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Home My WebLink About2003-197 IGA AMND #1 & 2 - TAP IntertieTNTERGOVERNMENTAL AGREEMENT Amendment #2 THTS AGREEMENT is made and entered into by and between the Rogue Valley Council of Governments, hereinafter referred to as "RVCOG", and the Cities of Talent, Ashland and Phoenix, hereinafter referred to as "Cities", both hereinafter referred to collectively as the "Parties," WITNESSETH THAT: Attached to and made part of the intergovernmental agreement for RVCOG, as Acting Managing Coordinator, to manage and coordinate the operation, repair and replacement of the Project components as outlined in Intergovernmental Agreement dated October 27, 2000 and Amendment i dated March 27, 2002 is the following amendment: Amend paragraph 4 of the Intergovernmental Agreement: Proiect DURATION This agreement shall take effect as of the date of the last signature affixed to this document and shall remain in effect until June 30, 2002 2003 2004. If project extends beyond that date, parties will amend contract accordingly. Except as expressly amended, above, all other terms and conditions of the original agreement are still in full force and effect. IN WITNESS WHEREOF, the RVCOG and CITIES have caused this agreement to be executed by their authorized representatives as of the date of the last signature affixed below. PARTIES TO AGREEMENT City Ma-r,~g'~r; City of Talent ~City Administrator, City of Ashland Date - Date Michael Cavallaro Date Executive Director, RVCOG INTERGOVERNMENTAL AGREEMENT AMENDMENT NO. I THIS AGREEMENT is madc and entered into by and between the Rogue Valley Council of Governments, a voluntary intergovernmental association, hereinat'ter referred to as "RVCOG", and the Cities of Talent, Ashland and Phoenix, hereinafter referred to as "CITIES", both hereinafter referred to collectively as the "PARTIES," WITNESSETH THAT: WHEREAS, CITIES are Municipal Corporations within the State of Oregon; WHEREAS, CI'I'IES have constructed a supplemental water supply conveyance system to transport and store potable water from the Medford Water Commission to their respective distribution systems; WHEREAS, CITIES have entered into an Intergovernmental Agreement dated October 27, 2000 to share in the construction of and use of thc TAP pipeline; (Exhibit A), which is attached hereto, and by this rct'crcnce made a part hereof. WHEREAS, CITIES have entered into an agreement with the Medford Water Commission dated October 18, 2000 Ibr maintenance of the Regional Booster Pump Station. (Exhibit B), which is attached hereto, and by this relbrence made a part hereof. WHEREAS, CITIES operatc under a set of By-Laws dated January 2, 2001; (Exhibit C), which is attached hereto, and by this reference made a part hereof. WItEREAS, CITIES have amended their October 27, 2000 lntergover~unental Agreement dated March 27, 2002: (Exhibit D), which is attached hcrcto, and by this reference made a part hereof. WHEREAS, CITIES utilize a TAP Committee as outlined in the By-Laws to provide unified decisions making basis; WHEREAS, the Cities of Ealent and Phoenix are using the facilities and the city of Ashland is participating in project costs as a protccted future user; WHEREAS, the purpose of this Agreemcnt is to make provisions t'or RVCOG, as acting Managing Coordinator, to manage and coordinate the operation, repair and replacement of the Project components as outlined in Intergovernmental Agreement dated October 27, 2000 and Amendment I dated March 27, 2002. TAP Intergovernmental Agreement NOW TIIERF, FORE, in consideration of the terms, conditions, stipulations and covenants herein contained, thc CITIES and RVCOG do mutually agree to thc following: 1. RVCOG Responsibilities RVCOG will provide employees to do the following general tasks: (1) Coordinate, facilitatc and arrange tbr quarterly meetings with TAP Committee and Medford Water Commission. (2) Coordinate and prcpare contracts upon direction from the 'FAP Committee. (3) Coordinate operation, repair and replacements of Project components pursuant to a budget approved and adopted by the TAP Committee. (4) Prepare and submit quarterly income and expense reports to Rural Development/'or first year after substantial completion of construction. (5) Set up and maintain a separate TAP Project checking account. (6) Collect and deposit the charges due from CITIES. (7) Pay when due the billed expenses of the Project, and all other expenses or payments duly authorized by the TAP Committee. (8) Maintain complete and accurate records of all receipts and expenditures for the CITIES. (9) Provide monthly financial reports to the TAP Committee and an audited annual financial report to appropriate agencies. (10) Contract with RVCOG auditors for an annual audit of the financial records of thc joint venture. RVCOG will be responsible for overall supervision of their employees and for all personnel actions relating to their employees. The C1T1ES will provide direction to the employees conccrning tasks to be performed while providir~g services to the CITIES. RVCOG shall be responsible for all costs and expenses related to its employment of employces who will do work for the CITIES under this agreement. CITIES will not make any payments directly to the employee(s). RVCOG will promptly notify the Cfi'lES in writing of any problem associated with this intergovernmental agrccmcnt. RVCOG services will be provided on a per hour basis and all work will be in an approved work plan prior to commencement of ~vork 2 TAP Intergovernmental Agreement 2. CITIES RESPONSIBII,ITIES CITIES will reimburse RVCOG for services performed for CITIES at the actual rate of pay plus RVCOG Board approved overhead subject to annual adjustments on or about July 1 of each year contract is in force, plus supplies, materials, long distance telephone, photocopying, postage, advertising, meeting costs, travel, check stock, audit fees, bank charges and fees, and other miscellaneous associated expenses. CITIES will provide background information and technical support as necessary to accomplish any lask assigned. 3. PAYMENTS RVCOG will invoice CITIES on a monthly basis, to be reimbursed within 30 days of receipt. Payment for services performed under this Agreement shall not exceed a maximum amount o f $18.000. 4. PROJECT DURATION This agrccment shall take effect as of the date of the last signature affixed to this documcnt and shall remain in effect until June 30, 2002.2003. B. This agreement shall be tbr the duration of five years renewable annually on June 30th, 5. AMENDMENTS AND TERMINATION This document with Exhibits A through D 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 all PARTIES. PARTIES may cancel this agreement at any time by giving thirty (30) days notice in writing and delivered in person or by certified mail to thc other party. Any termination o1' this agreement shall not prejudice any rights or obligations accrued to the parties prior to termination. 3 TAP Intergovernmental Agreement 6. REPORTS AND RECORDS All work produced by RVCOG while working for the CITIES shall be the exclusive property of the C1TIES provided that RVCOG may obtain a copy of any public record information. Release of such information shall be at the CITIES direction. 7. INDEMNIFICATION Subject to the limitations and conditions of the Oregon Tort Claims Act, ORS 30.260 through 30.300 and the Oregon Constitution, Article XI, Section 7, the PARTIES agree to save, hold harmless and indemnify each other from any loss, damage, injury, claim, or demand by a third party against either party to this agreement arising from thc activities of the other party in connection with this Agreement. Neither party shall be liable lbr any loss, damage, injury, claim or demand against each other arising from their respective activities in connection with this agreement. IN WITNESS WHEREOF, RVCOG AND CITIES have caused this agreement to be executed by their authorized representatives as of the date of the last signature affixed below: PARTIES TO TIlE AGREEMENT: Date ~t iPy o.a~m',xM ayor Date -- Michael Cavallaro Executive Director, RVCOG Marian ~ele-rs-ki, -Mayor Date City of Talent ~'v'Ct(eg Scoles, City Administrator City of Ashland j~,~/o ~-- Date 4 TAP Intergovernmental Agreement CITY OF ASHLAND 20 E MAIN ST, ASHLAND, OR 97520 (541) 488-5300 CITY RECORDER'S COPY Page 1 / 1 DATE ti PO NUMBER 10/23/2003 ~ 04581 VENDOR: 006368 TAP INTERTIE JOINT VENTURE, A DIVISION OF F P O BOX 3275 CENTRAL POINT, OR 97502 SHIP TO: Ashland Public Works (541) 488-5587 27-1/2 N MAIN STREET ASHLAND, OR 97520 FOB Point: Terms: Net 20 davs Req. Del. Date: Special Inst: Req. No.: Dept.: PUBLIC WORKS Contact: Paula Brown Confirming? No Description Unit Price Ext. Price TAP - Ongoinq Proiect Administration Total $18,000 Split 3-ways Intergovernmental Aclreement Amendment #2 BILL TO: Account Payable 20 EAST MAIN ST 541-552-2028 ASHLAND, OR 97520 SUBTOTAL TAX FREIGHT TOTAL 6,000.00 _ 6~000.00 0.00 0.00 6,000.00 Account Number Amount Account Number Amount E 670.08.15.00.604160 Authorized Signature ~66 000.00 VENDOR COPY ORIGINAL REQUISITION Department PW - Engineering - WATER Vendor RVCOG ~,~, ~/ /> (- ~ PO Box 3275 Central Point, OR 97502 Account No. 670.08.15.00Afi0~O00 CITY OF .SHLAND Date October 14, 2002 No. PW262~ 2004 Requested Delivery Date now Deliver To Via PAULA BROWN Item No ()uantity Unit Description Use of Purchasing ()ffice Only Unit Price lotal Price PO No 1 1 TAP ............... ~ ....... - .... $6,000.00 for Kart: BID /RFP / EXEMPT: [ EXEMPT Contract Sta~ Date: Contract Completion Date: June 30, 2004 lnsuranceon file: I YES I NO Project No: na Job No. Unit No. Issued By Date Received By