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Home My WebLink About2006-054 IGA - City of Talent City of Tafent C G ~?)l~ bc;'lt-\.?~ (Jr?~ ~ u '?~v 204 East Main Street, Post Office Box 445, Talent, Oregon 97540 Telephone: (541) 535-1566 Fax: (541) 535-7423 E-mail: talent@cityoftalent.org Gino Grimaldi City Administrator City of Ashland 20 East Main Street Ashland, Oregon 97520 ~~ 118 IH \fl ~~ \\\\l p..PR 2 4 2006 \\IJ April 20, 2006 By-==::====:- RE: IGA Emergency Water Services Dear Gino: Enclosed is the signed Intergovernmental Agreement for the Provision of Emergency Water Services between the City of Ashland and the City of Talent. The City Council approved this agreement at their meeting of April 19, 2006 and I have dated the agreement as of that date. The Creel Road project has been placed out to bid and the water line to be paid for by the City of Ashland has been included in that bid. Please feel free to contact me if you need any additional information. Sincerely, , .;j:.tz~ I(.i j~L~ Betty Wheeler City Manager Enclosure (1) CC: Joe Strahl, Director of Public Works "Equal Opportunity Provider" INTERGOVERNMENTAL AGREEMENT FOR THE PROVISION OF EMERGENCY WATER SERVICES Intergovernmental agreement ("Agreement") made on fffti/ /1', 200" , between the CITY OF ASHLAND ("Ashland") and the CITY OF T LENT ("Talent"). RECITALS: A. Ashland and Talent, together with the City of Phoenix, have entered into an agreement to build, [d] a water distribution system to convey, water from thE! Medford Water Commission to each of the respective cities. This water conveyance system will hereinafter be referred to as the TAP (Talent, Ashland, Phoenix) line. B. The TAP line has been completed so as to provide water from the Medford Water Commission to Talent. C. The TAP line has not yet been completed to provide Medford Water Commission water to the City of Ashland. D. Until such time as the TAP system is fully completed, the parties desire for Ashland to construct facilities to connect to the TAP system in Talent which will provide for emergency water service for both parties as more specifically set forth in this Agreement. CITY OF ASHLAND AND CITY OF TALENT AGREE: 1. Services bv Ashland: Ashland shall provide the following at Ashland's sole cost, liability and expense: 1.1. Completion of the 16" line in Creel Road at the same time that the reconstruction of Creel Road is performed this spring and summer. 1.2. Right-of-way acquisition and/or agreement with ODOT for the w;e of highway right-of-way along Highway 99. 1.3. The construction of a 18" waterline between Creel Road in Talent and the north city limits of Ashland, including installation of shut off valves at each end and the installation of a water meter that will measure flow either way. 1.4. The construction of a pumping station near the north city limits of Ashland. 1.5. The construction of emergency pumping facilities as needed to distribute the [inter-tie] TAP water line to all customers within the city. 1.6 All other equipment, materials, labor, supplies, agreements, approvals, and other expenses or arrangements that go into making the project complete and compliant with this Agreement (except as expressly designated in this Agret~ment as PAGE 1- INTERGOVERNMENTAL AGREEMENT (p:agree\RVTD.wpd) the responsibility of Talent), 2. Operation upon completion of construction. 2.1. The parties will normally maintain the newly constructed waterline full, with both the valves between the two systems closed. 2.2. The Public Works Directors of each City shall have the authority to activate the TAP [inter-tie] line. Twenty-four hours advance notice of the activation will normally be required except during emergency. If some level of curtailment is requirE~d, the Public Works Directors of each respective city shall notify its city administra1tor or city manager, mayor and city council. The notification shall include the nature of the emergency, expected duration and impacts. Each City shall be responsible to initiate its own curtailment policy as needed to supply the emergency water needs of the other. 2.3. The timing, volume and rate of water available to the TAP line [inter-tie] shall be determined by the supplying City. However, each City, to the extent feasible, shall take reasonable steps to supply the other with sufficient water to meet the basic minimal needs of the other (i.e. fire flows, health and safety). 2.4. The receiving City will pay the delivering city for the cost of wate~r received at the standard TAP charge then in effect as established by the Medford Water Commission. 2.5. Water stored in the system should be changed at least twice per year to maintain good water quality. It shall be Ashland's responsibility to open the valves and operate the pumps as necessary to change the stored water. Ashland shall also be responsible for disposal of water drained from the system. The Cities shall alternately be responsible for re-filling the pipeline from their respective systems. This exchange of water shall only occur during periods of low water use when water storage is at maximum. Neither City shall charge the other for water not delivered to customers as a result of exchanging stale water for fresh water. 2.6. Other than the exchange of stale water for fresh water, the system shall only be activated during a true emergency. The requesting city shall use its discretion in determining what constitutes a true emergency. 3. Worker's Compensation: Each party shall cover its own employees with Worker's compensation insurance. 4. Indemnification: To the extent allowed by the Oregon Constitution, and within the limits of the Oregon Tort Claims Act, Ashland and Talent shall defend, indemnify, and hold the other party, its officers, agents, and employees harmless for, [from] and against any and all claims, actions, costs, judgments, damages, and other E~xpenses resulting from injury to any person (including injury resulting in death) or damage to property (including loss or destruction), of whatsoever nature, arising out of or incident to the performance of this agreement. Neither party shall not be held responsible for PAGE 2 - INTERGOVERNMENTAL AGREEMENT (p:agree\RVTD.wpd) any claims, actions, costs, judgments or other damages, directly and proximately caused by the negligence or willful act of the other party to this agreement. 5. Amendments And Termination 5.1. This document 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. 5.2. This agreement may be modified or cancelled only if the parties are In agreement of such modification or cancellation. 5.3. This agreement shall be terminated upon completion of the necessary work for Ashland to make full use of the TAP waterline for daily supply of water. 5.4. This agreement may be terminated by either party for default of the other party if written notice of default has been delivered by the terminating party to the defaulting party, setting forth the nature of default and the defaulting party fails to take appropriate steps within a reasonable time to cure the default. 6. Access To Records: The parties and their duly authorized representatives shall have access to all documents, papers, and records directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcript. 7. Compliance With Applicable Laws: The parties shall comply with all federal, state, and local laws and ordinances applicable to any contracted work. 8. Future Intent: It may be possible for the parties to operate their respective systems more efficiently by working with each other to develop similar operational agreements for storage and/or pumping. Any opportunities to achieve more efficiency will bE~ reviewed at operational and administrative levels with both parties before any ideas are discussed with policymakers. The first goal for both parties should be to assure that this emergency agreement works well for all concerned.. CITY OF TALENT By ~4/kL Its ~1 ftkH:J~ CITY OF ASHLAND ~ ) PAGE 3 - INTERGOVERNMENTAL AGREEMENT (p:agree\RVTD.wpd)