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HomeMy WebLinkAboutResolution 98-049 IGA for membership with UA in the Water CasaMARANA RESOLUTION NO. 98-49 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA, CONSIDERING THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA AND THE UNIVERSITY OF ARIZONA TO ESTABLISH MEMBERSHIP IN THE WATER CONSERVATION ALLIANCE OF SOUTHERN ARIZONA (WATER CASA). WHEREAS, the Water CASA shares 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 improve the effectiveness of municipal water conservation efforts through close collaboration between the University of Arizona and the Town of Marana; and WHEREAS, the Water CASA is designed to join with others to share experience, skills and information and benefit from economics of scale in water conservation efforts; and WHEREAS, funding for the Water CASA comes from participating providers as an annual contribution or membership fee and the assessment is based upon service area population, and an assessment determined by acre feet of water delivered; and WHEREAS, the Town's membership in the Water CASA is in the best interest for the citizens of the Town of Marana. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that they approve the Intergovernmental Agreement between the Town of Marana and the University of Arizona for membership in the Water Conservation Alliance of Southern Arizona (Water CASA). BE IT FURTHERED RESOLVED that the Town of Marana, Arizona, is authorized to contribute $4,765.64 for the first year of membership in the Water Conservation Alliance of Southern Arizona (Water CASA). Marana, Arizona Resolution No. 98-49 Page 1 of 2 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 19~h day of May, 1998. Mayor ORA MAE(HARI~ ATTEST: Sandra L. Towo_..Ot~ $'s~eclose APPROVED AS TO FORM: Daniel J. Hochuli Town Attorney Marana, Arizona Resolution No. 98-49 Page 2 of 2 F. ANN RODRIGUEZ, RECORDER RECORDED By:?--,-B -EPUTY RECORDER 1998 ROOE SMARA TOWN OF MARANA ATTN: TOWN CLERK 13251 N LON ADAMS RD MARANA AZ 85653 DOCKET: 10854 PAGE: 184 NO. OF PAGES: 10 SEQUENCE: 19981310075 08/06/98 AG 09:42 MAIL AMOUNT PAID INTERGOVERNMENTAL MEMBER AGREEMENT Between the TOWN OF MARANA, ARIZONA and ARIZONA BOARD OF REGENTS for the UNIVERSITY OF ARIZONA Tucson, Arizona to establish membership in the WATER CONSERVATION ALLIANCE OF SOUTHERN ARIZONA $ 10.50 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 4:1 the T6wn 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 ZD into this Agreement pursuant to Arizona Revised Statute § 11-264. 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 -oals in the areas of efficient use of the region's limited water resources, implementing effective conservation measures and rate designs, protectmg community aesthetics and quality of life by promoting attractive, low-water-use landscaping, and improving water resources mana-ement in oeneral. In furtherance thereof, the organizations have developed experienced staffs which are involved in the planning, development, and evaluation of water conservation measures and nrograms and related water resnnrce. mnmaernent and rf--,e-nr(-h nnri niihlir,?:itinn ;n 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 h I these activities throug the hiring of qualified conservation specialists, sharing of analyses and experiences, and cooperatmia with other interested parties to achieve areater effectiveness and economies of scale. Therefore, the Agreement is established between the Member and the Unliversity of Arizona for Z? 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 Axizona. The ZD Alliance is designed to: improve the effectiveness of municipal water conservation efforts through close collaboration between UA and the Member; 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 managi conservation- 11I.C11 oriented research grants and pilot projects. 3. SCOPE OF ALLIANCE The Alliance represents a cooperative link between professional staff of the member oruanizations and the VyrRRC. The Alliance will concern itself with improving water resource g management practices of its members. As initial focus areas, the Alliance will concentrate on: 1. exterior residential water conservation measures;z- ii. impacts of development and trends in new construction on water demand and conservation potential; Ili. 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 larae municipal water provider or other interested organization pursuing program evaluation or applied research within the scope of this center's mission. 10854 185 Task descriptions may be revised. C. Brad DeSpain, Utilities Director, is the official authorized to approve and modify such description for the Member; Gary C. Woodard 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 Director, and staff, students, and 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 followin-g, responsibilities: (1) to maintain cooperation between the sponsoring member mStitutions- (2) to create and maintain the hig est standards for the work of the Alliance; Ih (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 Director of the Alliance; (8) to make recommendations for filling a vacancy in the position of Alliance Director, and for hiring or filling a vacancy in the professional staff responsible for carrying, out Alliance program ; and (9) to review and recommend revisions to thi&Aareement. B. The Board shall consist of the following: one repres=ative selected by each municipal water provider Member of the Alliance; (2) one representative of another oraanization interested in the work of the Alliance and materially supporting and particlpating? in Alliance activities. admitted as a Member at the discretion of the Board; and 0854 186 the Director of the Alliance, who will serve as a non-votinQ member. The Chairperson of the Board shall be elected by the member's of the Board from the Board's membership and shall serve a one-year term. The Chairperson may be elected once to a second consecutive term. 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. Meetino's shall be conducted in conformance with Robert's Rules of Order. ID The Director of the Alliance A. The Director will be a member of the UA faculty 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 Director shall be evaluated annually by the Board. The Director will serve for a two-year term, and may be appointed to consecutive terrns. B. The responsibilities of the Director are to: (1) provide progarn 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, 0 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 I UA, municipal, county, state and federal laws, regulations, policies and guidelines; and (5) maintain accountability for all funds supplied to the Alliance. Personnel Com-Dosition Personnel of the Alliance will fall into one of five cate-ories: A. Professional staff of the WRRC assianed to the Alliance by appropriate authority of UA. Such assignrnent may be on a part-time basis; 4 10854 187 B. Facultv of the University assigned to the ViRRC 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 g Baseline funding for the Alliance will be provided by annual contributions from member organizations, and used for purposes consistent with the budo, t approved by the Board. The e In 17 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 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 + 16C 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 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 the Alliance's activities and programs. The annual contribution for the Town of Marana, Arizona, for the first year of membership in the Alliance will be $4,765.64. 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 will be made to disseminate the results of evaluations, pilot projects, and applied research with other entities that may benefit from the information. 5 10854 188 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, arants, or other as?reements entered into pursuant to this memorandum shall contain appropriate provisions relating to Equal Employment Opportunity and Non-Discrimination. 7. RESPONSIBILITIES OF THE MEMBER ORGANIZATIONS ts Each member onanization takes full financial responsibility for implementinc, i obligations under this agreement. Each Party's ability to perform under d-iis 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 resource-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 three years from the effective date of this agreement. The Parties may extend this period upon their mutual agreement. Either party may terminate this Aureement ut)on 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 lcrrant 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 rialits, obli2ations and remedies of the parties. 11. ASSIGNMENT 6 10851; 189 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 par-ties recognize that the performance by the Arizona Board of Regents for and on behalf of the Ur-u*versiiy of Arizona may be dependent upon the appropriation of funds by the State Leaislature 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 obli?zation. The Board of Reaents aarees 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 Axizona 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 $3 :)0,000 or less in money damages only shall be resolved by arbitration pursuant to the Arizona U niform Rules of Procedure for Arbitration. The decision of the arbitrator(s) shall be final. 14. CONFLICT OF INTEREST This Aareement 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. 4RIZONA BOARD OF REGENTS UNIVERSITY OF ARIZONA APPRO AS TO CONTENT: (pu /or type name) (print or type n7e) Gary C. Wbcdard. JAMES I WHEELER, DIREC FOR Director, Water Alliance OFFICE OF RESEARCH AND CONTRACT ANALYSIS UNIVERSITY OF ARIZONA, 888 N. EUCLID, RM. 412 P. 0. BOX 210158, TUCSON, ARIZONA 85721-0158 7 10854 190 D ate h9N? 1q, lqqe I - TOWN OF MARANA (prim or type name) Qrm //I? IA1 M41or 10854 191 Date jud 1 8 1998 APPROVED AS TO CONTENT: C. Brad DeSpail'*' Municipal Water Department 8 ATT'PqT- KR98-1559 IA7ER GO VERNMENTAL A GREEMENT DE=WINA 77ON The attached interaovemmental aQreement, which is an agreement between public a2encies, 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 Axizona to those parties to the AQreement represented by the Attorney General. DATED this N(day of 1998. Grant Woods The Attorney General Assistant Attorney General The attached intercovemmental aareement, 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 -j day of 1998. Town of a?rana Attom 9 10854 192 INTERGOVERNMENTAL AGREEMENT AGENCY NAME: AWARD EFFECTIVE DATE: TERMINATION DATE: DETERMINATION The Town of Marana, Upon filing with Secretary of State or Pima County Recorder May 31, 1999, or until terminated, whichever occurs first. PURPOSE: To provide Water Conservation Planning Services UNIVERSITY COLLEGE/DEPARTMENT: College of Agriculture/Soil & Water Science 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 to the Board of Regents. Dated this 18th day of June, 1998. Joel Sideman, Counsel Arizona Board of Regents By Thomas M ?ompso?n I 085Lj 193