HomeMy WebLinkAbout2002-177 IGA - RVCOG - TAP
INTERGOVERNMENTAL AGREEMENT
THIS AGREEMENT is made and entered into by and between the Rogue Yalley Council of
Governments, a voluntary intergovernmental association, hereinafter referred to as "RYCOG", 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, CITIES 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 the TAP pipeline; (Exhibit A), which is attached
hereto, and by this reference made a part hereof.
WHEREAS, CITIES have entered into an agreement with the Medford Water Commission
dated October 18, 2000 for maintenance of the Regional Booster Pump Station. (Exhibit B),
which is attached hereto, and by this reference made a part hereof.
WHEREAS, CITIES operate under a set of By-Laws dated January 2,2001; (Exhibit C),
which is attached hereto, and by this reference made a part hereof.
WHEREAS, CITIES have amended their October 27, 2000 Intergovernmental Agreement
dated '7}? AJ1I'~ ;l /'of , 2002: (Exhibit D), which is attached hereto, 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 Talent and Phoenix are using the facilities and the city of Ashland is
participating in project costs as a protected future user;
WHEREAS, the purpose of this Agreement is to make provisions for RYCOG, 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 1 dated '1~-A) d '7 , 2002.
1 TAP Intergovernmental Agreement
NOW THEREFORE, in consideration of the terms, conditions, stipulations and covenants
herein contained, the CITIES and RYCOG do mutually agree to the following:
1. RYCOG Responsibilities
A. RYCOG will provide employees to do the following general tasks:
(1) Coordinate, facilitate and arrange for quarterly meetings with TAP Committee
and Medford Water Commission.
(2) Coordinate and prepare contracts upon direction from the TAP 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 for 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 RYCOG auditors for an annual audit of the financial records of
the joint venture.
B. RYCOG will be responsible for overall supervision of their employees and for all
personnel actions relating to their employees. The CITIES will provide direction to the
employees concerning tasks to be performed while providing services to the CITIES.
C. RYCOG shall be responsible for all costs and expenses related to its employment of
employees who will do work for the CITIES under this agreement. CITIES will not
make any payments directly to the employee(s).
D. RYCOG will promptly notify the CITIES in writing of any problem associated with this
intergovernmental agreement.
E. R Y COG services will be provided on a per hour basis and all work will be in an
approved work plan prior to commencement of work
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2. CITIES RESPONSIBILITIES
A. CITIES will reimburse RYCOG for services performed for CITIES at the actual rate of
pay plus RYCOG Board approved overhead subject to annual adjustments on or
about July I 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.
B. CITIES will provide background information and technical support as necessary to
accomplish any task assigned.
3. PAYMENTS
A. RYCOG will invoice CITIES on a monthly basis, to be reimbursed within 30 days of
recei p1.
B. Payment for services performed under this Agreement shall not exceed a maximum
amount of$18,000.
4. PROJECT DURATION
A. 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.
B. This agreement shall be for the duration of five years renewable annually on June 30th.
5. AMENDMENTS AND TERMINATION
A. 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 agreen1ent shall be reduced to writing
and signed by all PARTIES.
B. 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 the other party.
Any termination of this agreement shall not prejudice any rights or obligations accrued to the parties
prior to termination.
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6. REPORTS AND RECORDS
A. All work produced by RYCOG while working for the CITIES shall be the exclusive
property of the CITIES provided that RYCOG 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, injw)', 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.
IN WITNESS WHEREOF, RYCOG 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 THE AGREEMENT:
~ ^^ ~, :3(l..-D I (J "-
Michael Cavallaro Date
Executive Director, RYCOG
~~~
Marian Telerski, Mayor ~ 'J..;;' Date
City of Talent '1~JOOZ
4 TAP Intergovernmental Agreement
~/~5p;;-
Scoles, City Administrator
of Ashland
Date
Exhibit D
INTERGOVERNMENTAL AGREEMENT
Amendment #1
Amendment #1 to the Intergovernmental Agreement Between the Cities of Talent,
Ashland and Phoenix signed on October 27,2000.
Recitals:
A. The cities of Talent, Ashland and Phoenix entered into an intergovernmental
agreement entitled "Intergovernmental Agreement Between the Cities of Talent,
Ashland and Phoenix Municipal Corporations with the State of Oregon" and signed on
October 27, 2000. This agreement is further referred to in this Amendment #1 as the
"IGA."
B. The cities desire to amend the IGA in certain respects as shown below.
Changes are indicated by lining through words that are to be deleted from the IGA and
underlining words that are to be added.
The cities of Talent, Ashland and Phoenix agree:
1. The first paragraph of Section I.G. of the IGA is amended to read:
The CITIES shall continue with their present TAP Committee for project review
and decisions. The TAP Committee consists of four ('1) member two members
from each jurisdiction appointed by their governmental unit. The Committee
shall meet on the second Tuesday of eaGR the month at least quarterJy at 5:30
P.M. at the Talent City Council Chambers.
2. Paragraphs Band C of Section V of the IGA is amended to read:
B. The TAP Intertie Transmission Line is to be held, conveyed, encurnbered,
leased, rented, occupied and improved subject to limitations, restrictions,
covenants and conditions set forth in this Agreement. The Line is dedicated for
domestic and municipal and industrial water supply purposes.
C. Each CITY shall have the indefeasible right to use the TAP IntertiE~
Transmission Line for the transmission of domestic '/later and municipal and
industrial water to its respective city. The City of Talent and the City of Phoenix
plan to use the water upon completion of the Project. The City of Ashland
anticipates its use of the TAP Intertie Transmission Line at an unspecified time in
the future.
At such time as the City of Ashland begins to use the TAP Intertie Transmission
Line, it shall be entitled to sufficient capacity within the TAP Intertie
Transmission Line to produce a flow and quantity of water equaling 250/0 of
1- TAP Amendment #1
Ashland's averaQe daily demand for the months of July, AUQust and September
in the year 2050 not to exceed 1.6 million gallons per day (1.6 mgd) at the point
of diversion located within the City of Talent for the City of Ashland's water.
The City of Talent shall be entitled to sufficient capacity within the TAP Intertie
Transmission Line to produce a flow and quantity of water equalinQ a peak daily
demand not to exceed 4.0 mQd in the year 2050.
The City of Phoenix shall be entitled to sufficient capacity within the TAP Intertie
Transmission Line to produce .9. flow and quantity of water equalinQ .9. peak daily
demand not to exceed 3.0 mQd in !De year 2050.
rNote: all water quantity fiQures based on Lee EnQineerinQ study dated AUQust 19971
2. The following paragraphs 0 and E are added to Section V of the IGA:
D. The CITIES, upon mutual aQreement, may reallocate respective capacities if
deemed necessary.
E. At such time as the City of Ashland beQins to use the TAP Intertie
Transmission Line, the City of Ashland shall be responsible for increrrlental
upsizinQ of the pumps located at the ReQional Booster Pump Station unless the
pumpinQ system needs to be completely replaced. If the pumpinq system needs
to be replaced, the three CITIES shall share the cost of such based on the flow
based formula in effect at the time of uPQrade.
3. Paragraphs A, B, C and G of Section VI are amended as follows:
A. Operation, Maintenance, Repair, and Replacement. To coordinate contracts
and suitable work only after direction from CITIES, with direction frorn the TAP
Committee, or perform 'Nork with its O'Nn forces for operation, maintenance and
repair of the TAP Intertie Transmission Line pursuant to an approved budget by
the Committee.
!L ManaqinQ Coordinator's ~ Qf 9~ ~ Forces. Th~ ~ging
Coordinator may perform v.'ork '/lith its O'Nn forces. HO'Never, The CITIES are in
the process of selecting a third party for operation and maintenance of the T.A.P
Intertie Transmission Line. To the extent that any CITY uses its o':.'n employees
in the performance of its duties under this Agreement, that entity shall be
responsible for complying with all applicable state and federalla'.4.'s and f-or all
employment related benefits and deductions, 'Norkers' compensation premiums
and pension contributions.
C. Coordination with Medford Water Commission. As necessary, the Managing
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Coordinator, witH only after direction from the TAP Committee, will coordinate
meetings between the Medford Water Commission operators and the CITIES to
coordinate ongoing water demands, water quality concerns and any other
ongoing operational considerations.
G. Improvements or Fixtures. No improvements or fixtures shall be made or
attached to the Project \Nhich could cause interference \vith the operation of the
TAP Intertie Transmission Line or be an obligation of a fiscal nature for the
CITIES without the prior written consent of the CITIES.
4. The following paragraph C is added to Section VII of the IGA:
C. To the extent that any CITY uses its own employees in the performance of its
duties under this Aqreement, such CITY shall be responsible for complyinq with
all applicable state and federal laws and for all employment related benefits and
deductions, workers' compensation premiums and pension contributions.
IN WITHNESS WHEREOF, CITIES have caused this Amendment to be executed by
their authorized representatives as of the date of the last signature affixed below:
PARTIES TO THE AMENDMENT
Date
~ka!o~
Larry Pard c i, Mayor
City of Phoe ix
Date
3- TAP Amendment #1