HomeMy WebLinkAboutResolution 2009-046 IGA with Pima County for billing of sewer user accounts and water consumption dataMARANA RESOLUTION N0.2009-46
RELATING TO WATER SERVICE; APPROVING AND AUTHORIZING THE EXECUTION
OF THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA
AND PIMA COUNTY FOR BILLING OF SEWER USER ACCOUNTS AND PROVISION OF
WATER CONSUMPTION DATA
WHEREAS, Pima County ("County") is empowered by A.R.S. § 11-264 to operate and
maintain a public sanitary sewerage system and is the designated public sewer system provider
for the residents of Pima County; and
WHEREAS, the Town of Martina ("Marana") is a public water provider for residents of a
portion of Pima County; and
WHEREAS, the Town and the County wish to accommodate the shared customers of
both entities by billing sewer user fees based on the Town's customer water use data; and
WHEREAS, it is necessary for the County to acquire water use data from the Town in
order to calculate the statutory authorized billing of sewer user fees to county residents; and
WHEREAS, the County wishes to enter into an intergovernmental agreement with the
Town to receive and utilize the Town's customer water use data for the purpose of calculating,
billing and collecting sewer user fees from the Town's customers; and
WHEREAS, the Town is willing to provide its customer water use data to the County and
wishes to enter into an intergovernmental agreement with the County for this purpose.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION I. The intergovernmental agreement between the Town of Martina and Pima
County attached to and incorporated by this reference in this resolution as Exhibit A for the
purpose of exchanging water use and sewer data is hereby approved.
SECTION 2. The Mayor is hereby authorized and directed to execute, and the Town
Clerk in hereby authorized to attest to, said Exhibit A for and on behalf of the Town of Martina.
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.
Martina Resolution 2009-46
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 21St day of April, 2009.
ATTEST:
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J celyn tr ronson, Town Clerk
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Mayor d onea
APPROVED AS TO FORM:
~F'rar,~c Cassr~y, Town Attoy ey
Marana Resolution 2009-46
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Inter overnmental A reem docum~~t~ ~~#~'~~~~~~~{~~ ~~ t~~s
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Pima County and Town of Marano
for
Provision of Water Consumption Data
This Intergovernmental Agreement RIGA} is entered into by and between Pima County, a body
politic and corporate of the State of Arizona ("County"}and the Town of Marano Town} pursuant to
A.R.S. § 11-952.
Recitals
A. County and Town may contract for services and enter into agreements with one another for
joint or cooperative action pursuant to A.R.S. § 11-951, et seq.
B. County and Tawn desire to exchange proprietary water use information for the purpose of
calculating billings to sewer users.
NGw, THEREFaRE, County and Town, pursuant to the above, and in consideration of the
matters and things hereina~er set forth, do mutually agree as follows:
Agreement
1, Purpose. The purpose of this IGA is to exchange water use data for the purpose of
calculating, billing and collecting sewer user fees from the Town's customers.
2. Scope of Services. See attached Exhibit A (Two (2) pages).
3. Financing. Far the services described in Item 2 above, the County agrees to pay and the
Town agrees to offset against amounts owed the County, a monthly administrative and
billing fee of $0. S4 per account per month. Such fees will reimburse the Town for the cost
of billing and collection services each year. Total payment for this contract shall not exceed
$45,OO~.oo annually. If this contract were to exceed $45,~~0.00 annually, County and Town
agree to meet to discuss increasing funding to allow payment for the continued provision of
services provided, however, the terms of this IGA may only be amended pursuant to Article
23, below.
The Town shall provide detailed documentation in support of requested payment. Payment
requests shall assign all costs to items identified by this Article.
It is the intention of both parties that pricing shall remain firm during the term of the
contract. Price increases shall only be considered in conjunction with a renewal of the
Contract. In the event that economic conditions are such that unit price increases are
desired by the Town upon renewal of the Contract, the Town shall submit a written request to
the County with supporting documents justifying such increases at least 9~ days prior to
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the termination date of the Contract. It is agreed that the Unit Prices shall include
compensation for the Town to implement and actively conduct cost and price control
activities. The County will review the proposed pricing and determine if it is in the best
interest of the County to renew or extend the Contract as provided for in Article I of this
Contract.
4, Term. This Agreement shall commence on May 19, 2009 and shall terminate on May 18,
2010, unless sooner terminated or further extended pursuant to the provisions of this
Agreement. The parties may renew this Agreement far up to four ~4} additional one-year
periods or any portion thereof.
Any modification or extension of the Agreement termination date shall be by formal written
amendment executed by the parties hereto.
Amendments to the Agreement must be approved by the Board of Supervisors before any
work or deliveries under the Amendment commences.
5. Disposal of Property. Upon the termination of this IGA, all property involved shall revert
back to the owner. Termination shall not relieve any party from liabilities or costs already
incurred under this IGA, nor affect any ownership of property pursuant to this IGA.
b. Indemnification. Each party has Indemnitor} agrees to indemnify, defend and hold harmless
the other party has Indemnitee} from and against any and all claims, losses, liability, costs or
expenses including reasonable attorney's fees} thereinafter collectively referred to as
"claims"} arising out of bodily injury of any person including death} or property damage, but
only to the extent that such claims which result in vicariouslderivative liability to the
Indemnitee, are caused by the act, omission, negligence, misconduct, or other fault of the
Indemnitor, its off cers, officials, agents, employees, or volunteers.
7. Insurance, Each party shall obtain and maintain at its own expense, during the entire term of
this Contract the following types} and amounts of insurance:
a} If required bylaw, workers' compensation coverage including employees' liability
coverage.
Parties to this agreement shall provide thirty X30}days written notice to all parties to this IGA
of cancellation non-renewal or material than e of covera e. ~~~~~
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8. Com fiance with Laws. The artier shall cam 1 with all federal state and local laws rules ~~~~~~~
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regulations, standards and Executive Orders, without limitation to those designated within this ~,~
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IGA. The laws and regulations of the State of Arizona shall govern the rights of the parties, '~~n
the erformance of this IGA and any disputes hereunder. An action relatin to this IGA shall ~~~°~''
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be brought in an Arizona court in Pima County. ''~~:~
9. Non-Discrimination. The parties shall not discriminate against any County employee, client
or any other individual in any way because of that person's age, race, creed, solar, religion,
sex, disability or national origin in the course of carrying out their duties pursuant to this IGA.
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The parties shall comply with the provisions of Executive order 75-5, as amended by
Executive Grder ~9-4, which is incorporated into this IGA by reference, as if set forth in full
herein.
10. ADA. The parties shall comply with all applicable provisions of the Americans with
Disabilities Act Public Law 101-336, 42 U.S.C.12101-12213} and all applicable federal
regulations under the Act, including 28 CFR Parts 35 and 36.
11. Severability. If any provision of this IGA, or any application thereof to the parties or any
person or circumstances, is held invalid, such invalidity shall not affect other provisions or
applications of this IGA which can be given effect, without the invalid provision or
application and to this end the provisions of this IGA are declared to be severable.
12. TerminationlCancellation. This Agreement may be terminated by either the County or the
Town with written one hundred-twenty ~ 120} day notice.
13. Conflict of Interest. This contract is subject to cancellation for conflict of interest pursuant
to A.R.S. § 38-51 1, the pertinent provisions of which are incorporated herein by reference.
14. Non-Appropriation. Not withstanding any other provision in this IGA, this IGA maybe
terminated if for any reason the Pima County Board of Supervisors does not appropriate
sufficient monies for the purpose of maintaining this IGA. In the event of such cancellation,
the County shall have no further obligation to the Town other than for payment for services
rendered prior to cancellation.
15. Legal Authority. Neither party warrants to the other its legal authority to enter into this IGA.
If a court, at the request of a third person, should declare that either party lacks authority to
enter into this IGA, or any part of it, then the IGA, or parts of it affected by such order, shall
be null and void, and no recovery may be had by either party against the other for lack of
performance or otherwise.
1G. Worker's Compensation. Each party shall comply with the notice of A.R.S. ~ 23-1022 ~E}.
Far purposes of A.R.S. § 23-1022, each party shall be considered the primary employer of all
personnel currently or hereafter employed by that party, irrespective of the operations of
protocol in place, and said party shall have the sole responsibility for the payment of worker's
Compensation benefits or other fringe benefits of said employees.
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17. No Joint Venture, It is not intended by this IGA to, and nothing contained in this IGA shall ~~{
be construed to, create any partnership, joint venture or employment relationship between the ~~;!'~
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parties or create any employer-employee relationship between County and any Town
em to ees, or between Town and an Count em to ees. Neither art shall be liable for an ~"~~
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debts, accounts, obligations or other liabilities whatsoever of the other, including without ~4
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limitation} the other party's obligation to withhold Social Security and income taxes for itself iiNi;;ii
or any of its employees.
18. No Third Party Beneficiaries. Nothing in the provisions of this IGA is intended to create
duties or obligations to or rights in third parties not parties to this IGA or affect the legal
3
liability of either party to the IGA by imposing any standard of care with respect to the
maintenance of public facilities different from the standard of care imposed by law,
19. Notice. Any notice required or permitted to be given under this IGA shall be in writing and
shall be served by delivery or by certified mail upon the other party as follows for at such
other address as may be identified by a party in writing to the other party:
Co[7NTY:
Michael Gritzuk, Director
Regional Wastewater Reclamation Department
201 N Stone, 8t'' Floor
Tucson, AZ 85701
Ph 520-744-b525
Fx 520-740-G3 $4
With copies to:
County Administrator
134 West Congress Street,10th Floor
Tucson, Arizona 55701
Clerk of the Board
130 West Congress, Soh Floor
Tucson, Arizona $5701
TowN:
Gilbert Davidson, Town Manager
Town of Marano
11555 W. Civic Center Drive
Marano, AZ 85b53
Ph 520-3 82-1900
Fx 520-3 $2-1901
Town Attorney
Town of Marano
11555 W. Civic Center Drive
Marano, AZ 8553
2U. Legal Arizona Workers Act Compliance. Town hereby warrants that it will at all times
during the term of this Contract comply with all federal immigration laws applicable to
Town's employment of its employees, and with the requirements of A.R.S. § 23-214 ~A)
together the "State and Federal Immigration Laws"}. Town shall further ensure that each
Subcontractor who performs any work far Town under this contract likewise complies with
the State and Federal Immigration Laws.
County shall have the right at any time to inspect the books and records of Town and any
Subcontractor in order to verify such party's compliance with the State and Federal
Immigration Laws.
Any breach of Town's or any Subcontractor's warranty of compliance with the State and
Federal Immigration Laws, or of any other provision of this section, shall be deemed to be a
material breach of this Contract subjecting Town to penalties up to and including suspension
or termination of this Contract. If the breach is by a Subcontractor, and the subcontract is
suspended or terminated as a result, Town shall be required to take such steps as maybe
necessary to either self perform the services that would have been provided under the
subcontract or retain a replacement subcontractor, subject to County approval if MWBE
preferences apply} as soon as possible so as not to delay project completion.
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Town shall advise each Subcontractor of County's rights, and the Subcontractor's obligations,
under this Article by Including a provision in each subcontract substantially in the following
form:
"Subcontractor hereby warrants that it wi11 at all times during the term of this contract comply
with all federal immigration laws applicable to Subcontractor's employees, and with the
requirements of A.R.S. ~ 23-214 ~A}. Subcontractor further agrees that County may inspect
the Subcontractor's books and records to insure that Subcontractor is in compliance with these
requirements. Any breach of this paragraph by Subcontractor will be deemed to be a material
breach of this contract sub j ecting Subcontractor to penalties up to and including suspension or
termination of this contract."
Z1. Scrutinized Business Operations. Pursuant to A.R.S. ~ 35-397, Town hereby certifies that
it does not have scrutinized business operations in Iran or Sudan. The submission of a false
certification by contractor may result in action up to and including termination of this
contract.
22. Pending Wastewater Ligation. A lawsuit concerning the ownership and operation of
wastewater lac' 'ties is currently pending between the Town of Manna and Pima County as of
the date this Agreement is being executed bythe Parties. If the result o~ the lawsuit justif ies such
action, this Agreement, and the rights and obligations of the Parties under it, shall be terminated
or modif ied in a manner consistent with the f final outcome of the lawsuit. Nothing about this
Agreement shall be interpreted as an assertion of rights or an admission by or against either of
the Parties with respect to the claims in the litigation.
23. Entire Agreement. This document constitutes the entire Agreement between the parties
pertaining to the subject matter hereof, and all prior or contemporaneous agreements and
understandings, oral or written, are hereby superseded and merged herein. This IGA shall not
be modified, amended, altered or extended except through a written amendment signed by the
parties and recorded with the Pima County Recorder, or Arizona Secretary of State, whichever
is appropriate.
(The remainder of this page is intentionally left blank)
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In Witness Whereof, County has caused this Intergovernmental Agreement to be executed by the
Chairman of its Board of Supervisors, upon resolution of the Board and attested to by the Clerk of
the Board, and Town has caused this Intergovernmental Agreement to be executed by the Mayor,
Town of Marana upon resolution of the Mayor and attested to by the Town Clerk.
PIMA CnUNTY:
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C air, Board of Supervisors
TOWN OF MARA A:
Mayor, Town of Marana
MAY 19 2009
ATTEST:
Clerk of the ~ ~ 9 2009
Date:
ATTEST:
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Clerk
Date: ~ ~/- ~
APPROVAL:
The foregoing Intergovernmental Agreement between Pima County and the Town of Marana has
been reviewed by the undersigned, and is hereby approved as to content.
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Mi. ael Gri u , P~~ ,, Director
Intergovernmental Agreement Determination
TOWN OF MARANA: ~~~~~
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The foregoing Intergovernmental Agreement between Pima County and the Town of Marana has
been reviewed pursuant to A.R.S. § 11-952 by the undersigned, who have determined that it is in ~~~
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proper form and is within the powers and authority granted under the laws of the State of Arizona to ~~~'
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those parties to the Intergovernmental Agreement represented by the undersigned. fu,;
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PIMA CI3U TY:
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Deputy County A t
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Exhibit A: Scope of Services Two Pages)
The Town shall provide the following sewer billing and collection services for the County:
A, Provide water consumption data for each water and sewer account and provide monthly billings and
collection of these accounts monthly.
B. Update all water and sewer accounts (turn-on and turn-offl to maintain an accurate active customer file.
C, Bill and disconnect delinquent sewer accounts in same manner the Town uses to bill and disconnect
delinquent water accounts and transmit to the County for collecting those delinquent sewer accounts that
cannot be collected through the water billing system.
D. Process sewer user fee adjustments transmitted by the County and adjust sewer user fees in accordance
with adjustment policies authorized by the County.
E. Maintain an accurate, computerized sewer billing and accounts receivable.
F, Provide the County with read-only access to the computerized customer billing system maintained by the
Town.
G. Provide the County with winter (December, January and February) water use data for those sewer users
on the Town water system.
H. Provide the County with all necessary and agreed upon computer-oriented reports required to effectively
manage the revenues and customer accounts of the sewer utility.
I. Provide the County with the ability to insert sewer utility-related information into the monthly customer
billings,
J. Upon receipt of sewer user fee payments, the Town shall deposit the funds with the County Treasurer as
per the agreed upon schedule.
K. At the County's option, the Town shall provide a register showing active account status of each account
on a monthly basis and will provide a final delinquent account register of all accounts considered as the
inactive final billing register.
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L. At the request of the County, the Town shall provide to the County all data related to the billing and ~~~,~;
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collection of sewer user fees within the Town, at no cost to the County. "~~~~`'
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M. The Town shall provide a Project Manager for this Agreement who shall serve as liaison with the County ;µ''~,~',
on all issues relating to this Agreement, ,~f,'~;i3
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N. The Town shall provide the County with the opportunity to provide input to any billing system changes
prior to implementation.
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Exhibit A: Scope of Services (Page Two}
~. The Town shall cooperate with the County to develop procedures and reporting modifications to
satisfy deficiencies identified in yearly audits.
P. To the extent possible, the Town shall provide additional computer services in the form of special
computer programs or printouts to the County at no cost.
Q. The Town shall maintain books, records, documents and other evidence directly pertinent to performance
under this Agreement in accordance with generally accepted accounting principles and practices consistently
applied. The Town shall also maintain the financial information and data used by the Town in the
preparation or support of the cost submission and a copy of the cost summary submitted to the County. The
County shall have access to such books, records, documents and other evidence for inspection, audit and
copying. The Town shall provide proper facilities for such access and inspection,
R. Audits conducted under this provision shall be in accordance with generally accepted auditing standards
and established procedures and guidelines of the reviewing or audit agency~ies}.
S. The Town agrees to the disclosure of all information and reports resulting from access to records, as
described in Item Q, to the County designated auditor, provided that the Town is afforded the opportunity for
an audit exit conference and an opportunity to comment and submit any supporting documentation on the
pertinent portions of the draft audit report and that the final audit report will include written comments of
reasonable length, if any, of the Town.
T. At the request of the County and with the concurrence of the Town, the Town may provide billing and
collection services for sewer accounts receiving water from private water companies:
1. If the Town agrees to provide billing and collection services for these accounts, the County shall pay
fees as described in Article 3. -Financing.
The County shall provide the following services for the Town:
A. Adjust the Town sewer user fee accounts as required.
B. Answer sewer user complaints from the Town customers.
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C. Accept responsibility to collect all delinquent sewer accounts served by the Town after they have been ~ul'~'
written off to bad debt expense by the Town. i~~~
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D. Inspect and identify any computer errors and notify the Town of any necessary changes. ~k'~~~i
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E. The County and Town will review and adjust the monthly administrative billing fee on an annual ;~;;°~:u!~
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basis, provided the fees are appropriate.
F. The County and the Town agree to provide security measures for all hardware and software to assure
confidentiality ofall data. Each entity is to provide security for its own facility and information.
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~~ F. ANN RQDRIGUEZ, RECORDER
RECORDED BY: MRS
DEPUTY RECORDER
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PIMA CO CLERK OF THE BOARD
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RESaLUTION No. 200- 90
RESOLUTION OF THE BOARD GF SUPERVISORS GF PIMA
COUNTY, ARIZONA, AUTHORIZING AND APPROVING AN
AGREEMENT BETWEEN TOWN OF MARANA AND PIMA
COUNTY TD EXCHANGE PROPRIETARY WATER USE
INFORMATION FOR THE PURPOSE OF CALCULATING
BILLINGS TO SEWER USERS.
WHEREAS, Pima County ~"County"} is empowered by A.R.5.11-Zb4 to operate
and maintain a public sanitary sewerage system and is the designated public sewer
system provider for the residents of Pima County; and
WHEREAS, the Town of Marana ~"Town"} is a public water provider for
residents of a portion of Pima County; and
WHEREAS, the Town and the County wish to accommodate the shared
customers of both entities by billing sewer user fees based on the Town's customer water
use data; and
WHEREAS, it is necessary for County to acquire water use data from the Town
in order to calculate the statutorily authorized billing of sewer user fees to county
residents; and
WHEREAS, the County wishes to enter into an intergovernmental agreement
with the Town to receive and utilize the Town's customer water use data for the purpose
of calculating, billing and collecting sewer user fees from the Town's customers; and
WHEREAS, the Town is willing to provide its customer water use data to the
County and wishes to enter into an intergovernmental agreement with County for this
purpose;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD DF
SUPERVISORS OF PIMA COUNTY, ARIZONA, THAT:
Section 1. The intergovernmental agreement between the Town of Marana and Pima
County for the purpose of exchanging water use and sewer user data is hereby approved.
Section Z. The Chair of the Board of Supervisors is hereby authorized to sign the
aforesaid intergovernmental agreement for the Board.
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Section 3, The various Pima County officers and employees be and hereby are
Resolved by the Board of Supervisors of Pima County, Arizona, this I9th da of
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PIMA C0 a VISORS
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Richard EI i as, Chair
. ~ .. ~ MAY ~ 9
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MARANA RESOLUTION NO.2009-46
RELATING TD WATER SERVICE; APPROVING AND AUTHORIZING THE EXECUTION
OF THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA
AND PIMA COUNTY FOR BILLING OF SEWER USER ACCOUNTS AND PROVISION OF
VL~ATER CONSUMPTION DATA
WHEREAS, Pima County ~"County"} is empowered by A.R.S. § 1 I -2b4 to o erate and
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maintain a public sanitary sewerage system and is the designated public sewer s stem rovider
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for the residents of Pima County; and
WHEREAS, the Town of Marana ~"Marana"} is a public water provider for residents of a
portion of Puna County; and
WHEREAS, the Town and the County wish to accommodate the shared customers of
both entities by billing sewer user fees based on the Town's customer water use data; and
WHEREAS, it is necessary for the County to acquire water use data from the Town in
order to calculate the statutory authorized billing of sewer user fees to county residents; and
V~HEREAS, the County wishes to enter into an intergovernmental agreement with the
Town to receive and utilize the Town's customer water use data for the purpose of calculatin
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billing and collecting sewer user fees from the Town's customers; and
WHEREAS, the Town is willing to provide its customer water use data to the County and
wishes to enter into an intergovernmental agreement with the County for this purpose.
NOV4~, 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 Pima
County attached to and incorporated by this reference in this resolution as Exhibit A for the
purpose of exchanging water use and sewer data is hereby approved.
SECTION 2. The Mayor is hereby authorized and directed to execute, and the Town
Clerk in hereby authorized to attest to, 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.
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Marana Resolution X009-46
PASSED AND ADOPTED BY THE MAYOR AND CO~TN~~L DF THE TOwN OF
MARANA, ARIZONA, this 2151 day of AprYl, 2009.
ATTEST:
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7 celyn Bronson, Town Clerk
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Mayor ~~d I-~onea
APPROVED AS To FORM:
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Manna Resolution 2QQ9-4b
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