HomeMy WebLinkAbout2003-179 Agrmt - RVCOGCITY OF
ASHLAND
August 26, 2003
Mr. Craig Harper
Rogue Valley Council of Governments
PO Box 3275
Central Point OR 97502
Re:
RVCOG TMDL INTERAGENCY FUNDING AGREEMENT FOR BEAR CREEK
TMDL SAMPLING
Dear Craig,
As discussed on the phone earlier this week, I am concerned that the agreement requires the
agencies to make full payment prior any work being performed. As we have discussed in the
past, I believe this arrangement was necessary the first year of the project when RVCOG was
purchasing materials and starting the process. Now that we are in the third year, it is prudent to
modify the agreement and have the agencies pay 50% at the beginning of the FY and 50% upon
completion of sample collection. Please modify section B. 2. To read the following: "2. Each DMA will make payment as follows:
50°4 of the amount shown in the Total Cost column as designated for their jurisdiction
(table 1 below) to RVCOG by October 15, 2003. The remaining 50% shall be paid
upon invoice from RVCOG after completion of the sampling but prior to providing
written reports as shown in item C. 4."
If you would prefer to agree to this change rather than making a separate addendum to Ashland's
specific contract, please sign below indicating your concurrence with this change. Once you
have agreed to our changes, I will make payment. I can use the original invoice and just pay
half. Thank for your understanding.
If you have questions, please contact me at 541-552-241 i.
Sincerely,
Public Works Director / City Engineer
PUBLIC WORKS DEPARTMENT
20 E. Main Street
Ashland, Oregon 97520
www.ashJand.or, us
Tel: 541-488-5587
Fax: 541488-6006
TTY: 800-735-2900
RVCOG; I agree to)he terms above.
Representative' {i(le ~/~) '~ "/~'/- ,~tt,.,q- ,,~j~., date Cfi/of
August 26, 2003
Mr. Craig Harper
Rogue Valley Council of Governments
PO Box 3275
Central Point OR 97502
CITY OF
-ASHLAND
Re.'
RVCOG TMDL INTERAGENCY FUNDING AGREEMENT FOR BEAR CREEK
TMDL SAMPLING
Dear Craig,
As discussed on the phone earlier this week, I am concerned that the agreement requires the
agencies to make full payment prior any work being performed. As we have discussed in the
past, I believe this arrangement was necessary the first year of the project when RVCOG was
purchasing materials and starting the process. Now that we are in the third year, it is prudent to
modify the agreement and have the agencies pay 50% at the beginning of the FY and 50% upon
completion of sample collection. Please modify section B. 2. To read the following: "2. Each DMA will make payment as follows:
50% of the amount shown in the Total Cost column as designated for their jurisdiction
(table 1 below) to RVCOG by October 15, 2003..The remaining 50% shall be paid
upon invoice from.RVCOG after completi°n of the sampling but prior to providing
written reports as shown in item C. 4."
If you would prefer to agree to this change rather than making a separate addendum to Ashland's
specific contract, please sign below indicating your concurrence with this change. Once you
have agreed to our changes, I will make payment. I can use the original invoice and just pay
half. Thank for your understanding.
If you have questions, please contact me at 541-552-241 i.
Sincerely,
Public Works Director / City Engineer
PUBLIC WORKS DEPARTMENT
20 E. Main Street
Ashland, Oregon 97520
www.ashland.or, us
Tel: 541488-5587
Fax: 541-488-6006
TTY: 800-735-2900
.%)iO~2erms above.
Representative, {i{le ;,,tt~.el' ,
INTERAGENCY COOPERATIVE FUNDING AGREEMENT
FOR A BEAR CREEK WATERSHED
NON-POINT SOURCE POLLUTION (TMDL) SAMPLING PROJECT
August 13, 2003
F:La. DhKAT HI E\Contr acts\lmdl contr 03.wpd
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 to collectively as the Designated Management Agencies (DMAs). All participants included in this
agreement are 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 pollution problems within the Bear Creek
Watershed; and
WHEREAS, the DM_As 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, 2003 and terminates on June 30, 2004. 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 not to exceed the amount allocated in the Total Cost
column (Table I 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 1 below). Total payment should be received by
RVCOG prior to October 15, 2003 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 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. In addition, each DMA will send a
representative to any additional meetings deemed necessary by the TMDL Committee.
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
Year 2003-2004 budget and explanation
for the TMDL Water Quality Monitoring Program
Designated
Management Supplies and Personnel and
Agency Storm Server~ Equipment Administration Totals
Ashland $1,380.00 $1,550.00 $2,541.57 $5,471.57
Central Point $920.00 $1,550.00 $1,847.76 $4,317.76
Jacksonville $920.00 $1,400.00 $1,367.98 $3,687.98
Medford $1,840.00 $1,550.00 $6,055.10 $9,445.10
Phoenix $920.00 $1,550.00 $1,311.11 $3,781.11
Talent $920.00 $1,550.00 $1,159.11 $3,629.11
Jackson County $0.00 $1,550.00 $4,404.84 $5,954.84
Dept. of Agriculture $0.00 $0.00 $1,000.00 $1,000.00
Dept. of Forestry $0.00 $0.00 $0.00 $0.00
Bureau of Reclamation $0.00 $0.00 to be determined --
RVCOG $0.00 $880.00 $3,700.00 $4,580.00
Totals: $6,900.00 $31,580.00 $23,387.48 $41,867.48
~Cost based upon $460 per storm drain tested.
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 cooperate
in addressing how any necessary changes will be made.
7. RVCOG will develop a quality assurance program with DEQ.
2
D. PROJECT COORDINATORS
1. Administration of this agreement for the DMAs shall be accomplished by:
· Ray Jaindl, Oregon Department of Agriculture, 635 Capitol St., N.E., Salem, Oregon, 97301-5232
Phone: 986-4713.
· 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.
· Joe Strahl, Public Works Director, City of Talent, 204 East Main St., Talent, Oregon, 97540. Phone:
535-3828.
· Bob Pierce, Public Works Director, 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:
· Greg Stabach, Hydrologist/Monitoring Coordinator, 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 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, 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 accrued prior to such terminations. (b) Any DMA may terminate the whole, or any part, of this
agreement with R¥COG 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) 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
the books, documents, papers, and records of RVCOG which are directly pertinent to the specific contract
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 1 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, 2004 at the time of the signing of this agreement.
2. The DMAs will make payment not to exceed the Total Cost column in Table 1 above as indicated for
each respective DMA 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 are no understandings, agreements, or
representations, oral or written, not specified herein regarding this contract.
ATTACHMENT A
I. LOCATIONS MONITORED
1. In this study RVCOG will conduct mstream water quality monitoring at the following sites:
* The mouths of Ashland Creek, Bear Creek (Kirkland Road), Butler Creek, Coleman Creek, Grifl~m
Creek, Jackson Creek, Larson Creek, Lone Pine Creek, Neil Creek, Payne Creek, and Wagner Creek.
* The Irrigation Diversions for the Talent, Medford and Rogue River Valley Irrigation Districts.
* Additional sites to be determined by BOR
The total number of regular monitoring locations will be 14. These monitoring locations will be
reviewed on approximately a quarterly basis with changes made only through agreement of all the
PARTIES.
o
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 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.
This program will also include the monitoring of storm drams. 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). Some locations are currently being changed, but the number of
sites per city is the same. 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 case by case basis.
II. SAMPLING FREQUENCY
1. Regular sampling will be performed at the 16 TMDL sites on a twice monthly basis during the "non-
compliance" season (April 1 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.
°
Storm Drain monitoring program will visit each sample collection site a maximum of 3 times and
samples will be collected if effluent is flowing from the site. The first samples will be taken
during "dry weather flows" before the first rains of the season. The second set of samples will be
collected soon after the £~rst storm event of the season that creates surface runoff and the third
sample will be taken approximately 60 days after sample number two.
IH. PARAMETERS SAMPLED
1. The TMDL parameters sampled and tested include: Temperature, Conductivity, E. Coli, 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 E.
Coli.
IV. METHODS
1. The sampling and testing procedures used will be approved in writing by the Department of
Environmental 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 availability 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 Colilert system with approval of DEQ
* pH - measured by pH meter.
* Turbidity - using calibrated turbidity meter.
* Total Suspended Solids - filter through 0.4 um filter and determine filtrate 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 f'mal 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 R¥COG. Second, ongoing technical meetings will be performed in
conjunction with DEQ. Third, reports will be provided as per Section C:4, RVCOG
RESPONSIBILITIES.
INTERAGENCY COOPERATIVE FUNDING AGREEMENT
FOR A
BEAR CREEK WATERSHED
NON-POINT SOURCE POLLUTION (TMDL) SAMPLING PROJECT
THIS AGREEMENT is made and entered into by and between the ROGUE VALLEY
COUNCIL OF GOVERNMENTS, 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,
The PARTIES, by signature of their respective authorized representatives, hereby acknowledge
that they have read this contract, understand it, and agree to be bound by its terms and conditions.
IN WITNESS WHEREOF, the PARTIES have caused this agreement to be executed by their
authorized representatives:
City of Ashland Representative Date
Michael Cavallaro, Executive Director RVCOG Date
CITY OF ASHLAND
20 E MAIN ST.
ASHLAND, OR 97520
(541) 488-5300
CITY RECORDER'S COPY
Page 1 / 1
DATE
] PO NUMBER
o4494
09/1
2/2O03
VENDOR: 000506
RVCOG
P O BOX 3275
CENTRAL POINT, OR 97502
SHIP TO: Ashland Public Works
(541) 488-5587
27-1/2 N MAIN STREET
ASHLAND, OR 97520
FOB Point:
Terms: Net 30 days
Req. Del. Date: 07/01/2003
Special Inst:
Req. No.:
Dept.: PUBLIC WORKS
Contact: Paula Brown
Confirming? No
Quantityr Unit Description Unit Price Ext. Price
BLANKET PURCHASE ORDER
TMDL Samplin.q Proiect FY045,471.57
: Interagency A-qreement RVCOG
Beginning Date: July 1,2003
Tei'mination Date: June 30, 2004
I
SUBTOTAL 5,471
BILL TO: Account Payable TAX 0.00
20 EAST MAIN ST FREIGHT 0.00
541-552-2010 TOTAL 5,471.57
ASHLAND, OR 97520
E 260.08.17.00.606600 5,471.57
Authorized Signature VENDOR COPY
REQUISITION
CITY OF
-ASHLAND
Department PW- SD
Vendor Rogue Valley Council of Governments
PO Box 3275
Central Point, OR 97502
Account No. 260.08.17.00.606600
Date September 5, 2003
Requested Delivery. Date now
Deliver To Jim Olson
Via PAULA BROWN
(* Note: Please allow approximately two(2) weeks for delivery on ite~ns not
generally cafied 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.
1 ea 1 Interagency Agreement RVCOG $ 5,471.57
TMDL Sampling Project
FY04
Job No. Unit No.
l hereby certify that the above items are necessary for the operation
of this department and are budgeted ~D a~erson~
Issued By Date Received By
for Kari:
BID /RFP / EXEMPT: EXEMPT (Govt)
Contract Start Date: July 1, 2003
Contract Completion Date: June 30, 2004
Insurance on file: ~ NO
Project No: na