HomeMy WebLinkAbout2010-079 IGA - RVCOG 2010-2011
INTERGOVERNMENTAL 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
Storm water 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 1,2010 and terminate on June 30, 2011
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 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
I. RVCOG will invoice CITY on a monthly basis. CITY shall reimburse
RVCOG within 30 days ofreceipt 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 ofrequired forms documenting work accomplished.
3. Maximum payment to RVCOG under this agreement shall be $5,000.
F. RESPONSffiILlTIES
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
30,260-30.300, 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. RVCOG shall comply with all applicable laws, ordinances and codes of the
federal, state and local governments in its performance under this Agreement.
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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 R VCOG 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. RVCOG
is responsible for all federal, state and local taxes and fees applicable to
payments for services of its employees under this agreement.
1. 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
umeasonably 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
umeasonably 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 of the CITY provided that RVCOG may obtain a copy of any public
record information by paying for the reproduction costs thereof.
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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
RVCOG
lA~~
[!UJn\lL- ~'l.(c.~ '1-'-/lJLu
Title ' Date
Authorized Signature
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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 May 14, 2010
for July 1, 2010 - June 30,2011
RVCOG will work with the City of Ashland to implement the public education/outreach
and public involvement and participation activities necessary to meet the permit
obligations of the NPDES Stormwater Phase II Stormwater Management Plan for the
City of Ashland. This program is being coordinated with similar programs for the City
of Medford, 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
Cost
Task 1: Education / Outreach Strategy Implementation 10 hours $650
. RVCOG will build and maintain existing ~elationships between Ashland's Phase
II municipal storm water 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
work with the City and other regional stormwater partners to host a Bear Creek
Watershed Tour for school teachers on October 12'h, and will incorporate
stormwater components into the tour.
. RVCOG will coordinate with the existing water quality and environmental
education groups in the area including the Bear Creek Watershed Education
Partners (BCWEP), 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 ofthe Outreach Strategy, and will record
milestones achieved for inclusion in the Annual Report to DEQ.
Task 2: Stormwater Brochures and Displays 20 hours $1,300
. RVCOG will update the general stormwater brochure as requested by the City
of Ashland. The brochure includes 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 pet waste disposal, track out, illicit discharges, dumping,
landscaping practices, etc. RVCOG will continue to print and supply existing
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. targeted brochures on erosion prevention and sediment control, and pollution
prevention associated with concrete construction practices and painting.
. 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 = $320
Task 3: Work with Volunteers on Stormwater 10 hours $650
. Continue to develop and maintain program for volunteers to assist in improving
stormwater quality in Ashland neighborhoods. This program will include:
marking catch basins with stick-on disks, distribution of stormwater information,
and presentations and staffing of storm water displays at local public events.
. RVCOG will contact volunteer groups to seek assistance 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 10 hours $650
. RVCOG will develop a list of presenters from the City of Ashland to provide
stormwater presentations to the public and other interested and affected groups
such as the construction industry and environmental/conservation organizations.
. Coordinate presentations by others, including agency personnel and
stormwater experts. RVCOG will provide presentations to interested parties on
stormwater issues. Records of presentations and number of attendees will be
kept.
Task 5: Stormwater Advisory Team (SWAT) 4 hours $260
. 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 SWAT.
. Review external regulatory documents and other sources of
stormwater information, and provide up to date stormwater information
to the City.
. Task 6: Public Review/Public Meetings' 12 hours $780
. RVCOG will work with the City of Ashland to hold at least one public meeting
and publish at least one public notice during the year.
Task 7: Distribute News Release 6 hours $390
. At least one news release and story on Ashland's stormwater program will be
distributed to local media this year.
TOTAL COST = $5,000
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