HomeMy WebLinkAbout2009-118 IGA - RVCOG
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INTERGOVERNMENTAL AGREEMENT
THIS AGREEMENT is made and entered into by and between the Rogue Valley
Council of Govemrnents, a voluntary intergovemrnental 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 govemrnents 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 irnplementation
of public education/outreach and public involvernent/participation activities for their
Stormwater Phase II Managernent 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 reimbursernent.
NOW THEREFORE, in consideration of the rnutual 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 rnanner, as
reasonably determined by CITY, the services requested by CITY and listed in
Attachrnent A, which is attached hereto, and by this reference incorporated herein.
C. TIME OF PERFORMANCE
This agreement shall take effect on September I, 2007 and terminate on June 30,
2009 unless otherwise terminated or extended pursuant to Section D of this
agreement.
D. AMENDMENTS AND TERMINATION
I. This document constitutes the entire agreement between the PARTIES and no
other agreernent exists between them, either stated or irnplied. Any
arnendments or changes to the provisions ofthis agreernent shall be reduced to
writing and signed by both PARTIES.
2. Either party rnay cancel this agreernent 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 conternplated funding frorn federal, state, or other sources is not
obtained or continued at levels sufficient to allow for full performance herein,
this Agreement rnay be modified or terminated to accommodate such'reduction
in funds.
Such termination shall be without prejudice to any claims, obligations, or
liabilities either party rnay have incurred prior to such termination.
E. PAYMENTS
I. 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 rnonthly basis
as requested after receipt of dated and signed requests for payment and upon
receipt of required fonns 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;
rnaintaining 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. fNDEMNIFICATION
I. Subject to the lirnitations and conditions of the Oregon Tort Claims Act, ORS
30.260300, the Oregon Constitution, Article XI, Section 7 and the terms of any
applicable policies of insurance, the parties agree to save, hold hannless and
indernnifY 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 agreernent arising from the activities of the 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, state and local governments in its performance under this Agreement.
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3. R VCOG, its subcontractors, if any, and all employees providing work, labor or
materials under this agreernent are subject ernployees under the Oregon
Workers' Cornpensation law and shall comply with ORS 656.017 which
requires thern to provide Workers' Cornpensation coverage for all their
employees. If R VCOG performs the work without assistance of any ernployees,
it need not obtain such coverage.
H. INDEPENDENT CONTRACTOR
RVCOG is an independent contractor under this Agreement, and neither
RVCOG, its subcontractors, nor its ernployees, are ernployees of CITY. RVCOG
is responsible for all federal, state and local taxes and fees applicable to
payments tor services of its ernployees under this agreement.
1. ASSIGNMENT AND SUBCONTRACTS
, R VCOG shall not assign this contract or subcontract any portion of the work
without the prior written consent of CITY, whose consent shall not be
unreasonably withheld. Any atternpted assignrnent 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 assignrnent 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
agreernents with other public or private agencies, organizations, or individuals
with regard to any aspect of this agreement, so long as the sarne 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 assernbled by the R VCOG
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 R VCOG while working tor the CITY shall be the exclusive
property of the CITY provided that RVCOG may obtain a copy of any public
record information by paying for the reproduction costs thereof.
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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
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Michael Cavallaro, Executive Diret:tor
ROf,'Ue Valley Council of Governrnents
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Scope of Work for Assistance to the City of Ashland
Phase II Stormwater Implementation -
Public Education and Outreach, Public Involvement and Participation
Rogue Valley Council of Governments
July 1, 2008 - June 30, 2009
RVCOG will work with the City of Ashland to irnplement the public education/outreach
and public involvernent and participation activities necessary to rneet the permit
obligations of the NPDES Stormwater Phase II Stonnwater Managernent Plan for the
City of Ashland. This program is being coordinated with similar prograrns for the City of
Medford, Rogue Valley Sewer Services (RVS) and the RVS cornmunities (Talent,
Phoenix, Central Point and Jackson County). Estimated personnel costs for budgeting
purposes are calculated at an average of $65 per hour. Other actual costs, including
supplies, mileage and sub-contract work will be billed as incurred.
Task
Hours Required
Cost
Public Education and Outreach Program
Task I: Education and Outreach Strategy Implementation 10 hours $650
. RVCOG will build and rnaintain existing relationships between Ashland's Phase
II rnunicipal stormwater prograrn and school districts and private schools in
Ashland. R VCOG will look for opportunities to integrate stormwater education
into existing water quality related education projects and pro6'Tams.
. RVCOG will coordinate with the existing water quality and environrnental
education groups in the area including the Bear Creek Watershed Education
Partners, other schoolteachers and science/natural history curriculum directors,
Bear Creek Watershed Council, North Mountain Nature Center, Jefferson Nature
Center, OSU Extension, and other educational groups. Educational resources,
activities and curricula will be adapted and developed as needed ITOrn information
sources such as Science Works, Oregon Trout, Oregon Water Trust, Water
Sourcebook, EarthForce, Art for the Sky, Regional Environmental Education
Forum, and others.
. RVCOG will develop and apply proven techniques to monitor the effectiveness of
the Outreach Strategy, and will assist the City of Ashland with developing the
report to DEQ recording milestones for the Annual Report.
Task 2: Storm water Brochures, Videos and Displays 20 hours $1,300
. RVCOG will update existing brochures as needed and develop specific brochures
for target groups and areas of concern as requested by the City of Ashland. The
brochures will include hotline telephone numbers for spills and water quality
complaints in the Ashland area.
. Provide brochures and flyers to the City of Ashland and other groups and
locations, e.g., libraries, as needed or requested.
. Keep records of brochures provided to the City of Ashland and others.
. RVCOG will update the storm water poster boards and other educational and
interactive rnaterials, and set up and staff the displays at educational events.
. Develop targeted videos on wet weather and dry weather issues (I video in
current permit year) in conjunction with other Bear Creek Phase 2 permittees.
Task 3: Work with Volunteers on Stormwater 10 hours $650
. Develop prograrn for volunteers to assist in improving storm water quality in their
neighborhoods. This prol,'Tam will include: rnarking catch basins with stencils or
stick-on disks, distribution of stormwater information, presentations and staffing
of stonnwater displays at local public events.
· Contact volunteer groups to seek volunteers to assist with the above prograrn.
. 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
· RVCOG will develop a list of events and potential presenters frorn Ashland to
provide stormwater presentations to the public, interested groups, the construction
industry and others.
. Coordinate presentations by others, including agency personnel and stonnwater
experts, and RVCOG will provide presentations to interested parties on
stormwater issues. Records of presentations will be kept, along with the number
of attendees.
Public Involvement and Participation Program
Task I: Stonnwater Advisory Team (SWAT) 4 hours $260
· RVCOG will continue to be an active rnernber of the SWAT and attend rneetings.
· Continue to review on docurnents, presentations and programs developed by the
SWAT.
. Review external regulatory documents and other sources Of storm water
information, and provide up-to-date stormwater infonnation to the City.
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Task 2: 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 3: Distribute News Release 6 hours $390
. At least one news release and story on Ashland's stormwater program will be
distributed to local rnedia this year.
Task 4: Develop Techniques to Gauge Effectiveness of Prograrn 5 hours $320
. Work with the other Phase 2 permittees and the City to develop a plan to
dernonstrate the effectiveness of the City of Ashland's Phase 2 Prograrn to DEQ,
including surveys before and after presentations and classes, etc. Use available
guidelines and techniques provided by DEQ, Clean Water Services (Washington
County, Oregon), California Stormwater Quality Association (CASQA), Oregon
Association of Clean Water Agencies and others.
TOTAL COST = $5,000
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