HomeMy WebLinkAbout2011-234 IGA - RVCOG - Storm Water Program 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 of local 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 permit renewal and reporting 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 July 1, 2011 and terminate on June 30, 2012
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
changes to the provisions of this agreement shall be reduced to writing and signed
by both PARTIES.
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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
LRVCOG 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 made on a time and
materials cost basis not to exceed $13,000.
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 of the Oregon Tort Claims Act, ORS
30.260-30.300, 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 of the other party in
connection with this Agreement. Neither party shall be liable for any loss,
damage, injury, claim, nor 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. 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 of the 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.
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 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
CITY OF AS LAND
Aut orized Signat6re Title Date
RVCOG /�
\IN.,V '� \ �F'ec- tMgL'7.i1LC•�T1J�
Authorized Signature Title Date
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ATTACHMENT
Scope of Work for Assistance to the City of Ashland
Phase 11 Stormwater—Public Education and Outreach, Public Involvement and
Participation, and TMDL Implementation .
Rogue Valley Council of Governments
July 1, 2011 —June 30, 2012
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, and will assist with the Total Maximum Daily Load (TMDL) Water
Quality Implementation Program reporting. This program is being coordinated with
similar programs for the other Bear Creek Valley Phase II permittees - City of Medford,
and Rogue Valley Sewer Services (RVS), which represents the RVS communities
(Talent, Phoenix, Central Point and Jackson County).
Estimated personnel costs for budgeting purposes are calculated at an average of$75 per
hour. Other actual costs, including supplies, mileage and sub-contract work will be billed
as incurred.
Task Cost
Public Education and Outreach Program
Task 1: Education and Outreach Strategy Implementation $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 coordinate with the existing water quality and environmental
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 from information
sources such as Science Works, Oregon Trout, Oregon Water Trust, Water
Sourcebook, EarthForce, Art for the Sky, Regional Environmental Education
Forum, and others.
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ATTACHMENT 1
• RVCOG will apply proven techniques to monitor the effectiveness of the
Outreach Strategy, and will provide information to the City of Ashland to assist
with recording milestones for the Annual Report.
Task 2: Stormwater Brochures, Videos and Displays $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 stormwater poster boards and other educational and
interactive materials, and set up and staff the displays at educational events.
• Develop targeted video or PSA on stormwater issues (1 video in current permit
year) in conjunction with other Bear Creek Phase 2 permittees.
Task 3: Work with Volunteers on Stormwater $650
• • Help the City develop program for volunteers to assist in improving
stormwater quality in their neighborhoods. This program will include: marking
catch basins with stencils or stick-on disks, distribution of stormwater
information, presentations and staffing of stormwater displays at local public
events.
• Contact volunteer groups to seek volunteers to assist with the above program.
• Assist volunteers and volunteer organizations that actively contact RVCOG or
the City of Ashland.
Task 4: Presentations and Displays $650
• RVCOG will update a list of events and forums where they will provide
stormwater presentations to the public, interested groups, the construction
industry and others.
• Coordinate presentations by others, including agency personnel and
stormwater 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 1: Stormwater Advisory Team (SWAT) $260
• RVCOG will continue to be an active member of the SWAT and attend meetings
on Ashland's behalf, and will provide the City with summaries of the meetings.
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ATTACHMENT
• Continue to review on documents, presentations and programs developed by the
SWAT.
• Review external regulatory documents and other souices of stormwater
information, and provide up-to-date stormwater information to the City.
Task 2: Public Review/Public Meetings $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 $390
At least one news release and story on Ashland's stormwater program will be distributed
to local media this year.
Task 4: Document Effectiveness of Program $320
• Will demonstrate the effectiveness of the City of Ashland's Phase 2 Program to
DEQ, including surveys before and after presentations and classes, etc. using
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.
SUBTOTAL $5,000
Stormwater Management Planning, Permit Application and Reporting
Task 1: Prepare Revised Stormwater Management Plan $1,550
• Working with other permittees (Medford, Rogue Valley Sewer Services) and City
of Ashland staff, RVCOG will prepare a revised Stormwater Management Plan
(SWMP). This plan will integrate with the other permittees' plans while
reflecting the unique nature of Ashland's stormwater management system.
Task 2: Prepare NPDES Phase I1 Permit Application $900
• RVCOG will prepare the necessary documents for the City to submit to DEQ for
renewal of the Phase lI Stormwater permit. The permit application is due July 31,
2011.
Task 3: TMDL Benchmark Document Preparation $1,350
• RVCOG will prepare a brief document to be submitted with the Phase.11 permit
application that summarizes the qualitative measures that the Bear Creek Valley
permittees, including the City of Ashland, will include in their stormwater
management programs to address TMDL benchmarks. This narrative description
will describe categories of BMPs to be employed by the permittees, as well as
show the pollutant reduction effectiveness of BMPs that will be used. The
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ATTACHMENT
narrative description will not quantify predicted pollutant load reductions.
RVCOG will document the ranges of pollutant removal effectiveness shown in
BMP effectiveness databases. Ashland will share the cost of this task equally
with the City of Central Point and the City of Medford.
Task 4: Annual Report Preparation $4,200
• RVCOG will prepare the Phase II Stormwater Annual Report, working with City
of Ashland staff, for submittal to DEQ by October 1, 2011.
SUBTOTAL $8,000
TOTAL COST $13,000
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CITY OF
ASHLAND
NOTICE OF TRANSMITTAL.
TO: Barbara Christensen DATE: September 21, 2011
City Recorder PROJECT: Storm Water Program
JOB NO.: NA
SUBJECT: IGA with RVCOG
THE FOLLOWING ITEMS ARE BEING SENT TO YOU:
1. Original signed agreement for the NPDES Phase II Public Education and Outreach
program for FY 2011-12.
ENCLOSED X
UNDER SEPARATE COVER
REMARKS: Please file this IGA with the IGA for the TMDL program which was sent to you
on September 12, 2011. RVCOG has been provided with copies of both IGA's.
COPIES TO: Pieter Smeenk
Department of Publi or
By: James H. Olson
Title: Engineering Se ce anager
PUBLIC WORKS Tel:541-488-5587
20 E.Main Street Fax:541-488-6006
Ashland,Oregon 97520 TTY: 800-735-2900
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ashland.or.us