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HomeMy WebLinkAbout2014-118 IGA - Medford RWRF INTERGOVERNMANTAL AGREEMENT (IGA) FOR ACCEPTANCE AND DISPOSAL OF PARTIALLY TREATED BIOSOLIDS This Intergovernmental Agreement ("Agreement") is made between the City of Medford, Oregon ("Medford") and the City of Ashland, Oregon ("Ashland") for the purpose of setting forth terms and conditions for Medford's Regional Water Reclamation Facility ("RWRF") to accept partially treated biosolids from Ashland's Wastewater Treatment Plant for drying and landfill disposal. STATUTORY AUTHORITY In accordance with and pursuant to the provisions of ORS 190.110, 190.420 and 279.185 and Medford Code 2.619, Medford is authorized to enter into intergovernmental agreements with state agencies, local governments, and special government bodies for the acquisition, distribution, utilization, disposal, or sale of surplus property in accordance with state and federal laws. The cities of Medford and Ashland wish to enter into this Agreement allowing Ashland to place partially treated biosolids (up to 30,000 gallons per day) from Ashland's wastewater treatment plant, in the RWRF's sludge lagoons for final treatment, application to RWRF's drying beds and ultimate landfill disposal along with the RWRF's annual biosolids production. By acceptance of this Agreement, Ashland certifies that it meets the above criteria for eligibility for such cooperation with Medford. RECITALS WHEREAS, the RWRF is capable of supplying Ashland sufficient storage/treatment space in their solids handling system for placement of up to 30,000 gallons per day of partially treated biosolids; and WHEREAS, Ashland desires to place up to 30,000 gallons per day of partially treated biosolids in the RWRF's solids handling system; and WHEREAS, Medford and Ashland will mutually benefit from the IGA; and WHEREAS, placement of the noted biosolids is clearly in the public and environmental interest; NOW, THEREFORE, in consideration for the mutual covenants contained herein the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: DUTIES AND RESPONSIBILITIES 1. Medford will provide Ashland or their designated trucking contractor access to specified RWRF lagoon areas for placing partially treated biosolids from Ashland. 2. Medford will refuse to accept any loads from Ashland which offer indications they may contain substances which could adversely affect the treatment process. 3. Ashland will provide Medford with accurate volume and representative total suspended solids results on a weekly basis for the transferred partially treated biosolids. 4. Ashland will provide all necessary staff and equipment to complete the transfer and placement of partially treated biosolids from Ashland to Medford's designated lagoons. 5. Ashland will provide Medford with any necessary insurance documentation related to placement Ashland's partially treated bioisolids. 6. Ashland's staff will inform RWRF staff of any issues or problems occurring on Medford's property in relationship to Ashland's activities. 7. Ashland will fully repair any damage incurred to Medford's property as a result of their placement of partially treated biosolids. 8. The RWRF will account for Ashland's treated biiosolids separately from those generated by the RWRF. 9. For and in consideration of Medford allowing Ashland to place 30,000 gallons per day of partially treated biosolids in their solids handling system, and for including said biosolids in the annual solids disposal program, Ashland will compensate Medford at a rate of $19.10 per dry ton of biosolids land-filled and a set handling, charge of $1,925 on an annual: basis (prorated on a monthly basis of $160.42) for the time and equipment utilized by RWRF staff in preparing Ashland's biosolids for disposal. The revenue amount of this IGA will not exceed $100,000. 10. Subject to the limitations of Article XI, section 7 of the Oregon Constitution and the restrictions of the Oregon Tort Claims Act (ORS 30.260 to 30.300). Ashland shall defend, save, hold harmless. and indemnify Medford, within the limits of liability set forth in ORS 30.271 and 30.273, against third party claims for personal injury or damage to life or property arising out of or resulting from Ashland's acts or omissions under this agreement, provided, however, Ashland shall not be required to indemnify Medford for liability arising out of or resulting from the acts or omissions of Medford or Medford's officers, employees, or agents. 11. The term of this agreement between Medford and Ashland will be for one year after the date of approving the IGA, without any extensions. since the duration of the agreement will only be for the period of time Ashland is correcting dewatering equipment concerns. 12. Either party may terminate this agreement by providing 30 days' notice of intent to terminate. IN WITNESS WHEREOF the parties hereby entered into this Agreement. Each party by signature below of its authorized representative hereby acknowledges that it has read the Agreement, understands it and agrees to be bound by its terms and conditions. Each person signing the Agreement represents and warrants having authority to execute this Agreement. f QF MEDFORD CITY OF ASHLAND VV~Y ate ( to AP,f-ROVED 0 ~ FORM r Mira deity Attomey DatR (g " l - 14