HomeMy WebLinkAboutResolution 2014-116 2014 Sewer Billing IGAMARANA RESOLUTION NO. 2014-116
RELATING TO UTILITIES; APPROVING AND AUTHORIZING THE MAYOR TO
EXECUTE A RETROACTIVE EXTENSION, THROUGH NOVEMBER 30, 2014, OI� THE
EXISTING INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF
MARANA. AND PIMA COUNTY FOR PROVISION OF WATER CONSUMPTION DATA
AND SEWER USER ACCOUNT BILLING SERVICES; AND APPROVING AND
.AUTHORIZING THE MAYOR TO EXECUTE A NEW INTERGOVERNMENTAL
AGREEMENT, EFFECTIVE DECEMBER 1, 2014, BETWEEN THE TOWN OF MARANA
AND PIMA COUNTY FOR PROVISION OF WATER CONSUMPTION DATA AND
SEWER USER ACCOUNT BILLING SERVICES
WHEREAS Pima County operates and maintains a public sanitary sewerage system and
is the designated public sewer system provider for the eastern and southern portions of the Town
of Marana; and
WHEREAS the Town of Marana is the potable water provider for a portion of the area
that receives sewer service from Pima County; and
WHEREAS the Town and Pima County entered into an intergovernmental agreement eI-
fective May 19, 2009 for provision of water consumption data and sewer user account billing
services which (with previously - adopted extensions) terminated on May 18, 2014 the "Existing
Billing IGA "); and
WHEREAS the Town has sought and Pima County has approved an increase from $0.84
to $1.00 per account per month to cover the Town's costs of providing the services; and
WHEREAS the Town and Pima County desire to extend the Existing Billing IGA
through November 30, 2014, to close out the old rate; and
WHEREAS the Town and Pima County desire to enter into a new intergovernmental
agreement effective December 1, 2014, for provision of water consumption data and sewer user
account billing services (the "New Billing IGA "), to implement the new rate.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR. AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, AS FOLLO S
SECTION 1. The retroactive extension of the Existing Billing IGA through Novem-
ber 30, 2014, attached as Exhibit A to and incorporated by this reference in this resolution, is
hereby approved, and the Mayor is hereby authorized to execute it for and on behalf of the Town
of Marana.
SECTION 2. The New Billing IGA attached as Exhibit B to and incorporated by this ref-
erence in this resolution is hereby approved, and the Mayor is hereby authorized to execute it for
and on behalf of the Town of Marana.
Resolution No. 2014 -116 11/3/2014 1:21 1'M FJC
SECTION 3. The Town's Mana and staff are hereb directed and authorized to under-
take all other and further tasks re or beneficial to carr out the terms, obli and ob-
jectives of the Existin Billin IGA as extended pursuant to this resolution and the New Billin
IA approved b this resolution.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 18"' da of November, 2014.
Ma Ed onea
ATTEST:
ocel C. ronson, Town Clerk ra Cas y , Town orne
C
OCIC
.
MARINA 7
AVIS/
VNINI,
klzot4f
APPROVED AS TO FORM:
Resolution No. 2014-116 11/3/2014 1:21 PM FJC
PIMA COUNTY REGIONAL WASTEWATER
RECLAMATION DEPARTMENT
PROJECT: Provision of Water Consumption Data
CONTRACTOR: Town of Marana
CONTRACT NO.: CT-1 2*1117
CONTRACT AMENDMENT NO.: Five_(5
O
NO I did,, l) poswoe0opoop
AMENDMENT NO. --- 6) #650
This number must appear on all
invoices, c c r r e s P o n d e n C. e and
d o c u rn, c; its pertainin 10 this
contract.
ORIG. CONTRACT TERM: 0511912009 - 0511812010 ORIG. CONTRACT AMOUNT: $ 451000-00
TERMINATION DATE PRIOR AMENDMENT: 05118114 PRIOR AMENDMENTS: $ 18010:00.00
TERMINATION THIS AMENDMENT: 11130114 AMOUNT THIS AMENDMENT: $ 241164.00
REVISED CONTRACT AMOUNT: $249,164.00
CONTRACT AMENDMENT
WHEREAS, COUNTY and CONTRACTOR entered into a Contract for services as referenced above; and
WHEREAS, CONTRACTOR and COUNTY, pursuant to Article 4 - Term, have a to retroactivel extend the
Contract term for a period of 196 DAYS and
WHEREAS, CONTRACTOR and COUNTY have a to increase the contract amount to allow pa for the
continued provision of water consumption data durin the extended term of the contract.
NOW, THEREFORE, it is a as follows:
CHANGE: ARTICLE I - TERM:
From: shall terminate on the 18th da of Ma 2014..."
To: 11... shall terminate on the 30 da of November, 2014..."
CHANGE: ARTICLE III - PAYMENT:
From: "Total pa for this Contract shall not exceed $180,000.00."
To: "Total pa for this Contract shall not exceed $249,164.00."'
The effective date of this Amendment shall retroactivel be Ma 19, 2014.
(THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK)
95557 / 00168597 / v 1 Revised 06102/10 Pa 1 of 3
All other provisions of the Contract, not specificall chan b this Amendment, shall remain in effect and be
bindin upon the parties.
IN WITNESS THEREOF, the parties have affixed their si to this Amendment on the dates written below.
APPROVED:
. � . �'/�b� ✓vYl�u�SVY�
Chair, Board of Supervisors
NOV 18 2014
CONTRACTOR:
Si
Date
ATTEST
Name and Title (Please Print)
Date
ATTEST:
Clerk of Board
Date
APPROVED AS TO CONTENT
pyiector, RWkD
Did car, Pima Count Finance
Town Clerk
Date
955571 00168597 / v 1 Revised 06/02/10 Pa 2 of 8
All other provisions of the Contract, not specificall chan b this Amendment, shall remain in effect and be
bindin upon the parties.
IN WITNESS THEREOF, the parties have affixed their si to this Amendment on the dates written below.
APPROVED:
Chair, Board of Supervisors
Date
ATTEST
Clerk of Board
CONTRAC
Si
td. �4c��e M��Or--
Jr
Name and Title (Please Print)
Date
ATTEST:
I fj,,,vn Clerk
of'
Date
APPROVED AS TO FORM:
Deput Count Attorne
APPROVED AS TO CONTENT
Director, RWRD
Director, Pima Count Finance
Date
Mai a ties Di rector
zof�
Marana Fin/a/ - de Director
Exhibit A to Resolution No. 2014-116
'955571 00168597 / v I Revised 06/02110
Pa 2 of 3
Intergovernmental Agreement Determination
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
proper form and is within the powers and authority granted under the laws of the State of Arizona
to those parties to the Intergovernmental Agreement represented by the undersigned.
Exhibit A to Resolution No. 2014 -116
95557 1 00/68597 1 v 1 Revised 06/02/10 Page 3 of 3
CONTRACT
AMENDMENT NO,
This number must appear or) all
invoices, coy respondence and
docu p e r t a i n i n g to this
Inter -nmental A
between
Pima Connt
and the
Town of Marana
fo r
the provision of
Water Consumption Data
This Inter A (IGA) is entered into b and between Pima Count a bod
politic and corporate of the State of Arizona ("Count and the Town of Marana (Town) pursuant to
A.R.S. § 11-952.
Recitals
1. Count and Town ma contract for services and enter into a with one another for joint
or cooperative action pursuant to A. ..S. § J 1-95 1, et se
2. Count and Town desire to exchan proprietar water use information for the purpose of
calculatin billin to sewer users.
NOW, THEREFORE, Count and Town, pursuant to the above, and in consideration of the matters
and thin hereinafter set forth, do mutuall a as follows:
A
1. Purpose. The purpose of this IGA is to exchan water use data for the purpose of calculatin
billin and collectin sewer user fees from the Town's custorners.
2. Scope of Services, See attached Exhibit A ( Three ( 3) pa
3. Financili
at For the services described in Item 2 above, the Count a to pa and the Town
a to offset a arnounts owed the Count a monthl administrative and billin
fee (collectivel the "Unit Price") of $1.00 per account per inonth. Such fees will
reimburse the Town for the cost of billin and collection services each y ear. Total
pa for this contract shall not exceed $55,000,00 annuall In the event population
g rowth pro j ections point to a potential exceedence of the $55,000 annual limit, Count
and Town a to ineet to discuss increasin fundin to allow pa for the
continued provision of services provided, however, the terms of this IGA ina onl be
amended pursuant to Article 21, below.
b. No state or municipal taxes are applicable to the IGA.
c. The Town. shall provide detailed documentation in support of re pa
Pa re shall assi all costs to items identified b this section,
95557 / 00160767 / v5 Pa I of 6
d. It is the intention of both parties that the billing fee shall remain firm during the term of
the IGA. Billing fee increases shall only be considered in conjunction with a renewal of
the IGA. In the event that economic conditions are such that a billing fee increase is
desired by the Town upon renewal of the IGA, the Town shall submit a written request
to the County with supporting documents justifying such increase at least 90 days prior
to the termination date of the IGA. It is agreed that the Unit Price shall include
compensation for the Town to implement and actively conduct cost and price control
activities.
4. Term. The term of this Agreement shall commence oil December 1, 201.4 and shall terminate on
November 30, 2016, unless sooner terminated or further extended pursuant to the provisions of
this Agreement. Tile parties may renew this Agreement for up to four (4) additional one --year
periods or any portion thereof.
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.
5. Indemnification. Each party (as Indemnitor) agrees to indemnify, defend and hold harmless the
other party (as Indemnitee) from and against any and all claims, losses, liability, costs or expenses
(including reasonable attorney's fees) (hereinafter 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 vicarious /derivative liability to the Indemnitee, are caused by the act,
ornission, negligence, misconduct, or other fault of the Indernnitor, its officers, 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 type(s) and amounts of insurance:
a. If required by law, workers' compensation coverage including employees' liability
coverage.
The above requirement may be alternatively met through self insurance pursuant to A.R.S. §§ 11-
26] and ] 1 -981 or participation in an insurance risk pool under A.R.S. § 11.952.), at no less than
the minimal coverage levels set forth in this article.
Parties to this agreement shall provide thirty (30) days written notice to all parties to this IGA of
cancellation, non - renewal or material change of coverage.
S. Compliance with Laws. The parties shall comply with all federal, state and local laws, rules,
regulations, standards and Executive orders, without limitation to those designated within this
IGA. The laws and regulations of the State of Arizona shall govern the rights of the parties, the
performance of this IGA and any disputes hereunder. Any action relating to this IGA shall 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, color, religion, sex,
disability or national origin in the course of carrying out their duties pursuant to this IGA. The
parties shall comply with the provisions of Executive order 75 -5, as amended by Executive order
99.4, which is incorporated into this IGA by reference, as if set forth in full herein.
95557 / 00160767 / v5 Page 2 of 6
10. ADA. The parties shall comply with all applicable provisions of the Americans with Disabilities
Act (Public Law 1.01 -336, 42 U.S.C. 121.01- 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. Termination /Cancellation. 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 may be
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.
16. worker's Compensation. Each party shall comply with the notice of A.R.S. § 23 -1022 (E). For
purposes of A.R.S. §23 -1 022, 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.
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 ernployment relationship between the parties
or create any employer- employee relationship between count and ally Town employees, or
between Town and any County employees. Neither party shall be liable for any debts, accounts,
obligations or other liabilities whatsoever of the other, including ('Without liilnitation) the other
party's obligation to withhold Social Security and income taxes for itself 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 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 (or at such other address
as may be identified by a party in writing to the other party):
95557 / 00160767 / v5 Page 3 of 6
COUNTY:
Director
Regional wastewater Reclamation Dept.
201 N. Stone, 8 "' Floor
Tucson AZ 85701
With copies to.
County Administrator
Pima County
130 W. Congress, 10 "' Floor
Tucson AZ 85701
and:
Clerk of the Board
Pima County
130 W. Congress, 5�' Floor
Tucson AZ 55701
TOWN:
Town Manager
Town of Marana
i 1555 W. Civic Center Drive
Marana AZ 85653
With copies to:
Town Attorney
Town of Marana
11555 W. Civic Center Drive
Marana AZ 55653
20. Legal Arizona workers Act Compliance.
a. Town hereby warrants that it wi ll 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 for Town under this contract likewise complies with the State and Federal
Immigration Laws.
b. 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.
c. 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 may be 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.
d. 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 will 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. § 23-21.4 (A). Subcontractor further agrees that County
may inspect the Subcontractor's books and records to insure that Subcontractor is in
95557 / 00160767 / v5 Page 4 of 6
compliance with these re An breach of this para b Subcontractor will
be deemed to be a material breach of this contract subjectin Subcontractor to penalties
up to and includin suspension or termination of this contract."
21. Entire A This document constitutes the entire A between the parties
pertainin to the subject rnatter hereof, and all prior or contemporaneous a and
understandin oral or written, are hereb superseded and mer herein. This IGA shall not be
modified, amended, altered or extended except throu a written amendment si b the
parties and recorded with the Pima Count Recorder, or Arizona Secretar of State, whichever is
appropriate.
In Witness Whereof, Count has caused this Inter A to be executed b the
Chairman of its Board of Supervisors, upon resolution of the Board and attested to b the Clerk of the
Board, and Town has caused this Inter A to be executed b the Ma Town of
Marana, upon resolution of the Ma and attested to b the Town Clerk.
PIMA COUNTY:
Chairperson, Board of Supervisors
NOV 18 2014
ATTEST:
Clerk of the Board
NOV 18 2014
Date:
APPROVAL:
TOWN OF MARANA:
Ma Town of Marana
ATTEST:
Town Clerk
Date:
The fore Inter A between Pinia Count and the Town of Marana has
been reviewed b the undersi and is hereb approved as to content.
PIMA COUNTY.
0 ecto , R
�
D4ractor, Finance Department
TOWN OF MARANA:
95557 / 00160,767 / v5 Pa 5 of 6
compliance with these re An breach of this para b Subcontractor will
be deemed to be a material breach of this contract sub Subcontractor to penalties
up to and includin suspension or termination of this contract."
21. Entire A This document constitutes the entire A between the parties
pertainin to the subject matter hereof, and all prior or contemporaneous a and
understandin oral or written, are hereb superseded and mer herein. This IGA shall not be
modified, amended, altered or extended except throu a written amendment si b the
parties and recorded with the Pima Count Recorder, or Arizona Secretar of State, whichever is
appropriate.
In Witness Whereof, Count has caused this Inter A to be executed b the
Chairman of its Board of Supervisors, upon resolution of the Board and attested to b the Clerk of the
Board, and Town has caused this Inter A to be executed b the Ma Town of
Marana, upon resolution of the Ma and attested to b the Town Clerk.
PIMA COUNTY:
Chairperson, Board of Supervisors
ATTEST:
Clerk of the Board
Date:
APPROVAL:
TOWN OF�A NAi
Ma Tow of Marana
ATTEST:
g Tw`nClerk
Date: / /� /9- Cq_0
The fore Inter A between Pima Count and the Town of Marana has
been reviewed b the undersi and is hereb approved as to content.
PIMA COUNTY:
Director, RWRD
Director, Finance Department
TOWN OF MARANA:
flit' s Director
Finance ector
c�
Exhibit B to Resolution No. 2014-116
95557 / 00160767 / v5 Pa 5 of 6
Intergovernmental Agreement Determination
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
proper form and is within the powers and authority granted under the laws of the State of Arizona
to those parties to the Intergovernmental Agreement represented by the undersigned.
Exhibit B to Resolution No. 2014-116
95557 / 00160767 / v5 Page 6 of 6
EXHIBIT A: Scope of Services
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-oft) 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.
P. 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 systern.
H.. Consistent with Pima County Code §13.24.120(D), process all customer wastewater
account vacant/vacation requests.
I. Provide a monthly report of vacant/vacation requests processed by the Town, including the
account number, customer name, service address, initiation date of vacancy, and the
termination date of vacancy.
J. 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.
K. 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.
L. At the request of the County, the Town shall provide to the County all data related to the billing
and collection of sewer user fees within the Town, at no cost to the County.
M. Tile Town shall provide a Project Manager for this Agreement who shall serve as liaison with
the County on all issues relating to this Agreement.
95557/00161-976 I v l Page I of 3
EXHIBIT A: Scope of Services
N. The Town shall provide the County with the opportunity to provide input to any billing system
changes prior to implementation.
D. 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.
�. 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.
C. Accept responsibility to collect all delinquent sewer accounts served by the Town after they
have been written off to bad debt expense by the Town.
D. Inspect and identify any computer errors and notify the Town of any necessary changes.
E. The County and Town will review and adjust the monthly administrative billing fee on an
annual basis, provided the fees are appropriate.
95557/001 I v 1 Page 2 of 3
EXHIBIT A: Scope of Seigvi*ces
P. The County and the Town agree to provide security measures for all hardware and software to
assure confidentiality of all data. Each entity is to provide security for its oven facility and
information.
955571 001619761 v 1 Page 3 of 3