HomeMy WebLinkAboutResolution 2006-087 IGA with U of A - water conservation alliance of southern arizona
MARANA RESOLUTION NO. 2006-87
RELATING TO WATER SERVICE; APPROVING AND AUTHORIZING AN
INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA AND THE
UNNERSITY 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 CAS A 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 2007, will be
$6,793; 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 ofthe 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 20th day of June, 2006.
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Mayor Ed Honea
ATTEST:
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APPROVED AS TO FORM:
RSO 060620 Water CASA 07 RSO 2006-87
2
APM 06/20/2006
INTERGOVERNMENTAL MEMBER AGREEMENT
Between the
TOWN OF MARANA, ARIZONA
And
ARIZONA BOARD OF REGENTS
For the
UNIVERSITY OF ARIZONA
Tucson.A~ona
To extend membership in the
WATER CONSERVATION ALLIANCE
OF SOUTHERN ARIZONA
This Agreement is made pursuant to the Arizona Revised Statutes 9 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 9 15-1625. Member is authorized to enter into this
Agreement pursuant to Arizona Revised Statute 99 9-240 and 11-951.
1. INTRODUCTION
The Town of Marana, Arizona, for its Municipal Water Department, (the Member) and the Drachman
Institute of 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. Drachman Institute, each believe that the establishment of a more formal
relationship, to be kriown at 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 concemitself 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 deyelopment 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 Drachman Institute 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 OT 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 Drachman Institute, 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-CAS A;
(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 CASA, 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 Director of Water CASA
A The Director will be a UA staff member assigned to Drachman Institute 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 contributi()n 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 2006, 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 2007 will be $~ t,) ?93,
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
DRACHMAN INSTITUTE 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 rlotice.
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 ofthis 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 $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. 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.
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IN WITNESS WHEREOF, the Parties do hereby execute this Agreement effective as of the date later in
time indicated below.
G It/€S 3,
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Brad DeSpain, Director
Municipal Water Department
Date /#O/tJ6
I .
The Attached intergovernmental agreement, which is an agreement between public agencies, has been reviewed pursuant to A.R.S.
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.
University of Arizona
Board of Regents
dkL- QiLU J InlIlL--
Lee Anne T. Peters
r.nntra/"'t Offi/"'Ar
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as to content:
Date
:)73D /Cb
DATED this
day of
,2006
The Attorney General
Assistant Attorney General
The Attached intergovernmental agreement, which is an agreement between public agencies, has been reviewed pursuant to A.R.S.
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 cf(~ay Of~, 2006
Town of Marana . !
INTERGOVERNMENTAL AGREEMENT
DETERMINATION
AGENCY NAME:
Town of Marana, Arizona
AWARD EFFECTIVE DATE:
Upon filing with Secretary of State
TERMINATION DATE:
One year from effective date
$1;fi36 6,193 rP-
AMOUNT:
PURPOSE:
To Extend Membership in the Water
Conservation Alliance of Southern Arizona
UNIVERSITY COLLEGE/DEP AR TMENT:
Drachman Institute
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 Arizona Board of
Regents, University of Arizona.
Dated this 30('- Day of-~r
L/
,2006.
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BY:~_
BUDGET - WATER CASA - FRS ACCOUNT # 420370
2006- 2007 Contribution from Town of Marana
PERSONNEL
Cons Spec - Val Little - 564 62 5381
ERE =38.7%
Admin Assist -
ERE =38.7%
TOTAL PERSONNEL
GRAND TOTAL
AMOUNT
3804.61
1268.20
5072.81
ERE
1472.38
490.79
1963.17
7,036.00
TOTAL
5277.00 J
1759.00 v
7036.00
7036.00 J