Clean Water Services - Erosion Control Inspection INTERGOVERNMENTAL AGREEMENT FOR
EROSION CONTROL INSPECTION
THIS AGREEMENT dated Ldvbw 2015, is between CLEAN WATER SERVICES(District)and CITY
OF TIGARD(City).
RECITALS
1. ORS 190.003—190.110 encourages intergovernmental cooperation and authorizes local
governments to delegate to each other authority to perform their respective functions as
necessary.
2. To optimize City staff resources and implementation of the Erosion Control Inspection Program
(Program), City would like the District to administer the Program within City's jurisdiction and
District has agreed to do so.
3. District and City are parties to an Intergovernmental Agreement dated January 25,2005 as
amended on June 14, 2005, March 17,2006,July 1, 2008 and July 1, 2009 (collectively,
Operating IGA). To the extent the Operating IGA and this Agreement conflict regarding erosion
control inspection issues,this Agreement shall control.
AGREEMENT
A. SCOPE OF WORK
The Scope of Work is set forth in Exhibit A to this Agreement. The City Engineer and District's General
Manager or designee may modify Exhibit A by mutual agreement.
B. DISTRICT OBLIGATIONS
District agrees to:
1. Provide a monthly written summary of erosion control inspection work accomplished within the
City pursuant to this Agreement. The report will be delivered to the City no later than the 20`h
of each month showing performance for the preceding month.
2. Invoice the City through this Agreement for services performed. The invoiced amount will
include hourly personnel costs and expenses,as shown on Exhibit B to this Agreement. The
invoice will be delivered to the City no later than the 201h of each month. The City Engineer and
District's General Manager or designee may modify Exhibit B by mutual agreement prior to April
30`h for services performed in the upcoming fiscal year.
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C. CITY OBLIGATIONS
City agrees to:
1. Withhold approval of all "foundation" building inspections until receiving District's written
approval of the erosion control techniques being in place.
2. Cooperate with District in its enforcement efforts. This Agreement does not limit City's ability to
pursue enforcement actions independent of the District. In addition, City may continue
enforcement actions already underway as of the date of this Agreement.
3. Promptly inform District of any erosion control violations City becomes aware of.
4. Provide a list of active Erosion Control permits that have been issued as of the date of this
Agreement.
5. Reimburse the District,for work performed pursuant to this Agreement,within 30 days of
receipt of the invoice.
D. GENERAL TERMS
1. Laws and Regulations. City and District agree to abide by all applicable laws and regulations.
2. Term of this Agreement. This Agreement will take effect July 1, 2015 and will automatically
renew annually for a period of ten years. The Agreement may be terminated upon written
notice by either party prior to February 1 of any year with the termination being effective the
following July 1.
3. Amendment of Agreement. City and District may amend this Agreement from time to time, by
mutual written agreement.
4. Integration. This document constitutes the entire agreement between the parties on the
subject matter hereof and supersedes all prior or contemporaneous written or oral
understandings, representations or communications of every kind on the subject. No course of
dealing between the parties and no usage of trade shall be relevant to supplement any term
used in this Agreement. Acceptance or acquiescence in a course of performance rendered
under this Agreement shall not be relevant to determine the meaning of this Agreement and no
waiver by a party of any right under this Agreement shall prejudice the waiving party's exercise
of the right in the future.
5. Indemnification. Within the limits of the Oregon Tort Claims Act, codified at ORS 30.260
through 30.300, each of the parties shall indemnify and defend the other and their officers,
employees, agents,and representatives from and against all claims, demands, penalties, and
causes of action of any kind or character relating to or arising from this Agreement(including
the cost of defense thereof, including attorney fees) in favor of any person on account of
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personal injury,death,damage to property, or violation of law, which arises out of, or results
from,the negligent or other legally culpable acts or omissions of the indemnitor, its employees,
agents, contractors or representatives.
6. Resolution of Disputes. If any dispute out of this Agreement cannot be resolved by the project
managers from each party,the City Manager and District's General Manager will attempt to
resolve the issue. If the City Manager and District's General Manager are not able to resolve the
dispute,the parties will submit the matter to mediation,each party paying its own costs and
sharing equally in common costs. If the dispute is not resolved in mediation,the parties will
submit the matter to arbitration. The decision of the arbitrator shall be final, binding and
conclusive upon the parties and subject to appeal only as otherwise provided in Oregon law.
7. Interpretation of Agreement.
A. This Agreement shall not be construed for or against any party by reason of the authorship
or alleged authorship of any provision.
B. The paragraph headings contained in this Agreement are for ease of reference only and shall
not be used in construing or interpreting this Agreement.
8. Severability/Survival. If any of the provisions contained in this Agreement are held illegal,
invalid or unenforceable,the enforceability of the remaining provisions shall not be impaired.
9. Choice of Law/Venue. This Agreement and all rights,obligations and disputes arising out of the
Agreement shall be governed by Oregon law. All disputes and litigation arising out of this
Agreement shall be decided by the state courts in Oregon. Venue for all disputes and litigation
shall be in Washington County, Oregon.
CLEAN WATER SERVICES CITY OF TIGARD
By: By.
General Man g r City Manager
APPROVED AS TO FORM Attest:
IZ41 /`� v By:
District Counsel City Recorder
APPROVED AS TO FORM
By:
City Attorney
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EXHIBIT A
Scope of Work
I. District shall:
Assume primary responsibility for managing the Program as defined in District Resolution and
Order 07-20 Design and Construction Standards,as amended from time to time, and NPDES
stormwater permits relating to construction activities. This shall include timely inspection of
properties to determine compliance with erosion control rules and regulations, enforcement to
correct violations,and review of erosion plan revisions.
II. City shall:
Collect erosion control fees in accordance with the District's schedule of Rates and Charges or as
otherwise determined by the City,review the erosion control plans submitted with the
development or building proposal,issue erosion control permits,and promptly forward
approved plans and permits to the District.
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EXHIBIT B
The District will charge City the following personnel costs and expenses for work performed pursuant to
this Agreement:
Personnel Costs(per hour)
1. inspector staff(senior) $ $63.69
2. Inspector staff(associate) $ $43.13
3. Permit technician $ $36.28
4. Program manager $ $81.88
Expenses
1. Vehicle usage (per mile) $ $0.46
2. Other expenses at cost with prior approval of City
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