HomeMy WebLinkAboutResolution 2021-054 Authorizing to Sign Contract NO:2020-3123 IGA with AZ of Water Resources for Funding to Support the Creation & Implementation of the Marana Citizens' Water Academy MARANA RESOLUTION NO. 2021-054
RELATING TO UTILITIES; APPROVING AND AUTHORIZING THE TOWN
MANAGER TO SIGN CONTRACT NO: 2020-3123 IGA WITH THE ARIZONA
DEPARTMENT OF WATER RESOURCES FOR FUNDING IN AN AMOUNT NOT TO
EXCEED $25,000 TO SUPPORT THE CREATION AND IMPLEMENTATION OF THE
MARANA CITIZENS' WATER ACADEMY
WHEREAS the Town of Marana and the Arizona Department of Water Resources
desire to enter into an intergovernmental agreement for funding in an amount not to
exceed$25,000 to support the creation and implementation of the Marana Citizens'Water
Academy; and
WHEREAS the Mayor and Council feel it is in the best interests of the Town and
its citizens to enter this intergovernmental agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, ARIZONA, that the "Contract No: 2020-3123 IGA" attached
to and incorporated by this reference in this resolution as Exhibit A is hereby approved,
and the Town Manager is hereby authorized and directed to sign it for and on behalf of
the Town of Marana.
IT IS FURTHER RESOLVED that the Town's Manager and staff are hereby
directed and authorized to undertake all other and further tasks required or beneficial to
carry out the terms, obligations, and objectives of the aforementioned intergovernmental
agreement.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 20th day of April, 2021.
z ()MARANA AZ Mayor Ed Honea
ATTES APPROV:11 AS TO F•RM:
AO
41W ArvA
Cherry L. Law i n, Town Clerk Jane " . rall, Town Attorney
Resolution No.2021-054 4/9/2021 8:23 AM
EXHIBIT A
Page 1
CONTRACT NO: 2020-3123 IGA
STATE OF ARIZONA
DEPARTMENT OF WATER RESOURCES
1110 West Washington Street,Suite 310
Phoenix,AZ 85007
This Agreement is awarded by the Drought Contingency Plan Groundwater Conservation Grant and entered into by the
TOWN OF MARANA ("TOWN"), and the DIRECTOR of the ARIZONA DEPARTMENT OF WATER
RESOURCES("DEPARTMENT"),pursuant to A.R.S. § 41-2702.
This document,including the General Provisions,Special Provisions,Scope of Service,and any attachments,shall constitute
the entire agreement between the parties and supersedes all other understandings,oral or written.
Service: Marana Water Citizens' Water Academy
Term: Effective through April 30,2025
Amount:Not to exceed$25,000
The parties hereto agree to carry out the Provisions of this Agreement.
TOWN OF MARANA ARIZONA DEPARTMENT OF WATER RESOURCES
Signature of Authorized Individual Date Signature of Authorized Individual Date
Terry Rozema Thomas Buschatzke
Typed Name Typed Name
Town Manager Director
Typed Title Typed Title
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CONTRACT NO: 2020-3123 IGA
CONTENTS PAGE
THIS AGREEMENT CONSISTS OF:
Page No.
I. COVER PAGE 1
2. CONTENTS PAGE 2
3. GENERAL PROVISIONS 3
4. SPECIAL PROVISIONS 6
5. SCOPE OF SERVICES
A. Purpose 7
B. Effective Date 7
C. Term 7
D. Notices,Correspondence and Reports 7
E. Payment 8
F. Introduction 8
G. Scope of Work 8
H. Schedule of Deliverables and Payments 9
6. LEGAL DETERMINATION 11
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CONTRACT NO: 2020-3123 IGA
GENERAL PROVISIONS
1. GENERAL REQUIREMENTS:
1.1. The parties shall obtain and maintain all licenses, permits and authority necessary to perform their obligations
pursuant to this Agreement, and shall comply with all applicable state, federal and local laws, including but not
limited to those regarding unemployment insurance, disability insurance and worker's compensation. This
Agreement does not relieve either party from any obligation or responsibility imposed upon it by law.
1.2. Neither party shall be considered an employee or agent of the other. No monitoring or supervisory responsibility
over the other party's activities arises on the part of the other or arises as a result of,or pursuant to,this Agreement
other than as expressly provided herein.
1.3. In this Agreement, Special Provisions alter the General Provisions. If the Special Provisions conflict with the
General Provisions,the Special Provisions shall govern. If the Scope of Services conflicts with either the Special
Provisions or the General Provisions,the terms of the Scope of Services shall govern.
1.4. The provisions of this Agreement are severable to the extent that if any provision is held unenforceable under
applicable law,the remaining provisions of the Agreement shall remain in effect.
1.5. This Agreement shall be interpreted in accordance with Arizona law. Disputes arising out of this Agreement are
subject to the jurisdiction of the Superior Court of the State of Arizona.
2. INDEMNIFICATION:
Each party to this Agreement is independently responsible in the event of its own negligence. Neither party agrees to
indemnify the other party.
3. RESOLUTION OF DIFFERENCES:
3.1. The parties agree to resolve all conflicts to the maximum extent possible through cooperation and coordination of
the respective party's staff. If staff is unable to resolve any dispute, it shall be submitted for resolution to the
Department of Water Resources' Water Planning and Permitting Division Assistant Director.
3.2. Disputes arising out of this Agreement are subject to arbitration to the extent required by A.R.S. § 12-133 and §
12-1518. Disputes not subject to arbitration are subject to the jurisdiction of the Maricopa County Superior Court.
3.3. The waiver of any breach or default of any of the provisions of this Agreement shall not be construed as a waiver
of any succeeding breach of the same or other provisions; nor shall any delay or omission on the part of either
Party to exercise or avail itself of any right,power or privilege that it has or may have hereunder operate as a waiver
of any breach or default by the other Party.
4. TERMINATION:
4.1. Each party shall have the right to terminate this Agreement in whole or in part,with or without cause,by providing
the other party written notice of termination, effective fifteen (15) calendar days subsequent to the mailing by
certified mail of such Notice of Termination.If the termination is partial,the parties shall continue to perform those
portions of this Agreement which have not been terminated.
4.2. In the event of Termination as provided in subsection 4.1:
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CONTRACT NO: 2020-3123 IGA
4.2.1.The Department shall pay to the Town its reasonable actual costs for work in progress as determined by
generally accepted accounting principles and practices.
4.2.2.If any Payments have been made on an advance basis,the Town shall return any unexpended monies within
fifteen(15)calendar days of receipt of Notice of Termination.
4.2.3.The Town shall deliver to the Department all work in progress,and any completed documents,programs,data
and other information or deliverables as described in this Agreement.
4.3. The Department or the State of Arizona may cancel this Agreement without penalty or further obligation pursuant
to A.R.S. § 38-511,which provides for cancellations of any contract made by the State, its political subdivisions,
or any of the departments or agencies of either if any persons significantly involved in initiating, negotiating,
securing,drafting or creating the contract on behalf of the State,its political subdivisions or any of the departments
or agencies of either is, at any time while the contract or any extension of the contract is in effect,an employee or
agent of any other party of the contract with respect to the subject matter of the contract.
4.4. In the event of cancellation under Section 4.3 of this Agreement or if the term of the Agreement expires the Town
shall receive or return Payment as established in Section 4.2
4.5. In the event that the parties mutually agree to terminate a portion of the Agreement, the Town shall continue to
perform this Agreement to the extent not terminated under the provisions of this Section and receive or return
Payment as established in Section 4.2.
5. NON-DISCRIMINATION:
The Parties shall comply with State Executive Order No. 75-5, as amended by State Executive Order No. 2009-9, and
all other applicable Federal and State laws, rules and regulations relating to equal opportunity and non-discrimination,
including the Americans with Disabilities Act.
6. PAYMENTS:
6.1. Payments made by the Department to the Town pursuant to this Agreement are conditioned upon the availability
to the Department of monies authorized for expenditure in the manner and for the purpose provided herein. The
Department shall not be liable for any purchases entered into by the Town in anticipation of such funding.
6.2. Payments are conditioned upon receipt of an applicable, accurate and complete invoice prepared by the Town in
accordance with the Town's normal format and customary documentation. In the event of any conflict between
this Agreement and any invoice,this Agreement shall prevail.
6.3. If the Town is determined by the Department to be in default in the performance of any obligation under this
Agreement,the Department,may,at its option and in addition to other available remedies,either adjust the amount
of payment or withhold payment until satisfactory resolution of the default.
6.4. The Department may, at its option, withhold payment until receipt of all final reports or documents or until
completion of a financial audit.
7. RECOUPMENT OF PAYMENTS:
The Town shall immediately reimburse all monies not spent in accordance with the terms of this Agreement.
8. BOOKS, RECORDS AND INSPECTION:
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CONTRACT NO: 2020-3123 IGA
All books,accounts,reports,files and other records relating to the Agreement shall be subject at all reasonable times to
inspection and audit by the State of Arizona and the Department for five(5)years after completion of the Agreement.
Such records shall be produced at such state offices as are designated by the State of Arizona and the Department.
9. NOTICES:
Whenever notice is required pursuant to this Agreement, such notice shall be in writing and shall be directed to the
persons and addresses specified in the Scope of Services or to such other persons and/or addresses as either party may
designate to the other party in writing. Notice shall be delivered in person or by certified mail,return receipt requested.
10. AMENDMENTS:
Amendments to this Agreement shall not be effective unless in writing and signed by all parties.
11. SUBCONTRACTS:
Proposals to subcontract any Task or work described in this Agreement must be approved by the Department. Any
subcontractor shall comply with the terms and conditions of the provisions of this Agreement.
12. WAIVERS:
Neither the Town nor the Department shall waive or modify any condition or requirement contained in or made a part
of this Agreement without a written amendment signed by the parties.The waiver of any breach or default of any of the
provisions of this Agreement shall not be construed as a waiver of any succeeding breach of the same or other provisions.
13. DELIVERABLES:
Upon receipt of a Deliverable,the Department shall have a reasonable time period,not to exceed 45 days,to review the
Deliverable. If the Department identifies deficiencies in the Deliverable,the Department shall provide the Town written
comments and shall establish a time period by which the identified deficiencies shall be corrected. If the deficiencies
are not corrected within this time frame, the Department reserves the right to terminate the Agreement immediately
upon sending written notice of such termination.
14. REPORTS, INFORMATION AND DATA:
Ownership of all reports,information,data,computer data elements and software prepared by the Town in performance
of this Agreement shall vest jointly in the parties. Subject to applicable State and Federal laws and regulations, the
parties shall have full and complete rights to reproduce, duplicate, disclose and otherwise use all such information. In
doing so, each party shall give credit for the contribution of the others.
15. DEPARTMENT ACKNOWLEDGMENT:
The Town shall ensure that the Department is acknowledged in all news releases,brochures, websites,other publicity
or print pieces funded by the Department through this agreement by specifying that the project is funded,supported or
made possible by funds from the Department. The name of the Department and its logo must appear in a conspicuous
location and be large enough to be easily legible. If space is limited,the Department logo alone may be used.
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CONTRACT NO: 2020-3123 IGA
SCOPE OF SERVICES
A. PURPOSE:
The purpose of this project is to provide support to the Town of Marana to develop and implement the Marana Water
Citizens' Water Academy(CWA).
B. EFFECTIVE DATE:
This Agreement shall become effective upon the date it is executed by all parties.
C. TERM:
This Agreement shall be effective through April 30, 2025.
D. NOTICES, CORRESPONDENCE AND REPORTS:
1. Notices,correspondence,reports and payments from the Department to the Town shall be sent to:
Program Administrator:
Amanda Jones
Business Services Coordinator
Town of Marana
11555 W. Civic Center Dr.
Marana,AZ 85653
Email:ajones@maranaaz.gov
Phone: 520-382-2670
2. Notices and correspondence from Town to the Department shall be sent to:
Contract Officer:
Scott Selin
Arizona Department of Water Resources
1110 West Washington Street, Suite 310
Phoenix,AZ 85007
Email: sdselin@azwater.gov
Phone: (602)771-8508
3. Any invoices, quarterly/technical reports and inquiries regarding the technical aspects of this Agreement should
be made to:
Technical Administrator:
Melissa Sikes
Arizona Department of Water Resources
1110 West Washington Street, Suite 310
Phoenix,AZ 85007
Email: msikes@azwater.gov
Phone: (602)771-8449
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CONTRACT NO: 2020-3123 IGA
E. PAYMENT:
The maximum amount of monies to be expended by the Department pursuant to this Agreement is $25,000. Payments
will be made in accordance with the Payment Schedule and are subject to receipt and approval of all Deliverables.
The Program Administrator shall submit invoices to the Technical Administrator for approval. The invoices shall be
itemized in sufficient detail to justify payment for services performed in accordance with the tasks listed.
An additional contribution will be made by the Town in the sum of$9,978.30. Of the $9,978.30 contribution, $2,500
will be in the form of cash.The remaining balance of the contribution will consist of work done by Town employees in
furtherance of the CWA,as based upon Town employee salary estimates from February 2020.
F. INTRODUCTION:
The purpose of this Agreement is to determine optimal communication strategies and to identify best practices for the
use of Advanced Metering Infrastructure (AMI) in the Town's system with the hope to see a decrease in our gallons
per capita per day, allowing a greater number of customers to be served with the same renewable supply.
G. SCOPE OF WORK:
Task 1: Conservation Material Creation
The purpose of this task is to research,develop,and create new branded conservation materials.The Town will plan to
contract with other subject matter experts to help develop the content, determine what information to include for the
general customer base and the CWA participants,and the best platform to communicate that information.Additionally,
the Town will determine how to complement or replicate the information for a digital platform. For all digital formats,
the Town will determine the proper file sizes and uses to best suit each platform.
Deliverable: Printed materials and digital brand package
Task 2: CWA Participant Recruitment
The purpose of this task is to find 15 to 20 current water customers to participate in the first academy course period.
The Town's recruitment strategy will include,but is not limited to,the following methods: direct mailers to all
Marana Water customers,notification on the monthly water bills for two months leading up to the registration
deadline, social media postings for several months on all Town of Marana pages and the Marana Water Instagram
page,messaging through the Town Manager's office, and direct outreach to HOAs and other community partners.
Deliverable: Creation of the recruitment materials will be done in Task 1. Creation of the schedule and contact list
will be done by the Business Services Coordinator(BSC)along with the development of the registration website.
Task 3: CWA Development(to be replicated with each subsequent CWA)
The purpose of this task is to establish the content and schedule for the 4 to 6 week academy course. In conjunction
with the update to the conservation materials listed in Task 1,the Town will begin outlining the content to present to
the CWA. The topics will include a high level of water operations,water financing,water quality,and water
conservation. To support each of these subjects,the participants will be given take-home materials and supplies.
Examples of these types of materials are leak checklists, sink aerators,and toilet test dye tabs. Each of the topics
listed above will be presented in a logical and meaningful order, ending with water conservation over a 4 to 6 week
period. The Town anticipates conservation to be the bulk of the content and will include the installation of an
Advanced Metering Infrastructure endpoint at each participant's home. The final course in the CWA will include a
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CONTRACT NO: 2020-3123 IGA
training on use of the customer portal and the post-course survey to compare to the pre-course survey conducted at
the first course session.
Deliverable: Establishment of the content and schedule for the course periods and the scheduling and installation of
the AMI endpoint.Also included will be the creation and delivery of the pre-and post-course surveys.
Task 4: Data Analysis and Tracking
Over the course of the pilot program the Town will need to track the customer experience with the AMI endpoint.
Over the course of the year following each cohort's completion of the CWA, Marana Water staff will review and
compare the participants' water use to begin to identify any potential change in use due to the interventions learned
from the CWA. The Town will track the water use with the newly installed AMI endpoints and compare to previous
use. The Town's current system is a monthly Advanced Meter Reading(AMR)reading, so the Town would need to
ensure normalization of the data when making comparisons using the AMI data. Eventually, as more cohorts
complete the CWA,the Town will be able to compare AMI endpoint use to one another.Throughout the year the
Town is planning intermittent contact with the participants to get status updates on the portal function and provide
reminders of the conservation programming provided in the CWA.
Deliverable: Surveys will be prepared throughout the 12-month period,but will need to be created the quarter before
they are intended to be sent to the customers. Data collection workbooks and data entry will be done as the reviews are
happening. Progress and Annual Reports will be submitted as we progress throughout the project.
H. SCHEDULE OF DELIVERABLES AND PAYMENTS:
DELIVERABLES DUE DATE(S) PAYMENTS
(Not to Exceed)
Printed Materials and Digital Brand Package May 31,2021 $6,000
Recruitment Materials, Schedule,and Contact List July 31, 2021 $1,000
Schedule for initial (approx. 20 participants)AMI endpoint
Installation&pre-and post- survey creation September 30,2021 $3,500
2022 Progress Report March 31,2022 $1,500
2022 Annual Report September 30,2022 $2,500
2023 Progress Report—mid-point of project March 31, 2023 $1,500
2023 Annual Report September 30,2023 $2,500
2023 Progress Report March 31, 2024 $1,500
2024 Annual Report September 30,2024 $2,500
2024 Progress Report March 31, 2025 $1,500
Final Report including synthesis of all collected surveys December 31,2025 $1,000
TOTAL AMOUNT $25,000
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CONTRACT NO: 2020-3123 IGA
LEGAL DETERMINATION
The attached Agreement between the Arizona Department of Water Resources and the Town of Marana has been
reviewed by the undersigned attorneys,who have determined that said Agreement is in proper form and is within the
powers and authority of those parties represented by the undersigned.
Dated
Arizona Department of Water Resources
By:
Counsel
Dated
Town of Marana
By:
Counsel