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HomeMy WebLinkAbout2016-334 Agrmt - RVCOG - Stormwater Mgt Plan RENEWAL AGREEMENT RECITALS A. 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", entered into an Intergovernmental Agreement ("IGA") on November 7, 2013 for RVCOG to implement public education and outreach, and public involvement and participation activities to meet the permit obligations of the NPDES Stormwater Phase II Stormwater Management Plan for the CITY. B. The IGA provided for annual renewal for up to five (5) additional years upon signature of both parties of a written renewal agreement, provided (1) the Agreement has not been terminated as provided therein and neither party is in breach of the Agreement; (2) each yearly renewal is document in 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. C. The above enumerated conditions (1) and (3) are currently satisfied. This Renewal will satisfy condition (2). AGREEMENT 1. The PARTIES agree to renew the IGA for an additional year on identical terms and conditions. This Renewal Agreement shall be effective as of July 1, 2016 and will terminate on June 30, 2017 unless otherwise terminated or extended pursuant to Section D of the IGA. CITY OF ASHLAND -/7E~g IAA CI ST/~~k4 Authorized Title Date RVCOG tl ~0 ~ Authorized Title Date APPROVED AS TO FOR M Asti land City Attorney Date Scope of Work for Assistance to the City of Ashland Phase II 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 II Stormwater Management Plan for the City of Ashland. This program is being coordinated with similar programs for the other Bear Creek Valley Phase II 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. Strea.mwise 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) 5 • 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 set up 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. (b 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 RV S and the RV S 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 6 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 1 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 2 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. 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 ASHLAND Authorized Signature Title Date RVCOG Authorized Signature Title Date 4 A i i RENEWAL AGREEME NT RECITALS A. The Rogue Valley Council of Governments,. a voluntary intergovernmental. association, hekeinafter. referred to as "RVCOG" ; and the. City of Asbland, an Oregon municipal corporation, hereinafter referred to as "CITY", both of which are hereinafter referred to collectively as the "PAI .TIES", entered into an Intetgovenirrierrtal Agreement ("WW') on November 7, 2013 for RVCOG to iniplernent-public education~and: outreach, and. public i.nvolveztrerit and participation activities to nnoet the permit obligations of the NPDES S.tormwater Phase II Stormwatet Management Plan for the. CITY.. B. The IGA provided for annual renewal for up to five (5) additional years upon signature by both parties of a. written rell6mil agreement, provided (1) -I1ie- Agreement has not been terminated as provided therein and neither party is in breach .of'the Agmem''eilt; (2) gaela yearly renewal is documented in a writing signed by the .Ashland City A.dmimstrator id, an authorized representative of RVCOG; and (3) the services to be-provided by RVCAQG and the fund' to be provided by Ashland remain substaiztially the same. C, The above enumerated coed W'Ons (1) and (3) are cwftently sat.isfied. This Rene-wa;l .Agreeftieut will. satisfy condition (2}. AGREEMENT L Tbc.PARTIES agree to renew the IGA Prot an additional year Qn identical-terins arid. conditions, This Renewal Agreement: shall be effective as of July 1,, 2014 and will teminate on Tone 30, 241.5 untess otherwise terminated or extended pursuant to 8e-ction D of the IGA, CITY OF A84AND P L Authorized Signature Title Date RVCOG Authorized Signature Title Date