HomeMy WebLinkAbout2009-018 IGA - RVCOG
INTERAGENCY COOPERATIVE FUNDING AGREEMENT
FOR A BEAR CREEK WATERSHED
NON-POINT SOURCE POLLUTION (TMDL) SAMPLING PROJECT
June 15, 2008
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, 2008 and terminates on June 30, 2009. 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 RESPONSmILITIES
1. EachDMA 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 oavment should be received bv
RVCOG orior to AU2ust 31. 2008 unless other arran2ements are made orior 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 2008-2009 budget
for the TMDL Water Quality Monitoring Program
DMA 2008/09 2008/09 2008/09
Storm Drain Personnel/materials Total Cost
Ashland $1,463.63 $4,341.45 $5,805.08
Central Point $976.44 $3,605.00 $4,581.44
Jacksonville $976.44 $2,936.53 $3,912.97
Medford $1,951.85 $8,067.99 $10,019.84
Phoenix $976.44 $3,035.41 $4,011.85
Talent $976.44 $2,873.70 $3,850.14
Jackson County $0.00 $6,318.02 $6,318.02
Dept. of Agriculture $0.00 $1,000.00 $1,000.00
Dept. of Forestry $0.00 $0.00 $0.00
RVCOG $0.00 $5,000.00 $5,000.00
Totals $7,321.24 $37,178.10 $44,499.34
lCost based upon $488.22 per storm drain tested.
C. RVCOG RESPONSmILITIES
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.
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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.
· Roger Thorn, Utility Engineer, City of Medford, 411 West 8th St., Modular Building, 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, 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) If RVCOG 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
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books, documents, papers, and records of RVCOG which are directly pertinent to the specific contract for
the purpose of making audits, examinations, excerpts and transcripts.
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.. 2009 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, ifmade, 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.
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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, Griffm 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 of 3 times
and samples will be collected if effiuent is flowing from the site. The frrst 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.
ID. P~ETERSSAMPLED
1. The TMDL parameters sampled and tested include: Temperature, Conductivity, E. coli, pH, Turbidity,
Total Suspended Solids (TSS), Dissolved Oxygen, Ammonia}, 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 QAlQC 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 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 ofDEQ
pH - measured by pH meter.
Turbidity - using calibrated turbidity meter.
Total Suspended Solids - filter through 0.4 urn filter and determine filtrate weight after drying.
Dissolved Oxygen - measured by modified Winkler titration method.
Ammonia - phenate method with fmal concentration determined using spectrophotometer.
Phosphorous-modified ascorbic acid method with fmal 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.
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*
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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.
lSelected 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 epresentatives:
2/8/J1
Date'
(\~~/~
~~
Michael Cavallaro, Executive Director RVCOG
Date
CITY RECORDER
Page 1 / 1
CITY OF
ASHLAND
20 E MAIN ST.
ASHLAND, OR 97520
(541) 488-5300
2/20/2009
08814
VENDOR: 000506
RVCOG
ATTN: SUE CASAVAN
PO BOX 3275
CENTRAL POINT, OR 97502
FOB Point:
Terms: Net 10 days
Req. Del. Date:
Speciallnst:
SHIP TO: Ashland Public Works
(541) 488-5587
51 WINBURN WAY
ASHLAND,. OR 97520
Req. No.:
Dept.: PUBLIC WORKS
Contact: Mike FauQht
Confirming? No
THIS IS A REVISED PURCHASE ORDER
InteraQency aQreement with RVCOG for
NPDES storm water samplinQ.
5,805.08
InteraQency AQreement
Effective date: July 1,2008
Termination date: June .30.2009
BILL TO: Account Payable
20 EAST MAIN ST
541-552-2028
ASHLAND, OR 97520
SUBTOTAL
TAX
FREIGHT
TOTAL
5 805.08
0.00
0.00
5,805.08
5 805.08
VENDOR COpy
CITY OF
ASHLAND
REQUISITION
No. PW - FY 2008
Department PUBLIC WORKSIENG
Vendor RVCOG
155 North First Street/PO 3275
Central Point, OR 97502
Account No. 260.08.17.00.601400
Date January 7, 2009
Requested Delivery Date
Deliver To
Via
%
(* Note: Please allow approximately two(2) weeks for delivery on items not
generally caried 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.
Interagency agreement with RVCOG for NPDES
storm water sampling. $ 5,805.08
for Karl:
BID /RFP /EXEMPT: BID
Contract Start Date: I-Jul-08
Contract Completion Date: 6/30/2009
Insurance on fue: ~YES tNO
Project No:
~2
Unit No. I hereby certify that the above items are necessary for the operation
of this department and are budgeted
~9--\,_
Job No.
Department Head or Authorized Person
Issued By
Date Received By
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G:\pub-wrks\eng\dept-admin\Waters\Storm Water\RVCOG Stormwater NPDES req Jan 2009.xls
Memo
CITY OF
ASHLAND
Date:
From:
To:
Re:
January 14, 2009
James Olson 9'D
Mike Faught
APPROVAL OF INTERGOVERNMENTAL AGREEMENT WITH RVCOG
The two attached IGA's between RVCOG and the City require approval and a signature from
Martha Bennett. This IGA is approved annually by the Cities of Ashland, Medford, Phoenix,
Jacksonville, Talent and Central Point as well as Jackson County, the Oregon Department of
Agriculture and the Oregon State Department of Forestry. (DMAs)
Under the terms of the agreement, RVCOG administers and manages the implementation of a
water quality testing program which targets the identification of non-point source pollution
problems within the Bear Creek Watershed. This work is a requirement ofDEQ's TMDL
program.
Specifically, RVCOG samples storm drain effluent from three storm drain outfalls. Sampling is
performed twice a month during the summer season (April through October) and once a month
for the remainder of the year. Data collected from the samples include temperature, conductivity,
E. coli, pH, turbidity, total suspended solids (TSS), dissolved oxygen (DO), ammonia and total
phosphate. Reports are prepared and submitted to the DMA's, DEQ and RVCOG.
Historically this service has been funded through Account No. 260.08.17.00.606600 - Storm
Drain Medical and Laboratory Expenditures. This account is underfunded for this year and it has
been determined that this service should be funded from Account No. 260.08.17.00.601400:-
Storm Drain Technical Expenditures. This allocation is more in keeping with similar activities
funded from wastewater budgets. We will need to specifically identify this item in future budgets
as this is an ongoing activity.
Also attached for your signature is the requisition and pay~ent memo in support of this charge.
ENGINEERING DIVISION
20 E. Main Street
Ashland OR 97520
W'INI.ashland.or. us
Tel: 541/488-5347
Fax: 541/488-6006
TTY: 8OOn35-29OO
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G:\pub-wrks\eng\RVCOG\TMDL IGA forwtrquality testing memo to Faught 114 09.doc