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HomeMy WebLinkAbout2006-205 IGA - RVCOG INTERGOVERNMENT AL 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 oflocal governments serving Jackson and Josephine Counties, Oregon; and WHEREAS, CITY is a member agency of the 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. C. TIME OF PERFORMANCE This agreement shall take effect on July 1, 2004 and terminate on June 30, 2007 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 other agreement exists between them, either stated or implied. Any amendments or changes -1- 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. 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 monthly 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 $12,700. 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- 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 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- 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. R V COG is responsible for all federal, state and local taxes and fees applicable to payments for services of its employees under this agreement. I. 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 -3- 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 ~ ~ A..A/\.. Michael Cavallaro Executive Director, RVCOG 10~b Date ~ /~t;)B Date aula Brown Public Works Director City of Ashland -4- ~-, COUNCIL ("'f" Prospectus from RVCOG for Phase II Stormwater Implementation - Public Education and Outreach, Public Involvement and Participation Presented to City of Ashland on May 11, 2004 for work to be performed July 1, 2004-June 30, 2006 This prospectus is based on an estimate of the public education and outreach, and public involvement and participation activities necessary to meet the presumed permit obligations of the NPDES Stormwater Phase II Stormwater Management Plan for the City of Ashland in Permit Year 1. The final Phase II permit is expected to be issued in August 2004. Cost is calculated at an average of $60 per hour, which covers all miscellaneous expenses such as printing, supplies and mileage. Task Hours Required Cost Stormwater Public Education Program Task l: Education and Outreach Strategy 4 hours $213 RVCOG will continue to monitor the effectiveness of the strategy that has been developed, and will make recommendations to the SWAT on potential modifications to the strategy to reach a larger audience. Task 2: Stormwater Brochures 18 hours $1,065 RVCOG will revise the general stormwater brochure to reflect local conditions by featuring local photographs and examples, and tying it into the actual permitted stormwater programs. RVCOG will also develop draft brochures for erosion prevention and sediment control applicable to all construction projects. Task 3: Water Quality Education with Schools 14 hours $819 RVCOG will build relationships between the Phase II municipal stormwater programs and the schoolteachers and SciencelN atural History curriculum directors. RVCOG will coordinate with the existing water quality and environmental education groups in the valley including the Bear Creek Watershed Education Partners, Bear Creek Watershed Council, and the Jefferson Nature Center. Task 4: Work with Volunteer Groups on Stormwater 14 hours $713 RVCOG will assist volunteer organizations who actively contact the SWAT for opportunities to integrate storm water into existing water quality related education projects and programs. Task 5: Serve as Interim Stormwater Speakers Bureau 12 hours $720 RVCOG will coordinate presentations, and make presentations to interested public groups on stormwater issues. Up to three presentations to the public will be prepared and presented in Permit Year 1. Records of presentations will be kept, along with the number of attendees. Task 6: Stormwater Displays 14 hours $852 RVCOG will update the stormwater displays created for the Open Houses and other events, make them available to the SWAT communities, and set up and staff the displays at appropriate events as directed by the SWAT. RVCOG will present the displays at up to four events in Permit Year 1. Task 7: UpdatetheStormwaterWebsite 14 hours $819 Websites require frequent maintenance and updating to remain usable. RVCOG will update the stormwater website monthly, inserting a calendar of events, and a "What's New" section and links. Stormwater Public Involvement and Participation Program Task 1: Public Review/ Public Meetings 18 hours $1,065 RVCOG will coordinate and conduct one public meeting and publish two public notices in Permit Year 1. Meeting coordination includes stakeholder outreach, presentation material preparation, and meeting announcements and advertising, including on the stormwater website. After the meetings are conducted, RVCOG will perform the necessary follow-up activities, including a summary of public comments, a contact list, and use of the comments gathered to influence how stormwater management program activities are conducted for each minimum measure through the life of the permit. Task 2: News Releases 4 hours $216 RVCOG will provide news releases and interviews to the local press as requested by them and as approved by the SWAT. At least two news releases/interviews will be distributed. Task 3: Stormwater Advisory Committee 20 hours $1,218 RVCOG will coordinate SWAT meetings, and perform follow-up activities for up to 6 meetings in Permit Year 1. Subtotal for all tasks = $7,700 TOT AL COST NOT TO EXCEED = $7,700 2 r.' R (5 cjmUE.. VA11~Y ~/ "- / \ &;... COUNCIL Scope of Work for Assistance to the City of Ashland Phase II Stormwater Implementation - Public Education and Outreach, Public Involvement and Participation Presented to City of Ashland on September 18, 2006 for Work to be performed July 1, 2006-June 30, 2007 RVCOG will work with the City of Ashland to implement the public education/outreach and public involvement and participation activities necessary to meet the presumed permit obligations of the NPDES Storm water Phase II Stormwater Management Plan for the City of Ashland. The final Phase II permit is expected to be issued in January 2007. This program will be in coordination with the City of Medford and Rogue Valley Sewer Services (RVS) and the RVS Communities (Talent, Phoenix, Central Point and Jackson County). Estimated costs for budgeting purposes are calculated at an average of $65 per hour, which includes miscellaneous expenses such as indirect costs, supplies and mileage. Actual costs will be billed as incurred. Task Hours Required Cost Task I: Education and Outreach Strategy Implementation 10 hours $650 . RVCOG will build relationships between Ashland's Phase II municipal stormwater program and school districts and private schools in Ashland. RVCOG will look for opportunities to integrate stormwater education into existing water quality related education projects and programs. · 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, the Bear Creek Watershed Council, North Mountain Park Nature Center, ScienceWorks, OSU Extension, and other educational groups. Educational resources and curricula will be adapted and developed as needed from information sources such as Science Works, Healthy Waters Institute, Water Sourcebook, EarthForce, Regional Environmental Education Forum, and others. . RVCOG will monitor the effectiveness of the Outreach Strategy, and will record milestones achieved for inclusion in Annual Report to DEQ. Task 2: Stormwater Brochures and Displays 20 hours $1,300 · RVCOG will customize the general stormwater brochure as requested by the City of Ashland, including hotline telephone numbers for spills and water quality complaints in the Ashland area. · RVCOG will develop specific brochures for other target groups and areas of concern including erosion prevention and sediment control, concrete, paint, track out, illicit discharges, dumping, landscaping practices, etc. · Record the number and type of brochures delivered to the City of Ashland. . RVCOG will update the stormwater poster boards and other educational and interactive materials, and set up and staff the displays at educational events. Printing costs = $645 Task 3: Work with Volunteers on Stormwater 10 hours $650 . RVCOG will work with the City of Ashland and North Mountain Park to develop a program for volunteers to assist in improving stormwater quality in Ashland. This program will include: marking catch basins with stencils or stick-on disks, distribution of stormwater information, presentations and staffing of stormwater displays at local public events. . RVCOG will contact volunteer groups to seek volunteers to assist with the above program. . RVCOG will assist volunteers and volunteer organizations that actively contact RVCOG or the City of Ashland. Task 4: Develop Speakers Bureau and Vendor Displays 15 hours $975 . RVCOG will develop a list of presenters to provide stormwater presentations to the public and other interested and affected groups. . Coordinate presentations by others, including agency personnel and stormwater experts. RVCOG will directly provide presentations to interested parties on stormwater issues. Records of presentations will be kept, along with the number of attendees. Task 5: Stormwater Advisory Team (SWAT) 12 hours $780 . RVCOG will continue to be an active member of the SWAT and attend meetings. . Continue to review and provide comments on documents, presentations and programs developed by the S W A T. . Review external regulatory documents and other sources of current stormwater information, and provide reviews to the City of Ashland to keep them up to date on essential stormwater information. TOTAL COST = $5,000 2 rA' CITY RECORDER'S COpy CITY Of A~~~~~D l ASHLAND, OR 97520 (541) 488-5300 Page 1 / 1 --. r 11n/2006 I L 07198 l VENDOR: 000506 RVCOG POBOX 3275 CENTRAL POINT, OR 97502 SHIP TO: Ashland Public Works (541) 488-5587 51 WINBURN W A V ASHLAND, OR 97520 FOB Point: Tenns: Net 10 days Req. Del. Date: Speclallnst: Req. No.: Depl: PUBLIC WORKS Contact: Paula Brown Conflnning? Ves InteraQency AQreement with RVCOG for the Phase II Stormwater Public Improvement & Public Education FV06, July 05 - June 06 4,811.04 Exempt Contract start date: July 1 , 2003 Completion date: June 1, 2007 Insurance on file BIU TO: Account Payable 20 EAST MAIN ST 541-552-2028 ASHLAND, OR 97520 SUBTOTAL TAX FREIGHT TOTAL 4 VENDOR COpy CITY Of ASHLAND REQUISITION No. PW - FY 2007 Department Public Works Vendor Rogue Valley Council Governments PO Box 3275 Central Point OR 97502 Account No. 260.0S.17.00.606600 Date November 2, 2006 Requested Delivery Date ASAP Deliver To Jim Olson Via (' Nola: PIeae oIIow ~ two(2)""'" fur deIi-.y 011 ~ not .-.BY ooriod ill sDed.1IId ~ _ (2) IDIIDIbs 011 prinlingjobs.) Item No. Quantity Unit Description Interagency Agreement with RVCOG for the Phase n Stormwater Public Involvement & Public Education FY06 July OS-June 06 S 4,S11.04 S 4,S11.04 719S TOTAL S 4,S11.04 Job No. Unit No. I her.by c:or1ilY 1bat 1be obove ~ ore _ fur 1be ~ ~.._.._- ~ / Head or AuIhorizod Penon If) Issued By Date Received By r.t. , G:\pub-wrks\eng'dept-admin\WatersIRVCOG Water Sampling Requisition 2005 06.xis