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HomeMy WebLinkAboutResolution 2023-103 Approving and Authorizing the Mayor to Sign an Amendment to the IGA for Provision of Water Consumption Data and Sewer User Account Billing Services MARANA RESOLUTION NO. 2023-103 RELATING TO UTILITIES;APPROVING AND AUTHORIZING THE MAYOR TO SIGN AN AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT, EFFECTIVE DECEMBER 1, 2023, 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 sys- tem 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 on November 17, 2020, the Town Council approved Resolution No. 2020-121 authorizing the Town to enter into an intergovernmental agreement with Pima County, effective December 1, 2020 (the "IGA"), for the provision of water consumption data and sewer user account billing services; and WHEREAS the IGA is effective for a two-year period with up to four optional,one- year extensions; and WHEREAS the Town and the County exercised the first one-year extension on November 30, 2023, and amended the IGA to increase the monthly billing rate for the provision of water consumption data and sewer user account billing services; and WHEREAS the Town and the County are now desirous to exercise the second ex- tension and amend the agreement to further increase the monthly billing rate for the pro- vision of water consumption data and sewer user account billing services; and WHEREAS the Mayor and Town Council find that entering into such an amend- ment is in the best interests of the Town and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The amendment to the intergovernmental agreement between the Town of Marana and Pima County for provision of water consumption data and sewer user account billing services substantially in the same form attached to and incorporated 00084700.DOCX/2 Resolution No.2023-103 -1 - by this reference in this resolution as Exhibit A is hereby approved and the Mayor is hereby authorized and directed to sign it for and on behalf of the Town of Marana. SECTION 2. 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, obliga- tions, and objectives of the intergovernmental agreement, as amended. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 17th day of October, 2023. 1//' L -, Mayor Ed Honea ATTEST: APPROVED AS TO FORM: ,y� David L. Udall, Town Clerk Jane '. ra1l, Town Attorney 1 4, MARANA AZ ESTABLISHED 1977 00084700.DOCX/2 Resolution No.2023-103 -2- Exhibit A to Marana Resolution No.2023-103 Pima County Department of Regional Wastewater Reclamation Project: Sewer Billing and Collection Services Contractor: Town of Marana Contract No.: CT-WW-21-224 Contract Amendment No.: Two (2) Orig. Contract Term: 12/01/2020 - 11/30/2022 Orig. Amount: $130,000.00 Termination Date Prior Amendment: 11/30/2023 Prior Amendments Amount: $ 85,000.00 Termination Date This Amendment: 11/30/2024 This Amendment Amount: $100,000.00 Revised Total Amount: $315,000.00 INTERGOVERNMENTAL AGREEMENT AMENDMENT WHEREAS, COUNTY and TOWN entered into an Intergovernmental Agreement (IGA) for services as referenced above; and WHEREAS, TOWN and COUNTY pursuant to Article 4—Term, have agreed to extend the IGA term for the second of four one-year renewal periods, and WHEREAS, TOWN and COUNTY have agreed to increase the total contract amount to allow payment for the continued provision of sewer billing and collection services during the extended term of the contract. NOW, THEREFORE, it is agreed as follows: 1. Maximum Payment Amount.Article 3 of the IGA is amended as follows: a. For the services described in Exhibit A - Scope of Services, the County agrees to pay Town a monthly administrative and billing fee(collectively,the"Unit Price")of $2.08 per account per month, for the purpose of reimbursing the Town for the cost of billing and collection services each year. The billing fee is also intended to compensate Town for its implementation of cost and price control activities. Town will invoice County on a monthly basis for the billing and collection services rendered. Each invoice will include detailed documentation supporting the requested payment. Payment requests will assign all costs to items identified and authorized by this IGA. County will pay Town within 30 days for the services invoiced pursuant to this IGA. County may challenge any invoice or may request additional supporting data, but such challenge or data request will not delay County's payment. b. Total payment for this contract shall not exceed$100,000.00(the"Maximum Yearly Limit")annually. In the event population growth projections indicate that the Maximum Yearly Limit will be exceeded, County and Town will meet to discuss increasing funding to cover the costs for services. The terms of this IGA, however, may only be amended pursuant to Article 20 below. Contract No.: CT-WW-21-224-02 1 Revised 8/19/22 Exhibit A to Marana Resolution No.2023-103 2. Term. Pursuant to Article 4 of the IGA, the County is exercising the second extension option to renew the IGA for one additional year commencing on December 1, 2023 and terminating on November 30, 2024. If the commencement date is before the Effective Date of this amendment, the parties will, for all purposes, deem the amendment to have been in effect as of the commencement date. REMAINDER OF THIS PAGE INTENTIONALLY BLANK Contract No.: CT-WW-21-224-02 2 Revised 8/19/22 Exhibit A to Marana Resolution No.2023-103 All other provisions of the Contract not specifically changed by this Amendment remain in effect and are binding upon the parties. PIMA COUNTY: TOWN OF MARANA: Chair, Board of Supervisors Mayor, Town of Marana ATTEST ATTEST Clerk of the Board Town Clerk Date Date Approval as to Content for Pima County: Director, RWRD Date Director, Finance Date Intergovernmental Agreement Determination The foregoing Intergovernmental Agreement Amendment between Pima County and the Town of Marana has been reviewed by the undersigned, each of whom 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 the party he or she represents. PIMA COUNTY: TOWN OF MARANA: Deputy County Attorney Town Attorney Contract No.: CT-WW-21-224-02 3 Revised 8/19/22