Tualatin Valley Water District - Willamette Water Supply Agency INTERGOVERNMENTAL AGREEMENT
This Agreement is entered into on V s J5 , 1998,
by and between WILLAMETTE WATER SUPPLY AGENCY.("WWSA"), an
Oregon municipal entity formed through an Intergovernmental Agreement under ORS
Ch. 190, and TUALATIN VALLEY WATER DISTRICT ("TVWD"),,an Oregon
special district formed under ORS Ch. 264.
1. Executive Director TVWD will provide to WWSA an employee, support staff,
materials and services as outlined in the"Scope of Services,"attached as Exhibit A.
For the initial contract term, the Executive Director services will be performed by
Kevin L. Hanway. TVWD retains the right to assign a different employee to perform
those services. As early as is practical.after making its decision,but not less than.two
weeks in advance of the change in assignments,TVWD shall give written notice to
WWSA of its intention to assign a different employee to the executive director
contract.
2. Scope of Services The services to be provided by the Executive Director and TVWD
under this Agreement are identified in Exhibit A. The Executive Director will
perform the services under this Agreement under the direction of the WWSA Board
of Directors or to a committee to which the Board has delegated this authority. The
Executive Director will be assigned by TVWD to perform WWSA Executive
Director services on an 80%time allocation basis.
3. Employee Status
(a) The Executive Director and support staff will be employees of TVWD. TVWD
Will pay to them all regular payments of salary, including employment taxes, and
all direct and indirect benefits described in TVWD's standard employee operating
guidelines and policies. TVWD retains the right to terminate the employee
performing the Executive Directors services, pursuant to the terms of the TVWD
Personnel Manual. TVWD will give WWSA advance notice of amendments to
any of the policies that affect the compensation and/or benefits of the employees
performing services under this Agreement.
(b) All WWSA members will share in the cost of defending the Executive Director
against any claims filed against him in the performance of this Agreement, and in
any settlements or awards arising from such claims,pursuant to Section 9.9 of the
Intergovernmental Cooperative Agreement creating the WWSA.
4. Termination
(a) This contract is for a one-year term beginning July 1, 1998, and ending June 30,
1999. The contract will be automatically renewed each year for an additional
one-year term unless WWSA notifies TVWD in writing by April 1 that WWSA
will not renew the contract for the following fiscal year.
(b) WWSA may terminate this contract upon.30 days written notice to TVWD (1) for
non-performance of the Scope of Services for this Agreement, or(2) following
receipt of written notice that TVWD will assign a different employee to perform
the services under this contract.
5. Contract Amount WWSA agrees to pay.TV ID$80,000, payable in 4 equal
quarterly installments,beginning July 1, 1998. Each year,not later than March 1,
TVWD shall notify WWSA of the proposed contract amount for the following year.
Extraordinary expenses (e.g., for out-of-state travel,and lodging, large printing or
postage projects)are not included'in this Agreement. They will be billed to WWSA
with an additional 10%fee for processing and'handling..
6. Notices Where this Agreement calls for written notice to be provided, it shall be
delivered by regular mail to the following persons:
To TVWD:
Tualatin Valley Water District
Attention: General Manager
P. O. Box 745
Beaverton, Oregon 97075
To WWSA:
Paul Hunt, Chair Executive Director
Willamette Water Supply Agency Willamette Water Supply Agency
c/o City Manager P. O. Box 745
13125 S.W. Hall Blvd. Beaverton, Oregon 97075
Tigard, Oregon 97223
IN WITNESS WHEREOF,the parties have executed this Agreement pursuant to
ordinances ouresolutions duly adopted.
WILLAMETTE WATER TUALATIN VALLEY
SUPPLY AGENCY WATER DISTRICT
By' --�_ By: /fes/m
Paul Hunt, Chair, sse Lowman, General Manager
Board of Directors
SCOPE OF SERVICES
WWSA EXECUTIVE DIRECTOR
Administration
Manage the day-to-day organizational needs of the agency, such as:
• Mail meeting notices and agenda packets in a timely manner
• Arrange for publication of meeting notices in a timely manner
• Make meeting room arrangements .
o Review and approve bills submitted to WWSA
• Coordinate with legal counsel and other consultants hired by WWSA
• Provide information to member agencies upon request
Public Information
1. Serve as the primary spokesman and media contact for WWSA and the potential
water treatment plant project. Develop an identity for WWSA among the media and
the public for WWSA as an independent entity. Respond to media requests for
information and interviews. Refer requests to WWSA member elected officials, staff
or consultants as appropriate.
2. Make presentations to community groups,business organizations, environmental
groups, etc., regarding Willamette River water quality issues,water treatment
capabilities, source water protection programs;the treatment plant project, and related
issues. Arrange for others to make the presentation where necessary or appropriate
(e.g., elected official, technical consultant,public.health official).
3. Manage the performance of the consultant under the public information contract to
assure that effective strategies and messages are developed and carried out. Review
and approve the consultant's recommendations for specific actions, development of
materials or messages to achieve the following goals:
• (of all WWSA members) for protecting the viability of the Willamette as a supply
source by improving the public's awareness of and perceptions of the river,of
treatment processes in general, and of its value as a water resource, and
• (of the project participants) for approval,financing and construction of the treatment
plant project.
Regulatory and Political Environment
Establish WWSA as the leader among regional water suppliers on issues relating
to the Willamette River. Issues of interest will include water supply-planning,river and
watershed health,water quality regulations, endangered species listings,and
environmental concerns.
Identify and monitor the activities and proposals of agencies and groups which
could affect the continuing viability of the,Willamette as a supply source. The primary
emphasis will be on monitoring these groups and not on personally attending all of the
meetings of these groups. The primary objective is for the executive director to advise
individual members of their need to attend meetings or take other action to protect their
interests. The executive director will have the authority to determine which meetings he
will attend. He will coordinate with the WWSA board and individual members to avoid
creating an excessive load of attendance at meetings on behalf of WWSA.
Among the groups to be monitored by the executive director are:
• Metro—Council, WRPAC,MPAC,MTAC, and its other committees.involved in
regulating for urban growth management, stormwater and flood management(Title
3), and habitat preservation
• Regional Water Consortium—Technical Committee, Source Water Protection
Stakeholders Advisory.Committee, etc
• Portland Water Bureau and Water Quality Advisory Committee
• Watershed Councils—Tualatin, Clackamas, Sandy,Little Sandy, etc.
• Willamette River Basin Task Force and Willamette Valley Livability Forum
• Water Resources Department—implementation of the Oregon Plan for fish species
recovery;municipal permit extension rules; water availability determinations
• Dept. of Environmental Quality—continuing research on river health and fish
deformities;TMDL establishment process.
• Corps of Engineers—reauthorization study of Willamette basin dams and storage.
• NMFS—potential endangered species listings, and state and federal responses to
those proposals. (A priority will be assuring that the"take"criteria established under
these listings will not prevent diversions for municipal supply by WWSA members.)
• Environmental groups, including, among others,Oregon Environmental Council,
Oregon Natural Resources Council, 1,000 Friends of Oregon,Audubon Society,
Oregon Trout,Northwest Steelheaders.
General
Perform other duties as necessary and appropriate, as directed by the WWSA Board.
Also included in the contract amount are the following:
• office space, furniture and equipment
• telephone and fax service
• office supplies
• reimbursement of the Executive Director's expenses for mileage,seminars, etc.
• secretarial support
• accounting support
ADDENDUM
To allow the WWSA Board to judge,how accurately it has forecast the types of
services to be provided under this contract,the Executive,Director will,,for the period
July 1 —October 31, 1998, maintain logs recording his hours and tasks,performed. By
December 31, 1998, WWSA will evaluate the,logs, analyze the types.-of services that
have been performed, and determine if the formula for allocating the costs of this contract
under the WWSA budget should'bexevised. Consideration will-be paid in particular to:
(a) the relative number of hours spent on tasks of general benefit to all WWSA members
versus tasks that more directly benefit the members participating in the planning for a
potential water treatment plant project;
(b) the value to WWSA in general of tasks performed.
1
Tuallat nValley
Water District 1850 SW 170th Ave.•P.O.Box 745•Beaverton,Oregon 97075.5031642-1511 •FAX:5031649-2733
August 5, 1998
Paul Hunt, Chair- ► l# AUG 06 1090 ;
Willamette Water Su l A enc '
pp Y. g Y
13125 S.W. Hall Blvd.
Tigard, Oregon 97223
Dear Paul:
At its last meeting, the WWSA board approved the selection of Kevin
Hanway as its executive director, serving under a contract between WWSA
and TVWD. The subcommittee appointed by the WWSA board to develop
the contract has reached agreement on the enclosed contract and scope of
duties. Also included with it is an addendum that provides for Kevin to keep
track of his hours and activities so the Boardcan review them to determine if
the budget accurately reflects the tasks he is performing.
Would you please sign both copies of this agreement, on behalf of
WWSA. One copy should be returned to my office and the other should be
delivered to Kathy Kaatz in Tigard's Public Works Department, who was
appointed as WWSA's Secretary.
Please call me or Kevin if there are any questions on this agreement.
Sincerely,
'4ieral
. Lowman Manager
cc: Kevin Hanway
WATER- not to be taken for granted