HomeMy WebLinkAbout2021-046 IGA COA & Rogue Valley Council of Governments INTERAGENCY COOPERATIVE FUNDING AGREEMENT
FOR A BEAR R CREEK WATERSHED
NON—POINT SOURCE POLLUTION (TMDL)MONITORING
AND IMPLEMENTATION PROJECT
July 1,2021
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 tocollectively as the Designated Management Agencies(DMAs). All participants included in this
agreement Ore 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'.1,2021 and terminates on June 30,2022. 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
1. Each DMA will make payment to the RVCOG the amount allocated in the Total Cost column(Table 1
below).
2. Each DMA will make payment in full for 100%of the amount shown in the Total Cost column
asdesignated for their jurisdiction(Table 1 below). Total pavment"should he received by
RVCOG prior to September 30th.2021 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 basedpolicy
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.
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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.
D. PROJECT COORDINATORS
1. Administration of this agreement for the DMAs shall be accomplished by:
• Stephanie Page,REHS,Director of Natural Resources&Pesticide Programs Oregon Department
of Agriculture,635 Capitol St,N.E.,Salem,Oregon,97301=5232:Phone:'986-4713.
• Nick Haile,Stewardship Forester,Department of Forestry,5286 Table Rock Road,Central Point,
Oregon,97502. Phone:541-664-3328.
• Ciara Marshall,Water Resource Technician,City of Ashland Engineering,20 East Main St,
Ashland,Oregon,97520. Phone:541-552-2410.
• Matias Mendez,Public Works Superintendent,City of Phoenix,PO Box 330,Phoenix;Oregon,
97535. Phone:541-535-2226.
• Kristin Maze,Community Development Director,City of Talent,P.O.Box 445,Talent,Oregon,
97540, Phone:541-535-1566 ext. 1010.
• Mike Ono,Environmental Services/GIS Coordinator,CFM,Public Works Department,City of
Central Point, 140 So.3rd St,Central Point,Oregon,97502. Phone:541-664=3321,ext.243.
• 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 8th St,Modular Building,Medford,
Oregon,97501.'Phone:541=774-2100.
• De Anna Bingham,Development Services,Jackson County,10 South Oakdale,Room 100,
Medford,Oregon,,97501. Phone:541-774-6902.
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2. Administration of this agreement for RVCOG shall be accomplished by:
• Greg Stabach,Natural Resources Program 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 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
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ATTACHMENT A=Work Detail
I. 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 NewbryPark,Fern Valley Road,Ninth Street,Pine
Street,Kirtland Road,along the Greenway(in Talent,Phoenix,and Central Point),in Medford near I-5,,
and at Table Rock Road.
* Other Creeks: Neil Creek at Dead Indian Road,Ashland Creek below the Wastewater Treatment Plant,
Griffin Creek atI-5,Jackson Creek at.Blackwell Road,Walker Creek at Dead Indian Road,Emigrant
Creek at Mouth,Neil Creek at Mouth,Ashland Creek at Granite Street,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-22
• Ammonia—2
• E.coli—24
• Turbidity,pH,and conductivity—24
• Macroinvertebrates—10
• Temperature—24 spot samples,number of continuous stations 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. Concerns will also be forwarded to the
appropriate DMA,agency,and/or entity(e.g.,RVSS).
4. This program will also include the monitoring of storm drains.The numbers 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),and City of Talent(2). Locations can be changed annually,but the number of sites
per city is the set unless additional funding is added. Visual inspections are conducted as part of the
monitoring. Exact locations of sites will bedetermined 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 ori a case by case basis.
II. 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 El-E16,E1 8 or.
El9(depending on flow),and E20-B24. 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
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reporting,and coordinating other implementation actions.
3. Work with the DMAs,partner organizations,and others to implement the Stream Smart Program:
Activities will include hosting of the Stream Shaft website,coordination of the Stream Smart Advisory
Committee,Website updates,and other activities as directed by the DMAs.
VII. REPORTS
1, Reporting will be done annually. Formats may includeupdates at meetings(approximately quarterly)with
the DMAs,DEQ,andRVCOG,ongoing technical meetings will be performed in conjunction with DEQ
and others,and provided as per Section C(4),RVCOG RESPONSIBILITIES.
IN WITNESS WHEREOF,RVCOG AND DMA(City,County,or Agency)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
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Ant. arie Alfrey,Executive Director. Date
Rogue Valley Council of Governments
7/24/2 /
City of Ashland Representative ,Date '
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