 'i ~ , +-r--.~..,y Z . _ _ ~ , ~ ~ . ` ~ . ~ _ . ~ . , . ~ r. . , ~ ~C ~ G : ~ - ~ .1~: .t.'.»-F.-~' . . - _ _ ~ _ - _ ~ _ - Q-~ - _ ~ - , _ . U I ' _ , ~ ' . ' ` _ ___l. ' . , "T'.,...- _ . . . . _ . _ . s . . ~ , CORTARO FARMS RD - - ~ z N ~ ~ Feet - " - ~ 0 5001,000 2,000 3,000 4,000 MA \1-1,1-/ I \ TOWN Of MARANA G75 Division