HomeMy WebLinkAbout2000-129 IGA Funding Agrmt - RVCOGORIGINAL
INTERAGENCY COOPERATIVE FUNDING AGREEMENT
FOR A BEAR CREEK BASIN
NON-POINT SOURCE POLLUTION (TMDL) SAMPLING PROJECT
uly zs, 2000
THIS AGREEMENT is made and entered into by and between the ROGUE VALLEY COUNCIL OF
GOVERNMENTS, a voluntary intergovemmental association, hereinafier 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 hcreinafter referred
to collectively as the Designated Management Agencies (DMAs). All participants included in this agreement arc
hereinaf~ar referred to collectively as the PARTIES, WITNESSETH THAT:
VaiEREAS, 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 sourca pollution problems in the Bear
Creek Basin 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 pollution problems within the Bear Creek Basin;
and
VatEREAS, the DMAs have agreed to collectively employ the RVCOG to administer and manage the
implementation of a water quality testing program which targets the identification of non-point pollution sources
along Bear Creek.
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, 2000 and terminates on June 30, 2001. At that time, pending
available funding and a finding of continuing need, this agreement may be mended, terminated or extended
per Section "E" below.
B. DMAs RESPONSIBILITIES
1. Each DMA will make payment to the RVCOG not to exceed the mount 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 as
designated for their jurisdiction (Table I below). Total navment should be received by RVCOG
nrior to Sentember 15, 2000 unless other arran~,ements are made nrior to that date.
3. Each DMA will support the RVCOG in its administration and management of the Bear Creek
Non-point Pollution (TIVIDL) 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.
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.
TABLE 1: Cost Allocation by DMA
(estimated costs per category)
Designated Storm Supplies
Management Sewer and
Agency (t) Equipment
Ashland $1,380.00 $t,260.00
Central Point $920.00 $1,260.00
Jacksonville $920.00 $1,260.00
Medford $1,840.00 $1,260.00
Phoenix $920.00 $1,260.00
Talent $920.00 $1,260.00
Jackson County $0.00 $1,260.00
Agriculture Department $0.00 $0.00
Forestry Department $0.00 $0.00
Bureau of Raclamation $0.00 $0.00
RVCOG $0.00 $200.00
TOTALS: $6,900.00 $9,020.00
E Colt Administration Totals
Equipment and
(2) Personnel
;400.00 $2,457.54 $5,497.54
;400.00 $1,787. l 0 $4,367.10
;400.00 $1,323.12 $3,903.12
;400.00 $5,856.36 $9,356.36
;400.00 $1,267.62 $3,847.62
;400.00 $1,121.10 $3,701.10
;400.00 $4,260.18 $5,920.18
$1,000.00 $I,000.00
$0.00 $0.00
$880.00 $880.00
$400.00 $3,500.00 $4,100.00
$3,200.00 $23,453.02 $42,573.02
Footnotes:
(1) $460 per storm drain tested for each DMA
(2) This is a one-time charge to cover the cost of equipment needed to begin E-Colt testing
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 cooperere in addressing
how any necessary changes will be made.
7. RVCOG will develop a quality assurance program with DEQ.
D. PROJECT COORDINATORS
1. Administration of this agreement for the DMAs shall be accomplished by:
· Mike Wolf, Oregon Department of Agriculture, 635 Capital St., N.E., Salem, Oregon, 97310.
Phone: 986-4711.
· Dan Thorpe, Department of Forestry, 5286 Table Rock Road, Central Point, Oregon, 97502.
Phone: 664-3328.
· James Olson, Public Works, City of Ashland, 20 East Main St., Ashland, Oregon, 97520. Phone:
488-5587.
· Jim Wear, Public Works Director, City of Phoenix, 1000 South B St., Phoenix, Oregon, 97535.
Phone: 535-2226.
· Tim Dedrick, Public Works Director, City of Talent, 204 East Main St., Talent, Oregon, 97540.
Phone: 535-3828.
· Bob Pierce, Public Works Technician, City of Central Point, 155 S. Second St., Central Point,
Oregon, 97502. Phone: 664-6325.
· Jeff Alvis, Public Works Director, City of Jacksonville, 180 North 3rd St., Jacksonville, Oregon,
97530. Phone: 899-8236.
· Jim Hill, Water Reclamation Administrator, City of Medford, 411 West 8th St., Medford, Oregon,
97501. Phone: 774-2100.
· Ken Cote, Jackson County Courthouse, 10 South Oakdale Room 100, Medford, Oregon, 97501.
Phone: 776-7554.
2. Administration of this agreement for RVCOG shall be accomplished by:
· Bill Meyers, Natural Resources Specialist, Rogue Valley Council of Governments, PO Box 3275,
Central Point, Oregon, 97502. Phone: 664-6674.
E. AMENDMENTS AND TERMINATION
1. AMENDMENTS - Amendments or changes to the provisions of this contract in whole, or in pan, shall be
reduced to writing and signed by the appropriate PARTIES. Unless amended in this way, this document
constitutes the entire agreement befween 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
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
aeerued prior to such terminations. (b) Any DMA may terminate the whole, or any part, ofthis agreement
with RVCOG by written notice of default: (i) IfRVCOG fails to provide services called for by this contract
within the time specified herein or any extension thereof, or (ii) IfRVCOG 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 anntract for the
purpose of making audit, examination, excerpts and transcript.
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.
7. CONDITIONS OF FINANCIAL NON-PARTICIPATION - The costs shown in Table I 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.1. 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. 2001 at the time of the signing of this agreement.
2. The DMAs will make payment not to exceed the Total Cost column in Table I above as indicated for each
respective D1VlA 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 am no understandings, agreements, or
representations, oral or written, not specified herein regarding this centract.
INTERAGENCY COOPERATIVE FUNDING AGREEMENT
FOR A
BEAR CREEK BASIN
NON-POINT SOURCE POLLUTION (TMDL) SAMPLING PROJECT
THIS AGREEMENT is made and entered into by and between the ROGUE VALLEY COUNCIL OF
GOVERNMENTS, hereinafier 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 conlxact, understand it, and agree to be bound by its terms and conditions.
IN WITNESS WHEREOF, the PARTIES have caused this agreemere to be executed by their
authorized representatives:
Re resentative Date
Michael Cavallaro, Executive Director RVCOG Date
5
ATTACHMENT A
I. LOCATIONS MONITORED
1. In this study RVCOG will conduct instream water quality monitoring at the following sites:
* The mouths of Ashland Creek, Bear Creek (Kirkland Road), Butler Creek, Coleman Creek, Griffin Creek,
Jackson Creek, Larson Creek, Lone Pine Creek, Nell Creek, Payne Creek, and Wagner Creek.
* The Irrigation Diversions for the Talent, Medford and Rogue River Valley Irrigation Districts.
* Above and below the site of the former Jackson Street Dam in Medford.
2. The total number of regular monitoring locations will be 16. These monitoring locations will be reviewed on
approximately a quarterly basis with changes made only through agreement of all the PARTIES.
3. Additional "hot spot" monitoring will be completed on those tributaries which exhibit any unusual high
readings of the parameters being measured. The purpose of the "hot spot" monitoring will be limited to
identifying the general location of the sourca of pollution contamination only. The appropriate D1VIA 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). 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 ease by case basis.
II. SAMPLING FREQUENCY
1. Regular sampling will be performed at the 16 identified sites on a twice monthly basis during the "non-
compliance" season (April I to October 31) and once monthly during the "compliance" season. The total
number of sampling runs under this contract will be 19.
2. "Hot Spot" monitoring will occur on an as needed basis only.
3. Storm Drain monitoring pregrarn will visit each sample collection site a maximum of 3 times and
samples will be collected if effluent is flowing from the site. The tint samples will be taken during
"dry weather flows" before the first rains of the season. The second set of samples will be collected
soon at~er the tirst storm event of the season that creates surface runoff and the third sample will be
taken approximately 60 days aRer sample number two.
IlL PARAMETERS SAMPLED
1. The Tha)L parameters sampled and tested include: Temperature, Conductivity, Fecal Coliform (E-Coil will
tested in place offecal coliform beginning Fall 2000), pH, Turbidity, Suspended Solids, Dissolved Oxygen,
Ammonia, and Total Phosphate.
2. Storm Drain monitoring program will sample and analyze for total phosphate, BOD5, pH and Fecal
Coliform CE-Coli will tested in place offecal coliform beginning Fall 2000).
IV. METHODS
1. The sampling and testing procedures used will be approved in writing by the Department of Environmantel
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
avallabiliW 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 Colalert system with approval of DEQ
* pH - measured by pH meter.
* Tttrbidity - using calibrated turbidity meter.
* Total Suspended Solids - filter through 0.4 um filter and determine tiltrate weight after drying.
* Dissolved Oxygen - measured by modified Winkler titration method.
* 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 inoculum 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. 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 pefformed in conjunetion with
DEQ. Third, reports will be provided as per Section C:4, RVCOG RESPONSIBILITIES.
CITY OF ASHLAND
20 E. MAIN ST.
ASHLAND, OR 97520
VENDOR: 000506
RVCOG
P 0 BOX '3275
CENTRAL POINT. OR
97502
SHIP TO:
Ashland Public Works
(541) 488-5587
27-1/2 N MAIN STREET
ASHLAND. OR 97520
PAGE i
FOBPoint: Req. No.:
Terms: Net 30 days Dept.: PUBLIC WORKS
Req. Dd. DaN: Com~: Paula Brown
Speciallnst: Confirming? N
Contract: Interagency Bear Creek TMDL Sampling Project
TMDL Sampling Project
BILLTO:ACCOUnt Payable
20 EAST MAIN ST
541-552-2010
ASHLAND. OR 97520
E 260.08.17.00.606600
SUBTOTAL 5,497.54
TAX .00
FREIGHT .00
TOTAL 5,497.54
5.497.54
Purchasing Representative
VENDOR COPY