HomeMy WebLinkAbout2002-115 IGA - RVCOG Intergovernmental 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 l, 2002, and terminates on June 30, 2003 unless
otherwise amended per Section D.1. of this agreement.
D. AMENDMENTS AND TERMINATION
1. This doetiment 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.
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water quality management in Ashland Creek
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.
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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:
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CITY Representative
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Date
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Date
Michael Cavallaro
Executive Director, RVCOG
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ROGUE VALLEY
COUNCIL OF GOVERNMENTS
WATER RESOURCES DEPARTMENT PO sox 3275. CENTRAL 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
NOTICE OF TRANSMITTAL
TO: BARBARA CHRISTENSEN DATE: JULY 30, 2002
PROJECT: RVCOG
JOB NO.:
SUBJECT: INTERGOVERNMENTAL AGREEMENT
THE FOLLOWING ITEMS ARE BEING SENT TO YOU:
Original Intergovernmental Agreement for additional water quality monitoring in Ashland
Creek.
ENCLOSED &-'
UNDER SEPARATE COVER
REMARKS:
COPIES TO:
Paula
Department of Public Wor
Engineering Division
By: James H. Olson
Title: City Surveyor / Proje anager
PUBLIC WORKS Tel: 541488-5587
20 E. Main Street Fax: 541488-6006 ?.
Ashland, Oregon 97520 TTY: 800-735-2900
WWW.ashand.or.us F_
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G:lputswrkslengldept-adminlWaters\RVCOG Agreement NOT.doc