HomeMy WebLinkAboutResolution 2002-086 IGA with UA for water casa
MARANA RESOLUTION NO. 2002-86
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA,
ACCEPTING AND AUTHORIZING THE APPROVAL OF AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE TOWN OF MARANA AND THE UNIVERSITY OF ARIZONA
TO EXTEND AND AMEND MEMBERSHIP IN THE WATER CONSERVATION ALLIANCE
OF SOUTHERN ARIZONA (WATER CASA).
WHEREAS, the 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 oflife by promoting attractive, low-water-use
landscaping, and improving water resource management in general; and
WHEREAS, the Water CAS A is designed to improve the effectiveness of municipal water
conservation efforts though close collaboration between the University of Arizqna and the Town of
Marana; 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
organization 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 by the Town; and
. WHEREAS, the membership fee for the Town of Maran a, for fiscal year 2002-2003, will be
55,201.00; 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 ofthe Town ofMarana,
Arizona, accepting and authorizing the approval of the Intergovernmental Member Agreement,
attached hereto as Exhibit A, and incorporated herein by this reference, between the Town of
Marana and University of Arizona for continued membership in the Water Conservation Alliance of
Southern Arizona (Water CASA).
BE IT FURTHER RESOLVED that Brad De Spain is hereby authorized to execute this
Intergovernmental Member Agreement on behalf of the Town, and take all steps necessary and
proper to carry out its intents and purposes.
Marana, Arizona Resolution No. 2002-86
Page 1 of 2
BE IT FURTHER RESOLVED that the Town of Marana, Arizona, is authorized to
contribute :$5,201.00 for fiscal year 2002-2003 membership in the Water CASA.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this
20th day of August, 2002.
ATTEST:
APPROVED AS TO FORM:
As Town Attorney
and not personally
M~JR.
Marana, Arizona Resolution No. 2002-86 Page 2 of 2
INTERGOVERNMENTAL MEMBER AGREEMENT
Between the
TOWN OF MARANA, ARIZONA
and
NO.- ARIZONA BOARD OF REGENTS
Filed w th the Secr a f Sta C
Date Filed:-Pf g6 0 1-
L,C-J- uv -,P forthe
o tat UNIVERSITY OF ARIZONA
'at
e'a
AY4 Tucson, Arizona
to extend and amend membership in the
WATER CONSERVATION ALLIANCE
OF SOUTHERN ARIZONA
This Agreement is made pursuant to 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 § 11 -264.
1 . INTRODUCTION
The Town of Marana, Arizona, for its Municipal Water Department, (the Member) and the
Water Resources Research Center (WRRC) of 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.
While the Member and the WRRC have cooperated in the past in such matters, each
believes that the establishment of a more formal relationship will enhance its 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 the Water Conservation Alliance of Southern Arizona (Alliance),
to provide a basis for collaborative efforts.
2. PURPOSE
The primary purpose of the Alliance shall be to provide water conservation and planning
services to participating municipal water providers and other parties of interest in southern
Arizona. The Alliance is designed to:
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
serve as a focal point for cooperation in developing and managing
conservation-oriented research grants and pilot projects.
3. SCOPE OF ALLIANCE
The Alliance represents a cooperative link between professional staff of the member
organizations and the WRRC. The Alliance will concern itself with improving water
resource management practices of its members.
As initial focus areas, the Alliance 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.
Initially, this link will be between the UA Water Resources Research Center and the
Member. The parties intend through this agreement to use the Alliance as a vehicle
available to any large municipal water provider or other interested organization pursuing
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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.
4. STRUCTURE OF THE ALLIANCE
The Alliance will consist of the Board, the Manager, and faculty, staff, students,
administrative and clerical support personnel drawn from the Water Resources Research
Center.
Alliance Board
A. The Board of the Alliance (the Board) will have the following responsibilities:
(1) to maintain cooperation between the sponsoring member institutions;
(2) to create and maintain the highest standards for the work of the
Alliance;
(3) to review and approve the policies and priorities of the Alliance;
(4) to evaluate the programs and activities of the Alliance;
(5) to review and approve the Alliance budget and fiscal management;
(6) to adopt appropriate by-laws, and modifications, for the operation of
the Alliance;
(7) to evaluate the Manager of the Alliance;
(8) to make recommendations for filling a vacancy in the position of
Alliance Manager, and for hiring or filling a vacancy in the professional
staff responsible for carrying out Alliance programs; and
(9) to review and recommend revisions to this Agreement.
B. The Board shall consist of the following:
one representative selected by each municipal water provider
Member of the Alliance;
(2) one representative of any other organization interested in the work of
the Alliance and materially supporting and participating in Alliance
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activities, admitted as a Member at the discretion of the Board; and
(3) the Manager of the Alliance, who will serve as a non-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 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 Manager of the Alliance
A. The Manager will be a UA staff member assigned to the Water Resources
Research Center to be appointed in accordance with procedures to be
established by the WRRC and the Alliance, and approved by the Board. The
Manager shall be evaluated annually by the Board. The Manager will serve
for a two-year term, and may be appointed to consecutive terms.
B. The responsibilities of the Manager are to:
(1) provide program leadership and contribute actively in the
programmatic activities of the Alliance;
(2) review all work products produced by Alliance personnel;
(3) prepare an annual report of activity, program results, fiscal review,
following year proposed joint activities and following year proposed
Alliance budget for presentation to the Advisory Board;
(4) manage and administer the Alliance 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 the Alliance.
Personnel Composition
Personnel of the Alliance will fall into one of five categories:
4
A. Professional staff of the WRRC assigned to the Alliance by appropriate
authority of UA. Such assignment may be on a part-time basis;
B. Faculty of the University assigned to the WRRC by appropriate authority of
UA;
C. Other UA professional staff in Cooperative Extension;
D. Administrative/support staff of the Alliance drawn from the WRRC; and
E. Contractors or consultants hired by the Alliance. The latter will not be
employees of the Alliance or the UA.
5. SUPPORT
Baseline funding for the Alliance will be provided by annual contributions from member
organizations, and used for purposes consistent with the budget approved by the Board.
Theannual 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 service area population, plus an amount based on the municipal provider's
annual water deliveries.
The initial annual contribution formula for municipal water providers is $4,000 + 160 per
service area resident + $1 .00 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 the
Alliance.
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 otherthan 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 the Alliance's activities and programs.
The annual membership contribution for Town of Marana, for Fiscal Year 2003 will be
$5,201.
6. POLICIES
General policies of the Alliance are:
A. All members of the Alliance shall have free access to all Alliance work
products, compilations of data and information, and other materials.
B. No classified or confidential work will be performed by the Alliance. Efforts
5
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 the Alliance 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 N on- D iscrimi nation.
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 the Alliance or WRRC to provide additional water resou rce- related services of benefit
to the individual Party. Such work will not be subsidized by the operating budget of the
Alliance.
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.
6
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 cancelled or its scope materially reduced to a level
that the Alliance 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) 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-DISCRI M I NATION
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.
7
- 1 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
cancelled or its scope materially reduced to a level that the
Alliance 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)
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.
MARANARESOLUTION NO. 2002-86
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA,
ACCEPTING AND AUTHORIZING THE APPROVAL OF AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE TOWN OF MARANA AND THE UNIVERSITY OF ARJ7-ONA
TO EXTEND AND AMEND MEMBERSHIP INT THE WATER CONSERVATION ALLIANCE
OF SOUTHERN ARIZONA (WATER CASA).
WHEREAS, the Water CASA and the Town share a common goal in the area of efficient use
C,
of the re-lon's limited water resources, implementing effective conservation measures and rate
designs, protecting community aesthetics and qual'tx of life by prom oting attracti v e, I oA, -water-use
landscapin-, and improving water resource management in general; and
WHEREAS, the Water CASA is designed to improve the effectiveness of munlicipalwater
conservat] on efforts though close collaboration between the University of Arizona and the Town of
Marana; and I
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
'NHEREAS, funding for the Water CASA comes from annual contributions ftm member
o.-ganization fees, calculated by assessin- a base fee, an assessment based upon the service area
population, and an assessment based upon the acre-f--et of water delivered by the Town; and
'"THEREAS, the membership fee for the To-,vn of Marana, for fiscal year 2002-2003, will be
S5.201.00; and
'?VHEREAS, the Mayor and Town Council have determined that the Town's membership in
Wat
.ht er 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,
-zona, accepfing and authorizing the approval of the Interaovernmental Member AC-Teement,
ar,ached hereto as Exhibit A, and incorporated herein by this reference, between the Town of
Marana and Universit-,, of Arizona for continued membership in the Water Conservation Alliance of
Southern Arizona (Water CASA).
BE IT FURTHER RESOLVED that Brad De Spain is hereby auihorized to execute this
L-,-L1-r9ove=entaI Member Ac-reement on behalf of the Town, and take all steps necessary and
p-oper to carry out its intents and purposes.
M arana, Arizona Resolution No. 2002-86 Page I of 2
BE IT FURTHER RESOLVED that the Town of Marana, Arizona, I's authorized to
contribute S5,201.00 for fiscal year 2002-2003 membership in the Water CASA.
PASSED ANDADOPTED by the Mayor and Council of the Town of Marana, Arizona, this
20th day of August, 2002.
ATTEST:
'Jocelyn# Entz
Town (Iterk-
APPROVED AS TO FORM:
Daniel J. H I i., E s-qq.
As Town Attorney
and not personally
MayorgGYBY ?UTTON, JR.
?6OF
t SEAL
Marana, Ahzona Rtsolution No. 2002-86 Paet 2 of 2
IN WITNESS WHEREOF, tne Parties do hereby execute th- Agreement effective as
of the date later in time indicated below.
,Arizona Board of Regents
UNIVERSITY OF ARIZONA TOWN OF MARANA
Lee Anne T. Peters
Contract Officer
print or type name)
Date %. gA)-
APPROVED CONTENT:
Brad DeSpain, Manager
Municipal Water Department
Date-y--Cv-az
INTERGOVERNMENTAL AGREEMENT DETERMINATION
AGENCY NAME: Town of Marana, Arizona
AWARD EFFECTIVE DATE: Upon filing with Secretary of State or
Pima County Recorder.
TERMINATION DATE: June 30, 2003, or until terminated,
whichever occurs first.
PURPOSE: To provide membership in the Water
Conservation Alliance of Southern
Arizona.
UNIVERSITY COLLEGE: College of Agriculture and Life
Sciences.
With the attached Addendum, the undersigned has determined that
the foregoing agreement is in proper form and is within the
powers and authority granted under the laws of the State of
Arizona and the Board of Regents.
Dated this day of 2002.
Joel Sideman, Counsel
Arizona Board of Regents
By