HomeMy WebLinkAbout2011-216 Agrmt - RVCOG - Bear Crk TMDL INTERAGENCY COOPERATIVE FUNDING AGREEMENT
FOR A BEAR CREEK WATERSHED
NON-POINT SOURCE POLLUTION (TMDL) MONITORING
AND IMPLEMENTATION PROJECT
June 15,2011
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
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 Watershed 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 source pollution problems within the Bear Creek
Watershed;and
WHEREAS,the DMAs have agreed to collectively employ the RVCOG to administer and manage the
implementation of a TMDL Program including water quality testing which targets the identification of and reduction
in non-point pollution within the Bear Creek watershed.
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 on July 1,2011 and terminates on June 30,2012. At that time,pending
available funding and a finding of continuing need,this agreement may be amended,terminated or
extended per Section"E"below.
B. DMAs RESPONSIBILITIES
L Each DMA will make payment to the RVCOG not to exceed the amount allocated in the Total Cost
column(Table I below).
2. Each DMA will make payment in full for 100%of the amount shown in the Total Cost column
as designated for their jurisdiction(Table I below). Total payment should be received by
RVCOG prior to August 31,2011 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 needs of the TMDL program. In addition,each DMA
will send a representative to any additional meetings deemed necessary by the TMDL Committee.
5. The participation of the DMAs in this program does not negate their individual responsibilities under
the TMDL program. Rather this program is designed to assist the DMAs to meet their individual
responsibilities.
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Table 1
Year 2011-2012 Budget
for the TMDL Monitoring and Implementation Program
DMA 2011/12 2011/12 Other 2011/12
Storm Drain Monitoring/Implementation Total Cost
Personnet/Materials
Ashland $1,463.63 $4,341.45 $5,805.08
Central Point $976.44 $3,605.00 $4,581.44
Jacksonville $976.44 $2,936.53 $3,912.97
Medford $1,951.85 $8,067.99 $10,019.84
Phoenix $976.44 $3,035.41 $4,011.85
Talent $976.44 $2,873.70 $3,850.14
Jackson County $0.00 $6,318.02 $6,318.02
Dept. of Agriculture $0.00 $0.00 $0.00
Dept. of Forestry $0.00 $0.00 $0.00
RVCOG $0.00 $5,000.00 $5,000.00
Totals $7,321.24 $36,178.10 $43,499.34
'Cost based on$488.22 per storm drain tested.
C. RVCOG RESPONSIBILITIES
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.
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 periodic written reports.
5. 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.
6. RVCOG will notify the DMAs of any problems occurring with the project which require departure
from the work program described in Attachment A;this notification will allow the PARTIES to cooperate
in addressing how any necessary changes will be made.
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7. RVCOG will develop a quality assurance program with DEQ.
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D. PROJECT COORDINATORS
1. Administration of this agreement for the DMAs shall be accomplished by:
• Dr. Ray Jaindl, Oregon Department of Agriculture,635 Capitol St.,N.E., Salem,Oregon,97301-5232.
Phone: 986-4713.
• Greg Alexander, Department of Forestry,5286 Table Rock Road, Central Point, Oregon,97502.
Phone:541-664-3328.
• James Olson,Public Works,City of Ashland,20 East Main St.,Ashland,Oregon, 97520. Phone: 541-
488-5587.
• Jeff Ballard,City Engineer,City of Phoenix, PO Box 330,Phoenix,Oregon,97535. Phone: 541-535-
5531.
• Jeff Ballard,City Engineer, City of Talent, P.O. Box 445,Talent,Oregon,97540. Phone: 541-535-
5531.
• Stephanie Holtey, CFM, Floodplain/Stormwater Coordinator, Public Works Department,City of
Central Point, 140 So. 3rd St.,Central Point,Oregon,97502. Phone: 541-664-3321,ext.244.
• Jeff Alvis, Public Works Director,City of Jacksonville, 110 East Main Street, P.O. Box 7,
Jacksonville, Oregon,97530. Phone: 541-899-1231.
• Roger Thom,Utilities Engineer,City of Medford,411 West 8"St., Modular Building, Medford,
Oregon,97501. Phone: 541-774-2 100.
• Kelly Madding, Development Services Director,Jackson County, 10 South Oakdale,Room 100,
Medford,Oregon, 97501. Phone: 541-774-6519.
2. Administration of this agreement for RVCOG shall be accomplished by:
• Greg Stabach, Project Manager, Rogue Valley Council of Governments, PO Box 3275,Central Point,
Oregon,97502. Phone: 541-423-1370.
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.
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 DMA's,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: (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 provisions 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 of RVCOG which are directly pertinent to the specific contract
for the purpose of making audits,examinations,excerpts and transcripts.
5. COMPLIANCE WITH APPLICABLE LAWS - RVCOG shall comply with all federal,state,and
local laws and ordinances applicable to the work under this contract.
6. EQUIPMENT OWNERSHIP - Upon termination of this agreement all property or equipment
purchased under this agreement will become the sole possession of the RVCOG.
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7. CONDITIONS OF FINANCIAL NON-PARTICIPATION - The costs shown in Table 1 are
allocated by DMA based upon the receipt of full funding provided by all DMAs listed. If in the
event that a DMA decides not to participate and full funding for the program is not realized,the
agreement will need to be amended as per Section E.I.above. RVCOG reserves the right to
terminate this contract in whole or in part.
F. PAYMENTS
1. The DMAs certify that the funds required by their commitment under this agreement are available until
June 30.2012 at the time of the signing of this agreement.
2. The DMAs will make payment not to exceed the Total Cost column in Table l 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 from 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.
H. MERGER CLAUSE
This contract and attached exhibits constitute 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,if made,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.
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ATTACHMENT A—Work Detail
1. MONITORING-LOCATIONS
1. In this study RVCOG will conduct instream water quality monitoring at the following sites contingent
upon being able to access the sites:
* Bear Creek(11 sites)at: S. Valley View Road, Lynn Newbry Park, Fern Valley Road,Ninth Street,Pine
Street, Kirtland Road,along the Greenway(3 sites in Talent, Phoenix,and Central Point), in Medford
near 1-5,and at Table Rock Road.
* Other Creeks: Neil Creek at Dead Indian Road, Ashland Creek below the Wastewater Treatment Plant,
Griffin Creek at I-5,Jackson Creek at Blackwell Road, Walker Creek at Dead Indian Road, Emigrant
Creek at Mouth,Neil Creek at Mouth,Ashland Creek at Granite Creek,Griffin Creek at Beall Lane,
Jackson Creek at Highway 238,and Jackson Creek at Jacksonville.
* The Irrigation Diversions for the Talent and Medford Irrigation Districts.
2. The total number of projected regular monitoring locations is detailed below. These monitoring locations
will be reviewed on approximately an annual basis with changes made only through agreement of all the
PARTIES.
• Phosphorus— 16
• Ammonia-2
• E.coli-20
• Turbidity, pH,and conductivity—24
• Macroinvertebrates— 10
• Temperature— 19,number will vary based on equipment purchased/available.
3. Additional "hot spot" monitoring will be completed on those tributaries which exhibit any unusual high
readings of the parameters being measured or following report of concerns. The purpose of the"hot
spot"monitoring will be limited to identifying the general location of the source of pollution
contamination only. The appropriate DMA will be notified of the problem and its general location in
order to take action to correct the contributing problem.
4. This program will also include the monitoring of storm drains. The number of sites per DMA are as
follows: City of Ashland(3),City of Central Point(2),City of Jacksonville(2),City of Medford(4),
City of Phoenix(2),City of Talent(2). Some locations are currently being changed, but the number of
sites per city is the same. Exact locations of sites will be determined between each DMA and RVCOG.
The scope of this contract agreement does not include follow-up monitoring for identified problems.
Any additional monitoring by RVCOG will need to be negotiated on a case by case basis.
Il. MONITORING -SAMPLING FREQUENCY
1. Sampling will be performed monthly at the sites for E.coli,pH,conductivity,and turbidity.The total
number of sampling runs under this contract will be 12.
2. Sampling will be performed for phosphorus monthly from May through October at sites R3, R4, R5, R7,
R8, T3,T4,T7,and TI 7. Total number of sampling runs will be 6.
3. "Hot Spot"monitoring will occur on an as needed basis.
4. The Storm Drain monitoring program will visit each sample collection site a maximum of 3 times
and samples will be collected if effluent is flowing from 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.
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III. MONITORING-PARAMETERS SAMPLED
1. The TMDL parameters sampled and tested include: Temperature,Conductivity, E. coli,pH,Turbidity,
Total Suspended Solids(TSS), Dissolved Oxygen,Ammonia, and Total Phosphate.
2. Routine parameters: Temperature,Turbidity,Total Suspended Solids(TSS), E.coli,and pH. Note: Only
E. coli samples are collected at Site Routine 10(Baby Bear Creek).
3. Storm Drain monitoring program will sample and analyze for total phosphate, BOD5,pH,
conductivity,temperature,turbidity,and E.coli. Where practical, Flow will be estimated at each
site.
IV. MONITORING-METHODS
I. The sampling and testing procedures used will be approved in writing by the Department of
Environmental Quality. The program will operate under a QA/QC program in collaboration with the
DEQ and the results from the program will meet or exceed the requirements of the DEQ. The equipment
used in the testing of these parameters has been received under a DEQ grant and approved by DEQ. The
lab used for analysis will be provided by the City of Medford Wastewater Treatment Laboratory. This
contract is conditional upon 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.
• E. coli testing will be made with the Colilert system with approval of DEQ
• pH - measured by pH meter.
• Turbidity-using calibrated turbidity meter.
• Ammonia-phenate method with final concentration determined using spectrophotometer.
* Phosphorous-modified ascorbic acid method with final concentration determined using a
spectrophotometer
* BOD5 -5 day incubation at 68F using Poly Seed innoculum 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. MONITORING—QUALITY ASSURANCE/QUALITY CONTROL(QA/QC)
1. QA/QC samples will be collected per the QA/QC plan which details internal measures(duplicates)and
external measures(splits with DEQ staff).
VI. IMPLEMENTATION
1. Serve as the Regional Manager for implementation of portions of Year 3 of the TMDL Implementation
Matrix.
2. Implement portions of the Year 3 Matrix on a regional basis including,but not limited to,coordination of
the Quarterly TMDL Meetings, Implementing portions of the Regional Outreach Strategy,participating in
water quality events,providing technical assistance and resources to restore and protect riparian areas,
tracking implementation activities,and reporting.
VII. REPORTS
1. Reporting will be done in three formats. First,ongoing meetings(approximately quarterly)will occur with
the DMAs,DEQ,and RVCOG. Second,ongoing technical meetings will be performed in conjunction
with DEQ. Third,reports will be provided as per Section CA, RVCOG RESPONSIBILITIES.
'Selected sites only
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INTERAGENCY COOPERATIVE FUNDING AGREEMENT
FOR THE
BEAR CREEK WATERSHED
NON-POINT SOURCE POLLUTION (TMDL)
MONITORING AND IMPLEMENTATION PROJECT
THIS 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 repres tatives: /
City WAshland Re esentative Date
6 ( c
Michael Cavafraro, Executive Directo VCOG Date
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