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HomeMy WebLinkAbout2002-087 Contract - RVCOGIntergovernmental Agreement Between the City of Ashland and the Rogue Valley Council of Governments 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, hereinafter referred to as the CITY, both hereinafter referred to collectively as the PARTIES, WITNESSETH THAT: WHEREAS, RVCOG has been requested by the CITY do water sampling, analysis and reporting for the City of Ashland. NOW THEREFORE, for and in consideration of the terms, conditions, stipulations, and covenants contained herein, and the sums to be paid to the RVCOG by the CITY, the PARTIES do mutually agree to perform as follows: A. EMPLOYMENT OF RVCOG CITY hereby agrees to engage the RVCOG, and the RVCOG hereby agrees to perform the services hereinafter set forth. B. SCOPE OF SERVICES RVCOG shall do, perform, and carry out in a satisfactory and proper manner, as determined by the CITY, the services requested by the 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, 2002, and terminates on June 30, 2003 unless otherwise amended per Section D.1. 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 by giving thirty (30) days notice in writing and delivered in person or by certified mail to the other party. Termination of the contract shall be without prejudice to any claims, obligations, or liabilities either party incurred prior to such termination. 3. If funding from federal, state, or other sources is not obtained and continued at levels sufficient to allow for purchase of the indicated quantity of services this Agreement may be modified to accommodate a reduction in funds. -1- E. PAYMENTS 1. Maximum payment to RVCOG under this agreement is $1,979.20 which includes staff time, supplies and materials, and travel costs. 2. CITY will reimburse RVCOG for expenditures incurred after each six week sampling period as requested after receipt of dated and signed requests for payment. F. REPORTS AND RECORDS 1. The RVCOG will provide the CITY with progress reports and budget reports which provide information on the work products identified in Attachment A to the satisfaction of the CITY. G. RESPONSIBILITIES 1. The CITY shall administratively assist the RVCOG in accomplishing the work products identified in Attachment A by: making the payments identified in Section E. above, maintaining regular communication with the RVCOG, and helping to resolve differences that may arise between the PARTIES. 2. The RVCOG shall be responsible for all tasks required to fulfill the obligations of this agreement other than those identified for the CITY in Section G.1. above. H. INDEMNIFICATION 1. Subject to the limitations and conditions of the Oregon Tort Claims Act, ORS 30.260 through 30.300 and the Oregon Constitution, Article XI, Section 7, the parties agree to save, hold harmless and indemnify each other 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. 2. The RVCOG shall comply with all applicable laws, ordinances and codes of the federal, state and local governments. 3. The 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 the RVCOG performs the work without assistance of any employees, it need not obtain such coverage. 4. Nothing contained in this agreement, nor any of the information contained within any report provided by the RVCOG shall be construed in any way, either stated or implied, as the RVCOG providing specific legal advice to the CITY, its members, officers, agents, employees, or any other person representing the CITY. I. INDEPENDENT CONTRACTOR The RVCOG is an independent contractor, and neither the RVCOG, or its subcontractors, nor its employees, if any, are employees of the CITY. The RVCOG is responsible for all federal, state, and local taxes and fees applicable to payments for services under this agreement. -2- J. EQUIPMENT AND MATERIAL PURCHASES All purchases of equipment or materials by the RVCOG under this agreement are the sole property of the RVCOG. K. ASSIGNMENT Neither PARTY shall assign or transfer any interest in this agreement, nor assign any claims for money due or to become due under this agreement without prior written approval of the other PARTY. L. LIMITATIONS This agreement in no way restricts RVCOG or the CITY from participating in similar agreements with other public or private agencies, organizations, or individuals. M. PROJECT ADMINISTRATORS Project administration for the RVCOG will be managed by: Greg Stabach Phone: (541) 664-6676 ext. 219 Rogue Valley Council of Governments Fax: (541) 664-7927 P.O. Box 3275 gstabach@rvcog.org Central Point, OR 97502 Project administration for the CITY will be managed by: Jim Olson Engineering Services Manager Phone: (541) 488-5587 City of Ashland Fax: (541) 488-6006 20 East Main Ashland, OR 97520 IN WITNESS WHEREOF, the RVCOG and the CITY have caused this agreement to be executed by their authorized representatives. PARTIES TO AGREEMENT: AL(?? CITY Representative Imo, A,? Michael Cavallaro Executive Director, RVCOG Zf Q 2-- Date Z4 (a, Date F.• UDIKATHIEI Contrnctslashland wq romp. wpd -3- ROGUE VALLEY COUNCIL OF GOVERNMENTS WATER RESOURCES DEPARTMENT Po BOX 3275CENTRAL POINT OR 97502 July 25, 2002 RVCOG will sample and analyze bacteria levels in Ashland Creek, as agreed, as described below. Sites: Samples will be collected from the sites listed below. The site locations were selected with consultation from the City and will be sampled once a week for a total of twelve weeks. The initial six- week period will be in the summer of 2002 (July-August), and remaining six during the winter. Data will be compared between up and downstream sites to examine any differences in parameter values based on season, upstream influences, and City contributions. 1. Ashland Creek at Parks Office (near Pioneer Street) (ASH 1) 2. Ashland Creek downstream of swimming reservoir (ASH 2) 3. Ashland Creek Upstream of swimming reservoir (ASH 3) 4. Ashland Creek @ Granite Street Bridge (ASH 4) 5. Ashland Creek @ south end of Lithia Park (Ashland Creek and Windburn Way) (ASH 5) Sampling: Sampling will consist of one composite sample taken from each site. Five sites will be visited during each sample day, and an additional sample taken at a randomly selected location to serve as a duplicate for QA/QC purposes. Analysis: Water samples collected at each location on each date will be analyzed for E.coli. Water samples from each site will be transported by RVCOG to the lab used under agreement with the Medford Regional Wastewater Reclamation Facility and analyzed by RVCOG personnel there. E.coli will be measured using an IDEXX Quanti-Tray/2000 method. Reporting: The City of Ashland will receive a summary of the sampling results following initial data collection and data entry. A report summarizing the sample results will be completed following the winter sampling run. Digital files of the data, and/or a disk containing the raw data will be made available to the City upon request. Cost: Per day analysis 6 sampling sites per day (5 sites plus a duplicate): Costs per sample: Materials and Personnel $26.10 Total per day $156.60 Total for 12 days $1,879.20 Mileage $100 Total Project Cost $1,979.20 ' CITY OF ASHLAND 20 E MAIN ST. ASHLAND, OR 97520 Re (541) 488-5300 VENDOR: 000506 RVCOG P O BOX 3275 CENTRAL POINT, OR 97502 FOB Point: Terms: Net 30 days Req. Del. Date: Special Inst: CITY RECORDER'S COPY Page 1 / 1 DATE PO NUMBER 08/14/2002 1 03534 SHIP TO: Ashland Public Works (541) 488-5587 27-1/2 N MAIN STREET ASHLAND, OR 97520 Req. No.: Dept.: PUBLIC WORKS Contact: Paula Brown Confirming? No Quanta it t s Description Unit Price Ext Price Provide five additional water quality 1 979.20 amplhiii ites'orf Ash bad`Creek above , Lithia Park Intergovernmental Agreement fifec# ve JL 1, 2002 Terminates June 30, 2003 unless °btherw'ise amended x x i i SUBTOTAL 1,979.20 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 1,979.20 r??nvlivu, vr% v f DCD uIx FA AmioU `i3iin `Number :Amount E 260.08.17.00.606600 1,979.20 1 r C l !' Authorized Signature VENDOR COPY Ciix OF ASHLAND REQUISITION No. PW 210 - FY 2001 Department Public Works Vendor RVCOG Water Resources PO Box 3275 Central Point OR 97502 Account No. 24 t>. og , 1-7. Co. 6066 ac Date 07/29/02 Requested Delivery Date ASAP Deliver To Jim Olson Via PAULA BROWN (• Note: Please allow approximately two(2) weeks for delivery on items not generally caried in stored, and approximately two (2) months on printing jobs.) Item No. Quantity Unit Description Use of Purchasing Office Only Unit Price Total Price PO No. Provide five additional water quality sampling sites on Ashland Creek above Lithia Park. $ 1,979.20 $ 1,979.20 Job No. Unit No. I hereby certify that the above items are necessary for the operation of this department and are budgeted Head or Authorized Person Issued By Date Received By ME IFAMA G:Pubwrksleng\DeptAdmin\Waters\RVCOG Water Sampling RequisitionAs CITY OF ASHLAND NOTICE OF TRANSMITTAL TO GREG STABACH DATE: JULY 29, 2002 RVCOG PROJECT: WATER QUALITY MONITORING PO BOX 3275 JOB NO.: CENTRAL POINT OR 97502 SUBJECT: INTERGOVERNMENTAL AGREEMENT THE FOLLOWING ITEMS ARE BEING SENT TO YOU: Original signed copy of the intergovernmental agreement adding five sampling locations on Ashland Creek. ENCLOSED v UNDER SEPARATE COVER REMARKS: COPIES TO: Paula Brown Department of Public W ks Engineering Division By: James H. Olson Title: City Surveyor/Pr ct Manager PUBLIC WORKS Tel: 541488-5587 20 E. Main Street Fax: 541488.6006 Ashland, 0 on 97520 TTY: 800-735-2900 www.asland.or.us G:lpub-wrkslengldeptadminlWaterslRVCOG Agreement Sampling Locations NOT.doc OF& IFFAMAkall