HomeMy WebLinkAbout2015-214 IGA - RVCOG - Bear Creek Watershed
INTERAGENCY COOPERATIVE FUNDING AGREEMENT
FOR A BEAR CREEK WATERSHED
NON-POINT SOURCE POLLUTION (TMDL) MONITORING
AND IMPLEMENTATION PROJECT
July 1, 2015
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
following state and local agencies:
City of Ashland, City of Central Point, City of Jacksonville, City of Medford, City of Phoenix, City of Talent,
Jackson County, Oregon State Department of Agriculture, and the Oregon State Department of Forestry hereinafter
referred to collectively as the Designated Management Agencies (DMAs). All participants included in this
agreement are hereinafter referred to collectively as the PARTIES, WITNESSETH THAT:
WHEREAS, the DMAs have been placed under an Implementation and Compliance Schedule by the Oregon State
Department of Environmental Quality which directs that they correct non-point source pollution problems in the
Bear Creek Watershed in order to meet the requirements of the U.S. Clean Water Act; and
WHEREAS, the Department of Environmental Quality's directive includes requirements that the DMAs work
collectively by using a watershed approach to resolve the non-point source pollution problems within the Bear Creek
Watershed; and
WHEREAS, the DMAs have agreed to collectively employ the RVCOG to administer and manage the
implementation of a TMDL Program including water quality testing which targets the identification of and reduction
in non-point pollution within the Bear Creek watershed.
NOW THEREFORE, for and in consideration of the terms, conditions, stipulations and covenants herein
contained, the PARTIES do mutually agree as follows:
A. TIME OF PERFORMANCE
This agreement shall take effect on July 1, 2015 and terminates on June 30, 2016. At that time, pending
available funding and a finding of continuing need, this agreement may be amended, terminated or
extended per Section "E" below.
B. DMAs RESPONSIBILITIES
1. Each DMA will make payment to the RVCOG not to exceed the amount allocated in the Total Cost
column (Table 1 below).
2. Each DMA will make payment in full for 100% of the amount shown in the Total Cost column
as designated for their jurisdiction (Table I below). Total payment should be received by
RVCOG prior to September 30th 2015 unless other arrangements are made prior to that
date.
3. Each DMA will support the RVCOG in its administration and management of the Bear Creek
Non-point Pollution (TMDL) Sampling Project by providing advisory and technical information
concerning their jurisdictional area and in developing/establishing watershed based policy
decisions.
4. Each DMA will send an authorized representative to the RVCOG regularly scheduled
meetings to discuss the progress and the needs of the TMDL program. In addition, each DMA
will send a representative to any additional meetings deemed necessary by the TMDL Committee.
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5. The participation of the DMAs in this program does not negate their individual responsibilities under
the TMDL program. Rather this program is designed to assist the DMAs to meet their individual
responsibilities.
Table 1
Year 2015-2016 Budget
for the TMDL Monitoring and Implementation Program
DMA 2015/16 Storm 2015/16 Other 2015/16 2015/16 Total Cost
Drain2 Monitoring/ Implementation
Implementation/ (Regional
Personnel/ Materials Management)
Ashland $1,463.63 $4,341.45 $6,020.45 $11,825.53
Central Point $976.44 $3,605.00 $0.00 $4,581.44
Jacksonville $976.44 $2,936.53 $4,066.80 $7,979.77
Medford $1,951.85 $8,067.99 $10,366.34 $20,386.18
Phoenix $976.44 $3,035.41 $4,146.54 $8,158.39
Talent $976.44 $2,873.70 $3,987.06 $7,837.20
Jackson $0.00 $6,318.02 $0.00 $6,318.02
County
Dept. of $0.00 $1,000.00 $0.00 $1,000.00
Agriculture
Dept. of $0.00 $0.00 $0.00 $0.00
Forestry
Totals $7,321.24 $32,178.10 $28,587.19 $68,086.53
Central Point's Public Works Department is implementing Central Point's plan. Additional assistance will be on
an as-needed basis. Central Point will participate in, support, and promote ongoing regional efforts.
Cost based on $488.22 per storm drain tested.
C. RVCOG RESPONSIBILITIES
1. RVCOG will receive, administer, and expend funds to hire and supervise the number of individual(s)
necessary to complete the project as described in Attachment A to this document.
2. RVCOG will be responsible for daily administration and oversight of the project.
3. RVCOG will complete the work program as described in Attachment A to the satisfaction of
the DMAs.
4. RVCOG will provide periodic written reports.
5. RVCOG will be granted ownership of all equipment purchased under this agreement but will make the
equipment available to the DMAs on an as-available, on-going basis upon request of individual DMAs.
6. RVCOG will notify the DMAs of any problems occurring with the project which require departure
from the work program described in Attachment A; this notification will allow the PARTIES to cooperate
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in addressing how any necessary changes will be made.
7. RVCOG will develop a quality assurance program with DEQ.
D. PROJECT COORDINATORS
1. Administration of this agreement for the DMAs shall be accomplished by:
• Dr. Ray Jaindl, Oregon Department of Agriculture, 635 Capitol St., N.E., Salem, Oregon, 97301-
5232. Phone: 986-4713.
• Greg Alexander, Department of Forestry, 5286 Table Rock Road, Central Point, Oregon, 97502.
Phone: 541-664-3328.
• Pieter Smeenk, Senior Engineer, City of Ashland, 20 East Main St., Ashland, Oregon, 97520.
Phone: 541-552-2413.
• Kevin Caldwell, Public Works Superintendent, City of Phoenix, PO Box 330, Phoenix, Oregon,
97535. Phone: 541-535-2236 x 101.
• Zac Moody, Community Development Director, City of Talent, P.O. Box 445, Talent, Oregon,
97540. Phone: 541-535-7401 ext. 1010.
• Mike Ono, GIS/Engineering Tech II, CFM, Public Works Department, City of Central Point, 140
So. 3rd St., Central Point, Oregon, 97502. Phone: 541-664-3321, ext. 243.
• Jeff Alvis, Public Works Director, City of Jacksonville, 110 East Main Street, P.O. Box 7,
Jacksonville, Oregon, 97530. Phone: 541-899-1231.
• Roger Thom, Utilities Engineer, City of Medford, 200 South Ivy Street, Medford, Oregon, 97501.
Phone: 541-774-2100.
• Kelly Madding, Development Services Director, Jackson County, 10 South Oakdale, Room 100,
Medford, Oregon, 97501. Phone: 541-774-6519.
2. Administration of this agreement for RVCOG shall be accomplished by:
• Greg Stabach, Natural Resources Coordinator, Rogue Valley Council of Governments, PO Box
3275, Central Point, Oregon, 97502. Phone: 541-423-1370.
E. AMENDMENTS AND TERMINATION
1. AMENDMENTS - Amendments or changes to the provisions of this contract in whole, or in part, shall
be reduced to writing and signed by the appropriate PARTIES. Unless amended in this way, this
document constitutes the entire agreement between the PARTIES.
2. EFFECTIVE DATE and DURATION - The passage of the contract expiration date (as given in
Section A) shall not extinguish or prejudice the RVCOG's, or a DMA's, right to enforce this contract with
respect to any default or defect in performance that has not been cured.
3. TERMINATION - (a) Any DMA may terminate their contractual involvement with the RVCOG upon
30 days' notice in writing and delivered by certified mail, or in person. Any such termination of this
contract shall be without prejudice to any obligations or liabilities of either party already accrued prior to
such terminations. (b) Any DMA may terminate the whole, or any part, of this agreement with RVCOG
by written notice of default: (i) If RVCOG fails to provide services called for by this contract within the
time specified herein or any extension thereof, or (ii) If RVCOG fails to perform any of the other
provisions of this contract or so fails to pursue the work as to endanger performance of this contract in
accordance with its terms, and after receipt of written notice fails to correct such failures within 10 days, or
such longer period as may be authorized. The rights and remedies of any DMA provided in the above
clause related to defaults (including breach of contract) by RVCOG shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this contract.
4. ACCESS TO RECORDS - The DMAs and their duly authorized representatives shall have access to
the books, documents, papers, and records of RVCOG which are directly pertinent to the specific contract
for the purpose of making audits, examinations, excerpts and transcripts.
5. EQUIPMENT OWNERSHIP - Upon termination of this agreement all property or equipment
purchased under this agreement will become the sole possession of the RVCOG.
6. CONDITIONS OF FINANCIAL NON-PARTICIPATION - The costs shown in Table I are
allocated by DMA based upon the receipt of full funding provided by all DMAs listed. In the
event that a DMA decides not to participate and full funding for the program is not realized, the
agreement will need to be amended as per Section E(1) above. RVCOG reserves the right to
terminate this contract in whole or in part, upon 30 days' notice in writing and delivered by
certified mail, or in person.
F. PAYMENTS
1. The DMAs certify that the funds required by their commitment under this agreement are available until
June 30, 2016 at the time of the signing of this agreement.
2. The DMAs will make payment not to exceed the Total Cost column in Table 1 above as indicated for
each respective DMA and noted in Section B(1) above. The payment schedule will be made in accordance
with Section B(2) above.
3. Unless amended otherwise in writing, no other obligations for payments from the DMAs to RVCOG
are stated or implied under this agreement.
G. REPORTS and RECORDS
1. RVCOG will provide the DMAs with a copy of all documents, studies, reports, and materials developed
under this agreement.
H. INDEMNIFICATION
1. Subject to the limitations and conditions of the Oregon Tort Claims Act, ORS 30.260-300, the Oregon
Constitution, Article XI, Section 7 and the terms of any applicable policies of insurance, the PARTIES
agree to save, hold harmless and 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 federal, state, and local laws and ordinances applicable to the work under this
contract.
1. MERGER CLAUSE
This contract and attached exhibits constitute the entire agreement between the PARTIES. No waiver,
consent, modification or change of terms of this contract shall bind either party unless put in writing and
signed by both parties. Such waiver, consent, modification or change, if made, shall be effective only in
the specific instance and for the specific purpose given. There are no understandings, agreements, or
representations, oral or written, not specified herein regarding this contract.
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ATTACHMENT A - Work Detail
1. MONITORING - LOCATIONS
I . In this study RVCOG will conduct instream water quality monitoring at the following sites contingent
upon being able to access the sites:
* Bear Creek (I I sites) at: S. Valley View Road, Lynn Newbry Park, Fern Valley Road, Ninth Street, Pine
Street, Kirtland Road, along the Greenway (in Talent, Phoenix, and Central Point), in Medford near I-5,
and at Table Rock Road.
* Other Creeks: Neil Creek at Dead Indian Road, Ashland Creek below the Wastewater Treatment Plant,
Griffin Creek at 1-5, Jackson Creek at Blackwell Road, Walker Creek at Dead Indian Road, Emigrant
Creek at Mouth, Neil Creek at Mouth, Ashland Creek at Granite Street, Griffin Creek at Beall Lane,
Jackson Creek at Highway 238, and Jackson Creek at Jacksonville.
* The Irrigation Diversions for the Talent and Medford Irrigation Districts.
2. The total number of projected samples collected the TMDL Effectiveness monitoring run is detailed
below. The number of samples will vary per season for some parameters (e.g., Phosphorus-see sampling
frequency below) and flow levels in the streams and canals. The number of samples will be reviewed as
needed with changes made only through agreement of all the PARTIES.
• Phosphorus - 22
• Ammonia - 2
• E. coli - 24
• Turbidity, pH, and conductivity - 24
• Macro invertebrates - 10
• Temperature - 24 spot samples, number of continuous stations will vary based
on equipment purchased/available.
3. Additional "hot spot" monitoring will be completed on those tributaries which exhibit any unusual high
readings of the parameters being measured or following report of concerns. The purpose of the "hot
spot" monitoring will be limited to identifying the general location of the source of pollution
contamination only. The appropriate DMA will be notified of the problem and its general location in
order to take action to correct the contributing problem.
4. This program will also include the monitoring of storm drains. The numbers of sites per DMA are as
follows: City of Ashland (3), City of Central Point (2), City of Jacksonville (2), City of Medford (4),
City of Phoenix (2), and City of Talent (2). Some locations are currently being changed, but the number
of sites per city is the same. Exact locations of sites will be determined between each DMA and
RVCOG. The scope of this contract agreement does not include follow-up monitoring for identified
problems. Any additional monitoring by RVCOG will need to be negotiated on a case by case basis.
II. MONITORING -SAMPLING FREQUENCY
1. Sampling will be performed monthly at the sites for E. coli, pH, conductivity, and turbidity. The total
number of sampling runs under this contract will be 12.
2. Sampling will be performed for phosphorus monthly from May through October at sites El-E16, E18 or
E 19 (depending on flow), and E20-E24. Total number of sampling runs will be 6.
3. "Hot Spot" monitoring will occur on an as needed basis.
4. The Storm Drain monitoring program will visit each sample collection site a maximum of 3 times
and samples will be collected if effluent is flowing from the site. The first samples will be taken
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during dry weather flows before the first rains of the season. The second set of samples will be
collected soon after the first storm event of the season that creates surface runoff and the third
sample will be taken approximately 60 days after sample number two.
III. MONITORING -PARAMETERS SAMPLED
1. Sites will be analyzed for E. coli, pH, conductivity, temperature, and turbidity.
2. Sampling will be performed for phosphorus monthly from May through October at sites EI-E16, E18 or
E19 (depending on flow), and E20-E24.
3. Storm Drain monitoring program will sample and analyze for total phosphate, BOD5, pH,
conductivity, temperature, turbidity, and E. coli. Where practical, flow will be estimated at each
site.
IV. MONITORING -METHODS
1. The sampling and testing procedures used will be approved by the Department of Environmental Quality.
The program will operate under a QA/QC program in collaboration with the DEQ and the results from
the program will meet or exceed the requirements of the DEQ. The equipment used in the testing of
these parameters has been received under a DEQ grant and approved by DEQ. The lab used for analysis
will be provided by the City of Medford Wastewater Treatment Laboratory. This contract is conditional
upon the availability ofthis lab.
2. The general analysis methods that will be employed are:
* Temperature - measured by meter, calibrated thermometers and/or continuous instream recorders.
* Conductivity - measured by conductivity meter.
* E. coli testing will be made with the Colilert system
* pH - measured by pH meter.
* Turbidity - using calibrated turbidity meter.
* Ammonia - phenate method with final concentration determined using spectrophotometer.
* Phosphorous - modified ascorbic acid method with final concentration determined using a
spectrophotometer
* BOD5 - 5 day incubation at 68F using Poly Seed innoculum as described in Standard
Methods
* Flow - determined using calibrated staff gauges placed in the stream bed or by use of a
calibrated collection device in the case of storm drain sampling.
V. MONITORING - QUALITY ASSURANCE/QUALITY CONTROL (QA/QC)
1. QA/QC samples will be collected per the QA/QC plan which details internal measures (duplicates) and
external measures (splits with DEQ staff).
VI. IMPLEMENTATION
1. Serve as the Regional Manager for implementation portions of the TMDL Implementation Matrix.
2. Implement portions of the TMDL Matrix on a regional basis including, but not limited to, coordination of
the Quarterly TMDL Meetings, participating in water quality events, providing technical assistance and
resources to restore and protect riparian areas, tracking implementation activities, completing the matrix
summarizing regional manager activities, education and outreach activities, providing copies of TMDL
deliverables for submittal with reports as needed, and coordinating other implementation actions.
VII. REPORTS
1. Reporting will be done in three formats. First, ongoing meetings (approximately quarterly) will occur with
the DMAs, DEQ, and RVCOG. Second, ongoing technical meetings will be performed in conjunction
with DEQ. Third, reports will be provided as per Section C(4), RVCOG RESPONSIBILITIES.
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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
Michael Cavallaro, Executive Director Date
Rogue Valley Council of Governments
City of As land Representative Date
AP VED FORM
w,
A$ lan ty Attorney
Dat y-,23-tS-
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