HomeMy WebLinkAbout2013-367 IGA - RVCOG
INTERGOVERNMENTAL AGREEMENT
THIS AGREEMENT is made and entered into by and between the Rogue Valley
Council of Governments, a voluntary intergovernmental association, hereinafter
referred to as "RVCOG", and the City of Ashland, an Oregon municipal corporation,
hereinafter referred to as "CITY", both of which are hereinafter referred to collectively
as the Parties;
WITNESSETH
WHEREAS, RVCOG is a voluntary association of local governments serving
Jackson and Josephine Counties, Oregon; and
WHEREAS, CITY is a member agency of RVCOG; and
WHEREAS, RVCOG has been asked by CITY to assist with the implementation
of public education/outreach and public involvement/participation activities for their
Stormwater Phase II Management Program; and
WHEREAS, the purpose of this agreement is to make provisions for RVCOG to
perform these services for the CITY and to provide for cost reimbursement.
NOW THEREFORE, in consideration of the mutual terms, conditions, stipulations
and covenants herein contained, the PARTIES do hereby agree to the following:
A. EMPLOYMENT OF RVCOG
CITY hereby agrees to engage RVCOG and RVCOG hereby agrees to
perform the services hereinafter set forth.
B. SCOPE OF SERVICES
RVCOG shall do, perform, and carry out in a legal and proper manner, as
reasonably determined by CITY, the services requested by CITY and listed in
Attachment A, which is attached hereto, and by this reference incorporated herein.
The schedule in Appendix A may be revised from time to time by the parties
without the necessity of an amendment by replacing the then current Appendix A
with an updated Appendix A which is dated and signed by both parties.
C. TIME OF PERFORMANCE
This agreement shall take effect on July 1, 2013 and terminate on June 30, 2014
unless otherwise terminated or extended pursuant to Section D of this agreement.
D. AMENDMENTS AND TERMINATION
1. This document constitutes the entire agreement between the PARTIES and no
other agreement exists between them, either stated or implied. Any
amendments or changes to the provisions of this agreement shall be reduced to
writing and signed by both PARTIES.
2. Either party may cancel this agreement at any time with or without cause
by giving thirty (30) days notice in writing and delivered in person or by
certified mail to the other party.
3. If any contemplated funding from federal, state, or other sources is not
obtained or continued at levels sufficient to allow for full performance herein,
this Agreement may be modified or terminated to accommodate such reduction
in funds.
4. Renewal: The parties may renew this agreement this Agreement annually for
up to five (5) additional years without further approval by the Ashland City
Council provided (1) the Agreement has not been terminated as provided
herein and neither party is in breach of the Agreement; (2) each yearly renewal
is documented in a writing signed by the Ashland City Administrator and an
authorized representative of RVCOG; and (3) the services to be provided by
RVCOG and the funding to be provided by Ashland remain substantially the
same.
Such termination shall be without prejudice to any claims, obligations, or
liabilities either party may have incurred prior to such termination.
E. PAYMENTS
1. RVCOG will invoice CITY on a quarterly basis. CITY shall reimburse
RVCOG within 30 days of receipt of invoice.
2. CITY will reimburse RVCOG for expenditures incurred on a monthly basis
as requested after receipt of dated and signed requests for payment and upon
receipt of required forms documenting work accomplished.
3. Maximum payment to RVCOG under this agreement shall be $5,000.
F. RESPONSIBILITIES
CITY shall administratively assist RVCOG in accomplishing the tasks identified
under Scope of Services by making the payments identified in Section E. above;
maintaining regular communication with RVCOG; helping to resolve differences
that may arise between the PARTIES; and providing background information and
technical support as necessary to accomplish any task assigned.
G. INDEMNIFICATION
1. Subject to the limitations and conditions of the,Oregon Tort Claims Act, ORS
30.260-30.300, the Oregon Constitution, Article XI, Section 7 and the terms of
any applicable policies of insurance, the parties agree to save, hold harmless and
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indemnify each other, including their officers, agents and employees, from any
loss, damage, injury, claim, or demand by a third party against either party to
this agreement arising from the activities of the other party in connection with
this Agreement. Neither party shall be liable for any loss, damage, injury,
claim, or demand against each other arising from their respective activities in
connection with this agreement, except as otherwise expressly set forth herein.
2. RVCOG shall comply with all applicable laws, ordinances and codes of the
federal, state and local governments in its performance under this Agreement.
3. RVCOG, its subcontractors, if any, and all employees providing work, labor or
materials under this agreement are subject employees under the Oregon
Workers' Compensation law and shall comply with ORS 656.017 which
requires them to provide Workers' Compensation coverage for all their
employees. If RVCOG performs the work without assistance of any employees,
it need not obtain such coverage.
H. INDEPENDENT CONTRACTOR
RVCOG is an independent contractor under this Agreement, and neither
RVCOG, its subcontractors, nor its employees are employees of CITY. RVCOG
is responsible for all federal, state and local taxes and fees applicable to
payments for services of its employees under this agreement.
1. ASSIGNMENT AND SUBCONTRACTS
RVCOG shall not assign this contract or subcontract any portion of the work
without the prior written consent of CITY, whose consent shall not be
unreasonably withheld. Any attempted assignment or subcontract without CITY's
written consent shall be void. RVCOG shall be fully responsible for the acts or
omissions or any of the assigns or subcontractors and of all persons employed by
them. The approval by CITY of any assignment or subcontract shall not create
any contractual relation between the assignee or subcontractor and CITY.
J. LIMITATIONS
This agreement in no way restricts RVCOG or CITY from participating in similar
agreements with other public or private agencies, organizations, or individuals
with regard to any aspect of this agreement, so long as the same do not
unreasonably interfere with each parties' performance herein.
K. CONFIDENTIALITY - NON-DISCLOSURE
Subject to the Oregon Public Records Law, ORS 192.410-192.505, no report,
information, or other data given to or prepared or assembled by the RVCOG
pursuant to this Agreement which the CITY has requested be kept confidential,
shall be made available to any individual or organization by RVCOG without the
prior written approval of CITY.
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L. REPORTS AND RECORDS
All work produced by RVCOG while working for the CITY shall be the exclusive
property of the CITY provided that RVCOG may obtain a copy of any public
record information by paying for the reproduction costs thereof.
IN WITNESS WHEREOF, RVCOG AND CITY have. caused this agreement to be
executed by their authorized representatives as of the date of the last signature affixed
below:
PARTIES TO THE AGREEMENT
CITY OF ASHLA D
O' _ C i r t a~ rJ s s2/~ ~oQ i v zg 13
Authorized Signat re Title Date
RVC`OGA 1 n
Authorized Signature Title Date
API ED FORM
fi It 4
Ashland City A ey
Date
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Scope of Work for Assistance to the City of Ashland
Phase 11 Stormwater - Public Education and Outreach,
Public Involvement and Participation
Rogue Valley Council of Governments
July 1, 2013 - June 30, 2014
RVCOG will work with the City of Ashland to implement the public-education/outreach
and public involvement and participation activities necessary to meet the permit
obligations of the NPDES Stormwater Phase 11 Stormwater Management Plan for the
City of Ashland. This program is being coordinated with similar programs for the other
Bear Creek Valley Phase Il permittees - City of Medford and Rogue Valley Sewer
Services (RVS), which represents the RVS communities (Talent, Phoenix, and Jackson
County).
Estimated personnel costs for budgeting purposes are calculated at an average of $70 per
hour. Other actual costs, including supplies, mileage and sub-contract work will be
billed as incurred.
Task Hours Cost
Public Education and Outreach Program
Task 1: Schools, Educators and Outreach Strategy Implementation $1,680.00
• RVCOG will build and maintain relationships between the Phase 2 municipal
stormwater programs and schools/Educational facilities within Ashland and
implement opportunities to integrate stormwater education into existing water
quality related education projects and programs. (4 hours = $280.00)
• RVCOG will coordinate with the existing water quality and environmental
education groups in the area including the Bear Creek Watershed Education
Partners, other schoolteachers and science/natural history curriculum directors,
Bear Creek Watershed Council (BCWC), North Mountain Park, OSU Extension,
Scienceworks, and other educational groups. Educational resources, activities
and curricula will be adapted and developed as needed from information sources
such as Science Works, The Freshwater Trust, Water Sourcebook, Regional
Environmental Education Leaders Forum, and others. (8 hours = $560.00)
• Salmon Watch - Will assist in the continuation of the program by providing
coordination assistance, partner support, match funding (in-kind), promotion, and
participation as funding allows. If program is not funded by a grant, RVCOG
will work with the O.S.U. Streamwise Program or another program to integrate
stormwater education to reach students. (12 hours = $840.00)
Task 2: Stormwater Brochures, Webinars, Website, and Displays $1,680.00
• Update current brochures, or create additional brochures, as necessary and
requested, provide brochures and flyers to the cities, county and other groups and
locations, e.g., libraries and businesses, as needed or requested, and keep records
of brochures provided to cities, county and others. Updates/new materials will
include materials applicable to local fire districts. (8 hours = $560.00)
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• Arrange and conduct webinars on stormwater-related topics, and invite interested
parties including contractors, engineers, environmental organizations, watershed
groups, planners, agency personnel and local government staff. (4 hours = $280)
• Update the stormwater poster boards and other educational and interactive
materials, and setup and staff the displays at public events. (8 hours= $560.00)
• Revise and enhance current stormwater webpages on RVCOG website, assist
municipal permittees with their stormwater webpages as needed, and ensure that
the RVCOG website links to the municipal websites. (4 hours = $280.00)
Task 3: Presentations $280.00
• RVCOG will provide presentations to interested parties, e.g., civic organizations,
on stormwater and related water quality issues. RVCOG will also maintain
contacts with organizations and coordinators of forums for presentations, and
coordinate presentations by others, including agency personnel and stormwater
experts. Records of presentations will be kept, along with the number of
attendees (4 hours = $280.00).
Public Involvement and Participation Program
Task 1: Public Involvement Event $420.00
• RVCOG will work with Ashland to hold at a Public Involvement Event.
Potential events may include stormwater facility tours, an open house, or a public
meeting. (6 hours = $420.00)
Task 2: Distribute News Releases $210.00
• At least one news release and story on the stormwater program will be developed
and distributed to local media during the permit year. (3 hours = $210.00)
Task 3: Stormwater Advisory Team (SWAT) $280.00
• Continue active participation in the SWAT. Continue to review documents,
presentations and programs developed by the SWAT.
• Review external regulatory documents and other sources of current stormwater
information, and provide the information to by RVS and the RVS communities to
inform them of significant stormwater advances.
Low Impact Development Training
Task 1: Organize workshop(s) or training(s) for Low Impact Development $280.00
• RVCOG will work with RVS and professional to teach a course or courses in
Low Impact Development. (4 hours = 280.00)
Miscellaneous - Printing, Mileage, Supplies, Contracted instructor(s) etc. $170.00
TOTAL COST $5,000.00
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