Title
Central Arizona Water Clearinghouse (Mammoth Water) - Amendment (Ordinance S-48424)
Description
Request to authorize the City Manager, or his designee, to execute an amendment to consent to assignment of Central Arizona Water Clearinghouse Project Management Services Contract 153788 with Mammoth Water, LLC to ERA Economics. Further request a waiver of Phoenix City Code section 42-18 to allow a limitation of liability provision.
Report
Summary
The purpose of this amendment is to consent to assignment of the agreement with Mammoth Water, LLC to ERA Economics. ERA Economics has acquired Mammoth Water, LLC; this amendment would allow for the project and project duties to move forward unhindered. The Water Services Department also requests a waiver from Phoenix City Code section 42-18(B) for the contract with ERA Economics, LLC. ERA Economics, LLC seeks a limitation of liability and if approved, would preclude their liability for any consequential, indirect, or incidental damages arising out of the agreement.
The contract provides quantitative analysis and professional technical services required to develop the Central Arizona Water Clearinghouse platform prototype. The Clearinghouse is a collaborative project developed by the City of Phoenix and an external team of water professionals, academia, and non-profit organizations. The purpose of the Clearinghouse is to create water management tools to facilitate market-based transactions that will advance water resource sustainability for the City and other water users in Central Arizona.
Contract Term
The contract term is unchanged by the amendment and will run through Dec. 31, 2023, with an existing option for the City to extend the term for an additional three years.
Financial Impact
There is no requested change to the existing spending authorization for this contract as part of this amendment.
Concurrence/Previous Council Action
The City Council approved:
- Acceptance and disbursement of U.S. Bureau of Reclamation ‘WaterSMART Water Marketing Strategy’ Grant (Ordinance S-45870) on June 26, 2019; and
- Central Arizona Water Clearinghouse Contract 153788 (Ordinance S-47164) on Dec. 16, 2020.
Department
Responsible Department
This item is submitted by Deputy City Manager Karen Peters and the Water Services Department.