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HomeMy WebLinkAbout2007-150 Funding Agrmt - RVCOG - TMDL INTERAGENCY COOPERATIVE FUNDING AGREEMENT FOR A BEAR CREEK WATERSHED NON-POINT SOURCE POLLUTION (TMDL) SAMPLING PROJECT June 4, 2007 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 source pollution problems within the Bear Creek Watershed; and WHEREAS, 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, 2007 and terminates on June 30, 2008. At that time, pending available funding and a fmding of continuing need, this agreement may be amended, terminated or extended per Section "E" below. B. DMAs RESPONSmILITlES 1. Each DMA will make payment to the RVCOG not to exceed the amount 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 1 below). Total pavment should be received by RVCOG prior to AUi!:Ust IS. 2007 unless other arran2ements 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 2007-2008 budget for the TMDL Water Quality Monitoring Program , DMA ,2007/08 1007108 2007/Q8 ,- Storlll.Qrain' .Perso"~~l$ate~s ]'QtalCost Ashland $1,421.00 $4,215.00 $5,636.00 Central Point $948.00 $3,500.00 $4,448.00 Jacksonville $948.00 $2,851.00 $3,799.00 , Medford $1,895.00 $7,833.00 $9,728.00 Phoenix $948.00 $2,947.00 $3,895.00 Talent $948.00 $2,790.00 $3,738.00 Jackson County $0.00 $6,134.00 $6,134.00 Dept. of Agriculture $0.00 $1,000.00 $1,000.00 Dept. of Forestry $0.00 $0.00 $0.00 RVCOG $0.00 $4,717.00 $4,717.00 Totals $7,108.00 $35,987.00 $43,095.00 lCost based upon $474 per storm drain tested. C. RVCOG RESPONSmILITIES 1. RVCOG will receive, administer, and expend funds to hire and supervise the number ofindividual(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. · Bob Lewis, Public Works Director, City of Phoenix, PO Box 330, Phoenix, Oregon, 97535. Phone: 535-2226. · Betty Wheeler, City Manager, City of Talent, 204 East Main St., Talent, Oregon, 97540. Phone: 535-1566. · Bob Pierce, Public Works Director, City of Central Point, 140 S. Third 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. · Brice Perkins, Operations Manager and Ron Forsythe, Public Works Supervisor, City of Medford, 821 N. Columbus Ave., Medford, Oregon, 97501. Phone: 774-2602. · 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, Project Manager, Rogue Valley Council of Governments, PO Box 3275, Central Point, Oregon, 97502. Phone: 423-1370. 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 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 aufuorized. 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 3 books, documents, papers, and records ofRVCOG 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. 2008 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. 4 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, Neil Creek, Payne Creek, and Wagner Creek. (TMDL Run) * Headwaters of Bear Creek, Ashland Creek at Lithia Park, Bear Creek at South Valley View Road, Bear Creek at West Valley View Road by Lyn Newbry Park, Bear Creek at Fern Valley Road R. V. Park, Lazy Creek at Highland Road, Bear Creek at Ninth Street, Bear Creek at Pine Street, Jackson Creek at Scenic Road, Baby Bear Creek at Bear Creek Park. (Routine Run) * The Irrigation Diversions for the Talent, Medford and Rogue River Valley Irrigation Districts. 2. The total number of regular monitoring locations will be 24. These monitoring locations will be reviewed on approximately an annual 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 or following report of concerns. 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. 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). 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. Sampling will be performed at the 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. Sampling will be performed at the Routine sites on a monthly basis. Total number of sampling runs will be 12. 3. "Hot Spot" monitoring will occur on an as needed basis. 4. The Storm Drain monitoring program will visit each sample collection site a maximum of3 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 first storm event of the season that creates surface runoff and the third sample will be taken approximately 60 days after sample number two. III. PARAMETERS SAMPLED 1. The TMDL parameters sampled and tested include: Temperature, Conductivity, E. coli, pH, Turbidity, Total Suspended Solids (TSS), Dissolved Oxygen, Anunonia', and Total Phosphate. 2. Routine parameters: Temperature, Turbidity, Total Suspended Solids (TSS), E. coli, and pH. Note: Only E. coli samples are collected at Site Routine 10 (Baby Bear Creek). 3. Storm Drain monitoring program will sample and analyze for total phosphate, BOD5, pH, conductivity, temperature, turbidity, and E. coli. Where practical flow will be estimated at each site. 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 UDon the availabilitv 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 ofDEQ 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. Anunonia - 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 performed in conjunction with DEQ. Third, reports will be provided as per Section C:4, RVCOG RESPONSmILITIES. 'Selected sites only INTERAGENCY COOPERATIVE FUNDING AGREEMENT FORA 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: ~'7 J&I.-.J "7 Date \.A.~~ ~ -J~,t)7 Date Michael Cavallaro, Executive Director RVCOG rA' rol~'l~'\/ O'~.""'.-" ~'CR'C C"Cl,DV v; i "W ,," .,~ ;.=. V . 'I i Page 1 / 1 CITY OF ASHLAND 20 E MAIN ST. ASHLAND, OR 97520 (541) 488-5300 ~ I~d--;;~I VENDOR: 000506 RVCOG POBOX 3275 CENTRAL POINT, OR 97502 SHIP TO: Ashland Public Works (541) 488-5587 51 WINBURN WAY ASHLAND, OR 97520 FOB Point: Terms: Net 10 days Req. Del. Date: Speciallnst: Req. No.: Dept.: PUBLIC WORKS Contact: Paula Brown / Jim Olson Confirming? No InteraQency AQreement with RVCOG for the NPDES stream monitorinQ. 5,636.00 InteraQency Cooperative FundinQ AQreement for a Bear Creek Watershed Non-Point Source Pollution (TMDL) SamplinQ Project Terms: July 1, 2007 - June 30,2008 BILL TO: Account Payable 20 EAST MAIN ST 541-552-2028 ASHLAND, OR 97520 SUBTOTAL TAX FREIGHT TOTAL VENDOR COPY CITY OF ASHLAND REQUISITION No. PW - FY 2007 Department Public Works Vendor Rogue Valley Council Governments PO Box 3275 Central Point OR 97502 Account No. 260.08.17.00.606600 Date July 3, 2007 Requested Delivery Date Deliver To Jim Olson Via ASAP (0 Note: Please allow approximately two(2) weeks for delivery 00 items not genenlly c:aried in stored, and approximately two (2) months 00 printing jobs,) Item No. Quanrity Unit Description Use ofPurcbasinR Office Only Unit Price Total Price PO No. Interagency Agreement with RVCOG for the NPDES Stream monitoring $ 5,636.00 $ 5,636.00 '" @ '-'J ~ #\..L d~1 p 7- &)8 f'u. ~, ^~,tL~y: TOTAL $ 5,636.00 $ 5,636.00 forKm: BIDIRFP I EXEMPT: Exettl.ptGovt Contract Start Da(e: J!lly 1, 2003 Contract Coinp1etloll'Date: June 1,2008 InsutlUlce on file: ,t 'YES I NO Project No: 'N/A Job No. Unit No. '__~~_""__h~~ ofd1is department and are budgeted . Head or Authorized Person Issued By Date Received By r~' G:\pub-wrks\eng\dept-admin\WatersIRVCOG Water Sampting Requisition 2007 08.x15