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HomeMy WebLinkAboutResolution 2003-082 IGA for the water conservation alliance of southern arizonaMARANA RESOLUTION NO. 2003-82 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA AND THE UNIVERSITY OF ARIZONA TO EXTEND AND AMEND MEMBERSHIP IN THE WATER CONSERVATION ALLIANCE OF SOUTHERN ARIZONA (WATER CASA). WHEREAS, the Water CASA and the Town shareshareshare a common goal in the area of efficient use of the region's limited water resources, implementing effective conservation measures and rate designs, protecting community aesthetics and quality of life by promoting attractive, low- water-use landscaping, and improving water resource management in general; and WHEREAS, the Water CASA is designed to improve the effectiveness of municipal water conservation effo~ls though close collaboration between the University of Arizona and the Town of Marana; and WHEREAS, the Water CASA is designed to allow municipalities in Southern Arizona to share experience, skills and information and to benefit from economies of scale in water conservation efforts; and WHEREAS, funding for the Water CASA comes from annual contributions from member organization 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 by the Town; and WHEREAS, the membership fee for the Town of Marana, for fiscal year 2003-2004, will be $5,201.00; 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 of the Town of Marana. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, accepting and authorizing the approval of th.e Intergo'~ernmental Member Agreement, attached hereto as Exhibit A, and incorporated herein by this reference, between the Town of Marana and'UniverSity of Arizona for contihued membership in the Water Conservation Alliance of Southern Arizona (Wat~ CASA).- ...... BE IT FURTHER RESOLVED that Brad De Spain is hereby authorized to execute this Intergovernmental Member Agreement on behalf of the Town, and take all steps necessary and proper to carry out its intents and purposes. Marana, Arizoma Resolution No. 2003-82 Page I of 2 BE IT FURTHER RESOLVED that the Town of Marana, Arizona, is authorized to contribute $5,201.00 for fiscal year 2003-2004 membership in the Water CASA. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 19th day of August, 2003. ATTEST: Ma~rBOBBYSUTTON, JR. APPROVED AS TO FORM: Marana, Ar~ona Resolution No. 2003-82 Page 2 of 2 INTERGOVERNMENTAL MEMBER AGREEMENT Between the TOWN OF MARANA, ARIZONA and ro....) C';:'J c::-~ ?J ....... L/) , rn '" c -0 -"'-j () ;--- ~ N c:' rn .c <: ~- }> c rn '- - r- - CJ ' , LJJ {n ()1 ARIZONA BOARD OF REGENTS for the UNIVERSITY OF ARIZONA S~~ ByriJ...o. _ . .. ~ wo.12cL Tucson, Arizona to extend and amend membership in the WATER CONSERVATION ALLIANCE OF SOUTHERN ARIZONA This Agreement is made pursuant to Arizona Revised Statutes S 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 Maran a, 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 S 15-1625. Member is authorized to enter into this Agreement pursuant to Arizona Revised Statute SS 9-240 and 11-951. 1. INTRODUCTION The Town of Maran a, Arizona, for its Municipal Water Department, (the Member) and the Water Resources Research Center (WRRC) of 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. 1 While the Member and the WRRC have cooperated in the past in such matters, each believes that the establishment of a more formal relationship will enhance its abilities to continue and expand 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 the Water Conservation Alliance of Southern Arizona (Alliance), to provide a basis for collaborative efforts. 2. PURPOSE The primary purpose of the Alliance shall be to provide water conservation and planning services to participating municipal water providers and other parties of interest in southern Arizona. The Alliance is designed to: 1. improve the effectiveness of municipal water conservation efforts through close collaboration between UA and the Member; 11. join with others to share experience, skills and information and benefit from economies of scale in conservation efforts; and 111. serve as a focal point for cooperation in developing and managing conservation- oriented research grants and pilot projects. 3. SCOPE OF ALLIANCE The Alliance represents a cooperative link between professional staff of the member organizations and the WRRC. The Alliance will concern itself with improving water resource management practices of its members. As initial focus areas, the Alliance win concentrate on: 1. exterior residential water conservation measures; 11. impacts of development and trends in new construction on water demand and conservation potential; 111. effects of conservation measures on wastewater systems and public health issues; and IV. other areas as determined by the Board. lnitially, this link will be between the UA Water Resources Research Center and the Member. The parties intend through this agreement to use the Alliance as a vehicle available to any large municipal water provider or other interested organization pursuing program evaluation or applied research within the scope of this center's mission. 2 Scope of Work may be revised. Brad DeSpain, Department Manager, 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 THE ALLIANCE The Alliance will consist ofthe Board, the Manager, and faculty, staff, students, administrative and clerical support personnel drawn from the Water Resources Research Center. Alliance Board A. The Board of the Alliance (the Board) will have the following responsibilities: (1) to maintain cooperation between the sponsoring member institutions; (2) to create and maintain the highest standards for the work of the Alliance; (3) to review and approve the policies and priorities of the Alliance; (4) to evaluate the programs and activities of the Alliance; (5) to review and approve the Alliance budget and fiscal management; (6) to adopt appropriate by-laws, and modifications, for the operation of the Alliance; (7) to evaluate the Manager of the Alliance; (8) to make recommendations for filling a vacancy in the position of Alliance Manager, and for hiring or filling a vacancy in the professional staff responsible for carrying out Alliance 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 ofthe Alliance; (2) one representative of any other organization interested in the work of the Alliance and materially supporting and participating in Alliance activities, admitted as a Member at the discretion of the Board; and (3) the Manager ofthe Alliance, who will serve as a non-voting member. 3 C. The Chairperson of the Board shall be elected by the members ofthe 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 ofthe 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 Manager of the Alliance A. The Manager will be a UA staff member assigned to the Water Resources Research Center to be appointed in accordance with procedures to be established by the WRRC and the Alliance, and approved by the Board. The Manager shall be evaluated annually by the Board. The Manager will serve for a two-year term, and may be appointed to consecutive terms. B. The responsibilities of the Manager are to: (1) provide program leadership and contribute actively in the programmatic activities of the Alliance; (2) review all work products produced by Alliance personnel; (3) prepare an annual report of activity, program results, fiscal review, following year proposed joint activities and following year proposed Alliance budget for presentation to the Advisory Board; (4) manage and administer the Alliance in a manner consistent with applicable UA, municipal, county, state and federal laws, regulations, policies and guidelines; and (5) maintain accountability for all funds supplied to the Alliance. Personnel Composition Personnel of the Alliance will fall into one of five categories: A. Professional staff ofthe WRRC assigned to the Alliance by appropriate authority of UA. Such assignment may be on a part-time basis; B. Faculty of the University assigned to the WRRC by appropriate authority ofUA; 4 C. Other UA professional staffin Cooperative Extension; D. Administrative/support staff of the Alliance drawn from the WRRC; and E. Contractors or consultants hired by the Alliance. The latter will not be employees of the Alliance or the UA. 5. SUPPORT Baseline funding for the Alliance 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 service area population, plus an amount based on the municipal provider's annual water deliveries. The initial annual contribution formula for municipal water providers is $4,000 + 16~ per service area resident + $1.00 per acre-foot of annual water deliveries. The formula will be adjusted annually by the Board so as to provide an adequate baseline budget for the Alliance. Contributions shall be paid to the University of Arizona as a single lump sum within 60 days ofthe date upon which this Agreement is signed and annually thereafter. Contributions by members other than municipal water providers, if any, shall be determined on a case-by-case basis by the Board in a manner that reflects the interests of the member in the Alliance's activities and programs. The annual membership contribution for Town of Marana, for Fiscal Year 2004 will be $5.201. 6. POLICIES General policies of the Alliance are: A. All members of the Alliance shall have free access to all Alliance work products, compilations of data and information, and other materials. B. No classified or confidential work will be performed by the Alliance. Efforts will be made to disseminate the results of evaluations, pilot projects, and applied research with other entities that may benefit from the information. C. Work performed on behalf ofthe Alliance 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 N on-Discrimination. 5 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 the Alliance or WRRC to provide additional water resource-related services of benefit to the individual Party. Such work will not be subsidized by the operating budget of the Alliance. This Agreement shall not be construed as limiting the ability of any member organization to contract with or enter into any sort of agreement with other organizations to provide water conservation and planning services. 8. PERIOD OF AGREEMENT The period of this Agreement shall be for 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 notice. 9. OTHER AGREEMENTS In the event any grant or cooperative agreement is issued in association with this Agreement, the terms of such grant or cooperative agreement shall control and any inconsistency between any such provision and any provision of this Agreement shall be resolved in accordance with said 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 ofthe 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 6 of this 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 cancelled or its scope materially reduced to a level that the Alliance 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$30,000 or less in money damages only shall be resolved by arbitration pursuant to the Arizona Uniform Rules of Procedure for Arbitration. The decision of the arbitrator(s) shall be final. 14. CONFLICT OF INTEREST This Agreement is subject to the provisions of A.R.S. S 38511, which authorizes the State of Arizona and its political subdivisions, including Member, to cancel contracts in certain instances involving conflicts of interest. 15. NON-DISCRIMINATION The parties agree to be bound by applicable state and federal rules governing Equal Employment Opportunity and Non-Discrimination. IN WITNESS WHEREOF, the Parties do hereby execute this Agreement effective as ofthe date later in time indicated below. Arizona Board of Regents UNNERSITY OF ARIZONA TOWN OF MARANA APPROVED AS TO CONTENT: ~? ~.jld:rrv-- (pri'\t or type name) Lee Anne T. Peters Contract Officer Date qlls/re , (print or type name) Brad DeSpain, Manager Municipal Water Department Date 2//tf/(j.$ t . INTERGOVERNMENTAL AGREEMENT DETERMINATION 7 The attached intergovernmental agreement, which is an agreement between public agencies, has been reviewed pursuant to A.R.S. ~ 11-952 by the undersigned Assistant Attorney General who has determined that it is in proper form and is within the powers and authority granted under the laws ofthe State of Arizona to those parties to the Agreement represented by the Attorney General. DATED this _ day of ,2003. Janet Napolitano 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. ~ 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 1'1 day of ~, 2003. 8 INTERGOVERNMENT AL AGREEMENT DETERMINATION AGENCY NAME: The Town of Marana A WARD EFFECTIVE DATE: Upon filing with Secretary of State TERMINATION DATE: June 30, 2004 AMOUNT: $5,201 PURPOSE: Water Conservation Alliance Membership renewal UNIVERSITY COLLEGE/DEPARTMENT: College of Agriculture Water Resources Research Center 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 15th Day of September, 2003. By:;:/~ ~ ~. University Attorney