Loading...
HomeMy WebLinkAbout2008-061 IGA - RVCOG INTERGOVERNMENTAL AGREEMENT 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, an Oregon municipal corporation, hereinafter referred to as "CITY", both of which are hereinafter referred to collectively as the Parties; WITNESSETH WHEREAS, RVCOG is a voluntary association oflocal governments serving Jackson and Josephine Counties, Oregon; and WHEREAS, CITY is a member agency of the RVCOG; and WHEREAS, RVCOG has been asked by CITY to assist with the implementation of public education/outreach and public involvement/participation activities for their Stormwater Phase II Management PROGRAM; and WHEREAS, the purpose of this agreement is to make provisions for RVCOG to perform these services for the CITY and to provide for cost reimbursement. NOW THEREFORE, in consideration of the mutual terms, conditions, stipulations and covenants herein contained, the PARTIES do hereby agree to the following: A. EMPLOYMENT OF RVCOG CITY hereby agrees to engage RVCOG and RVCOG hereby agrees to perform the services hereinafter set forth. B. SCOPE OF SERVICES RVCOG shall do, perform, and carry out in a legal and proper manner, as reasonably determined by CITY, the services requested by 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 September 1, 2007 and terminate on June 30, 2008 unless otherwise terminated or extended pursuant to Section D 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 c~anges -1- 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 with or without cause by giving thirty (30) days notice in writing and delivered in person or by certified mail to the other party. 3. If any contemplated funding from federal, state, or other sources is not obtained or continued at levels sufficient to allow for full performance herein, this Agreement may be modified or terminated to accommodate such reduction in funds. Such termination shall be without prejudice to any claims, obligations, or liabilities either party may have incurred prior to such termination. E. PAYMENTS 1. RVCOG will invoice CITY on a monthly basis. CITY shall reimburse RVCOG within 30 days of receipt of invoice. 2. CITY will reimburse RVCOG for expenditures incurred on a monthly basis as requested after receipt of dated and signed requests for payment and upon receipt of required forms documenting work accomplished. 3. Maximum payment to RVCOG under this agreement shall be $5,000. F. RESPONSIBILITIES CITY shall administratively assist RVCOG in accomplishing the tasks identified under Scope of Services by making the payments identified in Section E. above; maintaining regular communication with RVCOG; helping to resolve differences that may arise between the PARTIES; and providing background information and technical support as necessary to accomplish any task assigned. G. INDEMNIFICATION 1. Subject to the limitations and conditions ofthe Oregon Tort Claims Act, ORS 30.260- 300, the Oregon Constitution, Article XI, Section 7 and the terms of any applicable policies of insurance, the parties agree to save, hold harmless and indemnify each other, including their officers, agents and employees, from any loss, damage, injury, claim, or demand by a third party against either party to this agreement arising from the activities ofthe 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, except as otherwise expressly set forth herein. 2. RVCOG shall comply with all applicable laws, ordinances and codes of the federal, -2- state and local governments in its performance under this Agreement. 3. 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 RVCOG performs the work without assistance of any employees, it need not obtain such coverage. H. INDEPENDENT CONTRACTOR RVCOG is an independent contractor under this Agreement, and neither RVCOG, its subcontractors, nor its employees, are employees of CITY. RVCOG is responsible for all federal, state and local taxes and fees applicable to payments for services of its employees under this agreement. I. ASSIGNMENT AND SUBCONTRACTS RVCOG shall not assign this contract or subcontract any portion ofthe work without the prior written consent of CITY, whose consent shall not be unreasonably withheld. Any attempted assignment or subcontract without CITY's written consent shall be void. RVCOG shall be fully responsible for the acts or omissions or any of the assigns or subcontractors and of all persons employed by them. The approval by CITY of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and CITY. J. LIMITATIONS This agreement in no way restricts RVCOG or CITY from participating in similar agreements with other public or private agencies, organizations, or individuals with regard to any aspect of this agreement, so long as the same do not unreasonably interfere with each parties' performance herein. K. CONFIDENTIALITY - NON-DISCLOSURE Subject to the Oregon Public Records Law, ORS 192.410-192.505, no report, information, or other data given to or prepared or assembled by the RVCOG pursuant to this Agreement which the CITY has requested be kept confidential, shall be made available to any individual or organization by RVCOG without the prior written approval of CITY. L. REPORTS AND RECORDS All work produced by RVCOG while working for the CITY shall be the exclusive property ofthe CITY provided that RVCOG may obtain a copy of any public record information by -3- paying for the reproduction costs thereof. IN WITNESS WHEREOF, RVCOG AND CITY 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 ~ VV'\ Michael Cavallaro .... Executive Director, RVCOG Date 4 / 7 oS Date -4- ----- --- ------",-, - ROGUE VALLEY lti COUNCIL or;;;" <{ I;;' N iii I '" f i Scope of Work for Assistance to the City of Ashland Phase II Stormwater Implementation - Public Education and Outreach, Public Involvement and Participation Presented to City of Ashland on August 10, 2007 for September 1, 2007 - June 30, 2008 RVCOG will work with the City of Ashland to implement the public education/outreach and public involvement and participation activities necessary to meet the permit obligations of the NPDES Stormwater Phase II Stormwater Management Plan for the City of Ashland. This program is being coordinated with similar programs for the City of Medford, Rogue Valley Sewer Services (RVS) and the RVS communities (Talent, Phoenix, Central Point and Jackson County). Estimated costs for budgeting purposes are calculated at an average of $65 per hour, which includes miscellaneous expenses such as indirect costs, supplies and mileage. Actual costs will be billed as incurred. Task Hours Required Cost Task I: Education and Outreach Strategy Implementation 10 hours $650 . RVCOG will build and maintain existing relationships between Ashland's Phase II municipal stormwater program and school districts and private schools in Ashland. RVCOG will look for opportunities to integrate stormwater education into existing water quality related education projects and programs. RVCOG will work with the City and other regional stormwater partners to host a Bear Creek Watershed Tour for school teachers on October 12th, and will incorporate stormwater components into the tour. . RVCOG will coordinate with the existing water quality and environmental education groups in the area including the Bear Creek Watershed Education Partners (BCWEP), other schoolteachers and science/natural history curriculum directors, the Bear Creek Watershed Council, North Mountain Park Nature Center, ScienceWorks, OSU Extension, and other educational groups. Educational resources and curricula will be adapted and developed as needed from information sources such as Science Works, Healthy Waters Institute, Water Sourcebook, EarthForce, Regional Environmental Education Forum, and others. I . RVCOG will monitor the effectiveness ofthe Outreach Strategy, and will record milestones achieved for inclusion in the Annual Report to DEQ. Task 2: Stormwater Brochures and Displays 20 hours $1,300 . RVCOG will update the general stormwater brochure as requested by the City of Ashland. The brochure includes hotline telephone numbers for spills and water quality complaints in the Ashland area. . RVCOG will develop specific brochures for other target groups and areas of concern including pet waste disposal, track out, illicit discharges, dumping, landscaping practices, etc. RVCOG will continue to print and supply existing targeted brochures on erosion prevention and sediment control, and pollution prevention associated with concrete construction practices and painting. . Record the number and type of brochures delivered to the City of Ashland. . RVCOG will update the stormwater poster boards and other educational and interactive materials, and set up and staff the displays at educational events. Printing costs = $320 Task 3: Work with Volunteers on Stormwater 10 hours $650 . Continue to develop and maintain program for volunteers to assist in improving stormwater quality in Ashland neighborhoods. This program will include: marking catch basins with stick-on disks, distribution of stormwater information, and presentations and staffing of stormwater displays at local public events. . RVCOG will contact volunteer groups to seek assistance with the above program. . RVCOG will assist volunteers and volunteer organizations that actively contact RVCOG or the City of Ashland. Task 4: Develop Speakers Bureau and Vendor Displays 10 hours $650 . R VCOG will develop a list of presenters from the City of Ashland to provide stormwater presentations to the public and other interested and affected groups such as the construction industry and environmental/conservation organizations. . Coordinate presentations by others, including agency personnel and stormwater experts. RVCOG will provide presentations to interested parties on stormwater issues. Records of presentations and number of attendees will be kept. Task 5: Stormwater Advisory Team (SWAT) 4 hours $260 . R VCOG will continue to be an active member of the SW A T and attend meetings. . Continue to review and provide comments on documents, presentations and programs developed by the SWAT. . Review external regulatory documents and other sources of stormwater information, and provide up to date stormwater information to the City. 2 Task 6: Public Review/Public Meetings 12 hours $780 . RVCOG will work with the City of Ashland to hold at least one public meeting and publish at least one public notice during the year. Task 7: Distribute News Release 6 hours $390 . At least one news release and story on Ashland's stormwater program will be distributed to local media this year. TOTAL COST = $5,000 3 r., CITY OF ASHLAND 20 E MAIN ST. ASHLAND, OR 97520 (541) 488-5300 erfV RECORDER I 4/20;:08 Page 1 / 1 PO;NUMSER 08250 I 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: Jim Olson Confirming? No ..... >..,,,,,..... ../>....;;. ..... . ..... . .... .. ......... Phase II Stormwater Public Involvement 5,000.00 & Public Education AQreement from September 1, 2007 to June 30, 2008 Exempt BeQinninQ date: September 1, 2007 Completion date: 06/30/2008 SUBTOTAL 5.000.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2028 TOTAL 5,000.00 ASHLAND, OR 97520 <; . ...~ ~JAAt~.,... AlTlcstlrt Al:~l..ltl.t'''l.Imbet ~tp~e;t.N !!Imb"-. I".' E 2 60 08 1 7 00 606601 5 000 00 ~~~~ Autho ed SignatUre VENDOR COPY CITY OF ASHLAND REQUISITION No. PW _ - FY 2008 Department PUBLIC WORKS Vendor Rogue Valley Council of Governments P.O. Box 3275 Central Point, OR 97502 Account No. 260.08.17.00.606600 % Date April 21, 2008 Requested Delivery Date ASAP Deliver To James Olson Via Pieter Smeenk (0 Note: Please allow approximately two(2) weeks for delivery on items IIOt generally caried in stored, and IJ>proximately two (2) months on priming jobs.) Item No. Quantity Unit Description Use ofPurchasin2 Office Only Unit Price Total Price PO No. 1 1 EACH Phase II Stormwater Public Involvement & Public $5,000.00 $5,000.00 Education Agreement from Sept. 1, 2007 to June 30, 2008. for Karl: BID /RFP / EXEMPT: EXEMPT Contract Start Date: 1-Sep-07 Contract Completion Date: 6/30/2008 Insurance on file: YES INO Project No: Job No. Unit No. I hereby certify tbat the above items are necessuy for the operation oftbis depaJtmenl and are budgeted !JJ~~~ Issued By Date Received By r~'