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HomeMy WebLinkAbout1997-011 Agrmt - TMDL Project CITY OF ASHLAND DEPARTMENT OF PUBLIC WORKS ADMINISTRATION: (541) 488-5587 ENGINEERING: (541) 488-5347 C IT Y HAL L 20 E. MAIN STREET ASHLAND, OREGON 97520-1814 FAX (541) 488-6006 NOTICE OF TRANSMITTAL TO: Barbara Christensen DATE PROJECT JOB NO. SUBJECT 03/10/97 TMDL Sampling Project N/A Funding Agreement THE FOLLOWING ITEMS ARE BEING SENT TO YOU: Original inter-agency cooperative funding agreement for the Bear Creek TMDL sampling project. ENCLOSED X UNDER SEPARATE COVER REMARKS: COPIES TO: Greg Scoles Paula Brown Dennis Bamts (c: lengineerlnottrans. frm Department of Public W orklJjs Engineering Division ~ By: James H. Olson 0 Title: Acting Public Works Director ,4.< , lIu~ /-J INTERAGENCY COOPERATIVE FUNDING AGREEMENT FORA BEAR CREEK BASIN NON-POINT SOURCE POLLUfION (TMDL) SAMPLING PROJECT TIllS AGREEMENT is made and entered into by and between the ROGUE V ALLEY COUNCIL OF GOVERNMENTS. 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 Basin 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 pollution problems within the Bear Creek Basin; and WHEREAS, the DMAs have agreed to collectively employ the RVCOG to administer and manage the implementation of a water quality testing program which targets the identification of non-point pollution sources along Bear Creek. 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 retroactively on July 1, 1996 and terminates on June 30, 1997. At that time, pending available funding and a fmding of continuing need. this agreement may be amended or extended per Section "E" below. B. DMAs RESPONSmlLITIES 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 100010 of the amount shown in the Total Cost column as designated for their jurisdiction (Table 1 below). Total payment should be received by RVCOG prior to January 1, 1997 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 need of the TMDL program. 1 5. The participation ofDMA's in this program does not negate their individual responsibilities under the TMDL program. Rather this program is designed to assist the DMA to meet their individual responsibilities. TABLE 1: Cost Allocation by DMA Flow Supplies DMAs Calibration Storm and Admin & Total Contract Sewers (1) Equipment Personnel (2) Cost Ashland 500 1,329 1,000 1,103 $ 3,932 Central Point 500 886 1,000 635 $ 3,021 Jacksonville 500 886 1,000 278 $ 2,664 Medford 500 1,772 1,000 3,674 $ 6,946 Phoenix 500 886 1,000 235 $ 2,621 Talent 500 886 1,000 122 $ 2,508 Jackson County 500 0 1,000 2,640 $ 4,140 Agriculture Department 0 0 0 1,000 $ 1,000 Forestry Department 0 0 0 0 $ 0 Bureau of Reclamation 0 0 0 880 $ 880 RVCOG 500 0 0 2,500 $ 3,000 TOTALS: $4,000 $6,645 $7,000 $13,067 $30,712 Footnotes: (1) $433 per storm drain tested (2) amounts set in previous contract C. RVCOG RESPONSmILITIES 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. This individual (or individuals) will be approved by the DMAs, prior to being hired, for level of training and abilities to complete the project. 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. RVCOG will be responsible only for water quality monitoring and not for any particular DMA meeting DEQ requirements. 4. RVCOG will provide monthly written reports. 2 5. RVCOG will return all unexpended funds under this contract to the DMAs at the end of the contract period. 6. 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. 7. RVCOG will notify the DMAs in writing of any problems occurring with the project which require departure ftom the work program described in Attachment A; this notification will allow the PARTIES to cooperate in addressing how any necessary changes will be made. 8. RVCOG will develop a quality assurance program with DEQ. D. PROJECT COORDINATORS 1. Administration of this agreement for the DMAs shall be accomplished by: · Mike Wolf, Oregon Department of Agriculture, 635 Capital St., N.E., Salem, Oregon, 97310. Phone: 986-4711. · Dan Thorpe, Department of Forestry, 5286 Table Rock Road, Central Point, Oregon, 97502. Phone: 664-3328. · Susan Wilson-Broadus, Public Works Director, City of Ashland, 20 East Main St., Ashland, Oregon, 97520. Phone: 488-5587. · Jim Wear, Public Works Director, City of Phoenix, 100 South B St., Phoenix, Oregon, 97535. Phone: 535-2226. · Tim Connolly, Public Works Director, City of Talent, 204 East Main St., Talent, Oregon, 97540. Phone: 535-3828. · Bob Pierce, Public Works Technician, City of Central Point, 155 S. Second St., Central Point, Oregon, 97502. Phone: 664-6325. . Jeff Alvis, Public Works Director, City of Jacksonville, 180 North 3rd St., Jacksonville, Oregon, 97530. Phone: 899-8236. . Jim Hill, Water Reclamation Administrator, City of Medford, 411 West 8th St., Medford, Oregon, 97501. Phone: 770-4520. · Brad Prior, Sanitarian Supervisor, Jackson County Courthouse, Medford, Oregon, 97501. Phone: 776-7554. 2. Administration of this agreement for RVCOG shall be accomplished by: . Marc Prevost, Director Water Resources Program, Rogue Valley Council of Governments, PO Box 3275, Central Point, Oregon, 97502. Phone: 664-6676. 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. 3 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 DMAs, 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, if through mutual consent., 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 if: (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 provision 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 ofRVCOG which are directly pertinent to the specific contract for the purpose of making audit., examination. excerpts and transcript. S. COMPLIANCE with APPLICABLE LAWS - RVCOG shall comply with all federal, state, and local laws and ordinances applicable to the work under this contract., including those in Attachment B which is attached hereto and by this reference made a part hereof 7. EQUIPMENT OWNERSHIP - Upon termination of this agreement all property or equipment purchased under this agreement will become the sole possession of the RVCOG unless indicated otherwise in writing. F. PAYMENTS 1. The DMAs certify that the funds required by their commitment under this agreement are available until June 30, 1997 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 fTom 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. 2. RVCOG will provide the DMAs with a copy of all materials in section C above. 4 H. MERGER CLAUSE This contract and attached exhibits constitutes 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, ifmade, 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. 5 INTERAGENCY COOPERATIVE FUNDING AGREEMENT FORA BEAR CREEK BASIN NON-POINT SOURCE POLLUfION (TMDL) SAMPLING PROJECT TIllS AGREEMENT is made and entered into by and between the ROGUE VALLEY COUNCIL OF GOVERNMENTS, 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, The PARTIES, by signature of their respective authorized representatives, hereby acknowledge that they have read this contract, understand it, and agree to be bound by its terms and conditions. IN WITNESS WHEREOF, the PARTIES have caused this agreement to be executed by their authorized representatives as of the date of the last signature affixed below: ;/ , ,,- , ,;' Ifn Da~ / ctor RVCOG ~~q:;- Date 6 AITACHMENT A L LOCATIONS MONITORED 1. In this study RVCOG will conduct instream water quality monitoring at the following sites: * The mouths of AsWand Creek. Bear Creek (Kirkland Road), Butler Creek. Coleman Creek, Griffm Creek. Jackson Creek. Larson Creek. Lone Pine Creek. Neil Creek. Payne Creek. Wagner Creek. and Walker Creek. * The Irrigation Diversions for the Talent., Medford and Rogue River Valley Irrigation Districts. * Above and below the Jackson Street Dam. 2. The total number of regular monitoring locations will be 17. These monitoring locations will be reviewed on approximately a quarterly basis with changes made only through agreement of all the PARTIES. 3. Additional "hot spot" monitoring will be completed on those tributaries which exhibit any unusual high readings of the parameters being measured. The purpose of the "hot spot" monitoring will be limited to locating the source of pollution contamination only. The appropriate DMA will be notified of the problem and its location in order to take action to correct the contributing problem. 4. This program will also be monitoring storm drains. The number of sites per DMA as follows: City of Ashland (3), City of Central Point(2), City of Jacksonville(2), City of Medford(4), City ofPhoenix(2), City of Talent(2). Exact locations of sites will be determined between each DMA and RVCOG. at a future date. The program will not be doing follow-up monitoring for identified problems. Any additional monitoring by RVCOG will need to be negotiated and is beyond the scope of this contract. n. SAMPLING FREQUENCY 1. Regular sampling will be performed at the seventeen identified sites on a twice monthly basis during the "non-compliance" season (i.e. April 1 to October 31) and once monthly during the "compliance" season. The total number of sampling runs under this contract will be 19. 2. "Hot Spot" monitoring will occur on an as needed basis only. 3. Storm Drain monitoring program will visit each sample collection site a maximum of 3 times and samples will be collected if effluent is flowing ITom the site. The first samples will be taken 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. ill. PARAMETERS SAMPLED 1. The TMDL parameters sampled and tested include: Temperature, Conductivity, Fecal Coliform. pH. Turbidity, Suspended Solids. Dissolved Oxygen. Ammonia. and Total Phosphate. A flow estimate will be made at each sample location. 2. Storm Drain monitoring program will sample and analyze for total phosphate, BODS, pH and Fecal Coliform IV. METHODS 1. The sampling and testing procedures used will be approved by the Department of Environmental Quality. i The equipment used in the testing of these parameters have been received under a DEQ grant and approved by them. The location of the testing will be provided by the City of Medford Wastewater Treatment Laboratory. This contract is conditional on the availability of this 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. * Fecal Coliform - measured using membrane filter and incubation method. * pH - measured by pH meter. * Turbidity - using calibrated turbidity meter. * Total Suspended Solids - filter through 0.4 um filter and determine filtrate weight after drying. * Dissolved Oxygen - measured by modified Winkler titration method. * Ammonia - phenate method with final concentration determined using spectrophotometer. * Phosphorous-modified ascorbic acid method with final concentration determined using spectrophotometer * BODS - S day incubation at 68F using Poly Seed inoculum 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. REPORTS Reporting will be done in three formats. First., ongoing meetings (approximately monthly) will occur with the DMAs and DEQ. Second, ongoing technical meetings will be done in conjunction with DEQ. Third. monthly and annual reports will be provided as per Section C above. ii