Loading...
HomeMy WebLinkAbout1996-012 Agrmt - Water IntertieINTERGOVERNMENTAL AGREEMENT between ROGUE VALLEY COUNCIL OF GOVERNMENTS and the CITY OF TALENT CITY OF ASHLAND CITY OF PHOENIX for Professional Services as MEDFORD WATER INTERTIE PROJECT COORDINATOR THIS AGREEMENT is made and entered into by and between the Rogue Valley Council of Governments, herein after referred to as "RVCOG", and the City of Talent, City of Ashland, and the City of Phoenix, herein after referred to as "CITY", and both hereinafter referred to collectively as the PARTIES, WITNESSETH THAT: WHEREAS, RVCOG is a voluntary association of local governments serving Jackson and Josephine Counties, Oregon; and WHEREAS, CITIES are a member agency of the RVCOG; and WHEREAS, CITIES have determined the need to evaluate the feasibility of a water intertie with the Medford Water Treatment Plant to transport treated drinking water to the CITIES; and WHEREAS, CITIES support and desire RVCOG to participate as a team in the professional consulting services for the Medford Water Intertie Project Coordinator; and WHEREAS, RVCOG and CITIES desire to express their cooperative agreement in writing. NOW THEREFORE, in consideration of the terms, conditions, and stipulations within this agreement, the PARTIES do mutually agree as follows: RVCOG RESPONSIBILITIES Ao RVCQG will provide a team of in-house RVCOG staff and consultant services to receive, administer, and expend funds to complete the project as described in Exhibit A to this document; "Medford Water Intertie Project Coordinator - Rogue Valley Council of Governments Team Proposal", hereinafter referred to as the "project." RVCOG shall be responsible for all costs and expenses related to its employment of individuals to perform the work under this agreement. C. RVCOG will be responsible for the daily administration and oversight of the project. D. RVCOG will designate Paula Brown as the Project Team Leader/ Project Coordinator. Eo Go RVCOG will perform and complete the project consistent with Exhibit A of this document, and consistent with direction from the CITIES' Management Group. RVCOG will coordinate progress schedules and weekly progress meetings with the CITIES' Management Group. RVCOG will promptly notify CITIES in writing of any problem arising in the project which will require the work program to deviate from that described in Exhibit A so that the PARTIES can address any necessary changes. CITIES RESPONSIBILITIES A. CITIES will reimburse RVCOG, as defined below, for costs incurred as a result of the expressed intent to fund the project. B. CITIES will provide continual advisory support and technical support through their Management Group throughout the project duration. CITIES will provide background documentation to assist in the summarizing the current project situation. PAYMENTS CITIES agree to fully reimburse RVCOG for all costs incurred as a direct result of this project. B0 CITIES agree to split the costs evenly (in thirds) for the work being completed as a part of this agreement to evaluate the feasibility study. Go RVCOG will invoice CITIES on a monthly basis, to be reimbursed within 30 days of receipt. D. Any additional work as agreed by both PARTIES will be billable and paid monthly. PROJECT DURATION - TERMINATION A. This agreement shall take effect on January 8, 1996, and shall remain in effect for one year with an option to renew upon mutual written agreement of all PARTIES. ENTIRE AGREEMENT - AMENDMENTS AND ASSIGNMENTS Ao This document, including Exhibit A, shall constitute the entire agreement between the PARTIES. All amendments, modifications, or changes to the provisions of this agreement, in whole or in part, may be entered into at any time upon mutual written agreement, signed by all PARTI ES. RVCOG - MEDFORD H20 TAP PROJECT COORDINATOR INTERGOVERNMENTAL AGREEMENT Page - 2 (November 30, 1995) RVCOG shall not assign or transfer any of its interest in this agreement without the prior written consent of CITIES. TERMINATION A. This agreement may be terminated by mutual written consent of all PARTIES. This agreement may be terminated with cause by either PARTY upon 30 days written notice delivered by certified mail or in person if the other PARTY fails to perform any of the provisions of this Agreement, or fails to correct within 10 days, the conditions identified in writing by the opposing PARTY as non-compliant or endangering performance under this agreement. Any such termination shall not affect any obligations or liabilities of either PARTY incurred prior to the termination or rights of the opposing PARTY to recover costs for failure to perform. REPORTS AND RECORDS RVCOG will provide CITIES with a copy of all documents, reports and materials developed pursuant to this Agreement. CITIES shall provide RVC©G with a copy of all relevant documents, studies or reports to assist in the development of the project. PROJECT COORDINATORS A. Administration of this Agreement for RVCOG shall be accomplished by: Paula Brown, PE, Associate Director Rogue VaIley Council of Governments P.O. Box 3275 Central?oint, OR ,c~7502 B. Administration of this Agreement for CITIES shall be accomplished by: Tony P3xton, City Administrator City of Talent PO Box 445 Talent OR 97540 Brian Almquist, City Administrator City of Ashland 20 E. Main Ashland, OR 97520 Betty Smith, City Recorder City of Phoenix PO Box 666 Phoenix, OR 97535 RVCOG - MEDFORD H20 - TAP PROJECT COORDINATOR INTERGOVERNMENTAL AGREEMENT Page - 3 (November 30, 1995) All notices or other written communication shall be addressed to the above PARTIES, at their above addresses. POLITICAL ACTIVITY The funds, materials, property, or services provided to RVCOG under this Agreement shall not be used for the purpose of influencing legislation or for the benefit of any political candidate campaigning for public office. 10. ATTORNEY FEES If suit or action is brought by either PARTY to enforce any right or obligation created by this Agreement or to recover damages for failure to comply with the terms of this Agreement, the prevailing PARTY shall be entitled to recover any trial court and appellate courts, reasonable attorney fees, i.ncluding costs and disbursements therein. IN WITNESS WHEREOF, RVCOG and CITIES 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 a~y eLaMar~'-Schaefer, ExecL~ive Director ' Frank Falsarella, Mayor, City of Talent Date y i der~ Ma~Ashland Date Jerry Greer, Mayor, City of Phoenix RVCOG - MEDFORD H20 - TAP PROJECT COORDINATOR INTERGOVERNMENTAL AGREEMENT Page - 4 (November 30, 1995)