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Clean Water Services - Responsiblity Matrix AMENDMENT OF INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF TIGARD AND CLEAN WATER SERVICES THIS AMENDMENT is made and entered into as of the doday of 2012, between the City of Tigard,a municipal corporation of the State of Oregon,hereinafter referred to as(City)and Clean Water Services,a municipal corporation and county service district, hereinafter referred to as the(District)and amends the parties' Intergovernmental Agreement dated January 25, 2005 as amended on June 14,2005,March 17,2006,July 1,2008 and July 1, 2009(collectively,Agreement). RECITALS 1. City and District entered into the Agreement for the operation of sanitary sewer and surface water facilities. 2. Under the Agreement,City elected to have District provide erosion control inspection for areas inside and outside the City's Assigned Service Responsibility Area. 3. City has requested to take over a portion of the erosion control inspection responsibility. 4. The parties now wish to amend the Agreement and beginning July 1, 2012 have the City provide and be responsible for erosion control inspection inside the City and both inside and outside the"Areas of Assigned Service Responsibility"as noted in the attached revised Appendix A,attached hereto. NOW,THEREFORE, it is agreed that the Agreement be amended as follows: 1. Modification of Division of Responsibilities Appendix A of the Agreement delineates responsibilities of District and City for the performance of specific functions regarding the operation and maintenance of the sanitary sewerage system and the storm and surface water systems. The parties hereby agree to replace Appendix A of the Agreement with Appendix A, attached hereto and incorporated herein,effective July 1, 2012. The attached Appendix A reflects that the City will provide and be responsible for erosion control inspection inside the City,inside the"Areas of Assigned Service Responsibility"and outside the"Areas of Assigned Service Responsibility". District will continue to provide erosion control inspection outside the City and inside its"Areas of Assigned Service Responsibility". Amendment to Intergovernmental Agreement for Operating Services Clean Water Services and City of Tigard Page 1 of 2 I 2. Effect of Amendment Except as amended herein,the Agreement shall remain in full force and effect. Pursuant to Section 3.B. of the Agreement,the parties hereby approve this Amendment. CLEAN WATER SERVICES CITY OF TIGARD, OREGON By a �� BY General Manager or ignee City Manager o ar Designee Attest: -7—f�a ae 4 e.;e4k4-1— APPROVED AS TO FORM &jT4,!�City Recorder c ttorney for District Ci Att Amendment to Intergovernmental Agreement for Operating Services Clean Water Services and City of Tigard Page 2 of 2 APPENDIX A V13 6/6/12 TIGARD DIVISION OF RESPONSIBILITIES EFFECTIVE JULY 1,2008 Inside City,and Outside City,and Inside City,and Effective Dates. Unless shown Inside"Areas of Inside"Areas of Outside"Areas of differently,activities are effective Assigned Service Assigned Service Assigned Service July 1,2008 and continue through Responsibility" Responsibility" Responsibility" the term of the agreement I. Sanitary Maintenance A. Local Program Lines under 24" Line Cleaning Cfty City District Manhole and lid maintenance and adjustment (excluding sealing) City District Root Cutting and Chemical Control city city District Maintenance TV inspection(See Engineering Section for new construction city District Vector Control city city District Surface Inspection,marking,self closing lids, of lines in stream corridors city City District Easement and Access Road Maintenance City city District Siphon maintenance where line leading to siphon is under 24" city city District Overflow and Complaint response, Investigation,and reporting city city District Emergency response City cAty District Utility Locates city city District Minor repairs including point repairs and individual laterals city city District B. District Wide Program Lines 24" and Larger All O&M on lines 24"and larger District District District Siphon maintenance where line leading to the siphon is 24"and larger District District District All Lines and All Areas Compilation of TV reports and system wide evaluation District District District Non-structural line sealing(pressure grouting) District District District Manhole rehabilitation(sealing) District District District Treatment Plant O&M District District District Pump Station O&M District District District Page 1 of 4-Appendix A Inside City,and Outside City,and Inside City,and 11. CIP (Service Charge Rate Inside"Areas of Inside"Areas of Outside"Areas of Assigned Service Assigned Service Assigned Service and SDC Funded) Responsibility" Responsibility" Responsibility" A. Local Program Lines Under 24" Repairs,replacements,reconstruction, rehabilitation,CIP construction and This row is effective July 1,2008 improvements city District city through June 30,2009*** This row Is effective July 1,2008 Repairs and rehabilitation to abate I&I City District city through June 30,2009*** Lines Under 12" Repairs,replacements,reconstruction, rehabilitation,CIP construction and This row is effective beginning July improvements(except projects for collection 1,2009 and continues through the system I&I abatement projects) city District city term of theagreement— B. District Wide Program Lines 24" and Larger Repairs,replacements,reconstruction, rehabilitation,CIP construction and This row is effective July 1,2008 improvements District* District* District* through June 30,2009*"* Lines 12" and Larger Repairs,replacements,reconstruction, This row is effective beginning July rehabilitation,CIP construction and 1,2009 and continues through the improvements District* District* District* term of theagreement.— All reement.***All Lines and All Areas Treatment Plant CIP District District District Pump Stattbn CIP District District District This row is effective beginning July Collection system repairs and rehabilitation to 1,2009 and continues through the abate I&I District* District* District* term of the agreement.*** Page 2 of 4-Appendix A Inside City,and Outside City,and Inside City,and Inside"Areas of Inside"Areas of Outside"Areas of Assigned Service Assigned Service Assigned Service M. SWM Maintenance Responsibility" Responsibility" Responsibility" A. Local Program Line Cleaning City CRY District Manhole maintenance and adjustment City CRY District Manhole repair and grouting City city District Root Cutting CRY city District TV inspection(except related to new construction) Cq city District Catch Basin cleaning city city District Water quality manhole cleaning city city District Local surface retention/detention facility maintenance city City District Fitter vault inspection and maintenance city city District Complaint response,investigation,and reporting City city District Storm and emergency response City city District Roadside ditches and piping system In City Roads city None city Street Sweeping city District Placement of sweeper,catch basin and other material from storm system structures into drop boxes or other designated locations (excluding leaves) CRY City District Maintenance of public streams/creeks/open channels City city District Proactive leaf management program including leaf collection,hauling,processing and disposal City City District Hauling,processing and disposal of sweeper, catch basin and other material from storm system structures city city District Culvert maintenance under 36"in City Roads City City District Culvert maintenance 36"and larger and bridge maintenance in City Roads city None city Culvert maintenance under 36"in County Roads city city District Culvert maintenance 36"and larger and bridge maintenance in County Roads County County County Vector Control including mosquito treatment, beaver,nutria,rats and others that impact the storm system City city District Utility Locates City city District Repairs,replacements,reconstruction, rehabilitation,CIP construction and This row Is effective July 1,2008 improvements city District City through June 30,2009'*** B. District Wide Program Regional surface treatment or control facilities where the treatment area is 1 acre or larger District District District Roadside ditches and piping system District through District through District through maintenance in County Roads County funding County funding County funding Compilation of TV reports and system-wide evaluation District District District Page 3 of 4-Appendix A P iENGINEERING, Inside City,and Outside City,and Inside City,and INSPECTION, AND SUPPORT inside"Areas of Inside"Areas of Outside"Areas of Assigned Service Assigned Service Assigned Service ELEMENTS Responsibility" Responsibility" Responsibility" A. Local Program Maintaining local GIS information city District City Maintaining locals stem mapping city District City Maintaining Engineering records of systems city District City MMIS City city District Service Provider Letter Pre-screening District District District Service Provider Letters Issuance District District District Development Process(development review, Ian review,land use) city District city Sanitary Sewer connection permit issuance city District city SWM connection permit issuance City District city Erosion control permit issuance city District city 1200C Permit City District City Inspection of developer projects and new construction City District City This row Is effective July 1,2012 and continues through the term of Erosion control inspection City District City theagreement. Post construction TV1 city District city 1- ear warranty TV city District city Fat,Oil and Grease Program ally District Cit Preparing and revising local sanitary sewer masterplans City District city Preparing and revising local SWM masts tans City District city Formation and Administration of LID's city District City Cross connection investigation and response City City District Inspection of Private Facilities piny District City Fbdure Counting City District City Billing and collection of monthly service charges city District city Response to customer billing inquiries pay District city B. District Wide Program Industrial Waste Program District District District Maintain system-wide GIS and mapping District District District Preparing and maintaining system-wide storm and sanitary masts laps District District District Public information,newsletters,etc.,for SWM and Sanitary programs— District District District Flow Monitoring District District District Sanitary sewer connection permit issuance authorization District District District SWM connection permit issuance authorization District District District Notes 1. Where"District""is shown,this does not preclude a City funding a project with its own source of funds and also does not limit the ability for District and City to agree as to who actually performs the work. 2. —"Public Information"is the overall ad and public information campaigns(TV,radio,brochures,etc.)and does not include the activities related to local projects and local maintenance which are a part of those activities —Scheduled to be finalized and ming bodies by December 31,2008,to reflect local and District Wide funding. —Scheduled to be reviewed with changes adopted by governingbodies during fiscal year 2009. Page 4 of 4-Appendix A CleanWater Services Our commitment is clear. August 18, 2009 Dennis Koellermeier Public Works Director City of Tigard 8777 SW Burnham Tigard, OR 97223 RE: Appendix A and Amendment to Intergovernmental Agreement between City of Tigard and Clean Water Services Dear Mr. Koellermeier: Enclosed is a fully executed copy of the subject Appendix A and Amendment to the Intergovernmental Agreement (IGA) between the City and District. Thanks are due to your City staff and you for completing these documents to allow implementation on July 1, 2009. 1 look forward to completion of the remaining elements of the Service Delivery Study during this fiscal year. Sincerel Robert C. z Deputy ral Manager Enclosure 2550 SW Hillsboro Highway• Hillsboro, Oregon 97123 Phone: (503) 681-3600• Fax: (503)681-3603 •www.CleanWaterServices.org AMENDMENT TO CITY AGREEMENT The City of Tigard (City) and Clean Water Services (District) have entered into an Intergovernmental Agreement dated January 25, 2005. Section 3.13. of that agreement allows the parties to modify Appendix A of that Agreement (the Responsibility Matrix) with the approval,of the District's General Manager or Designee and the City Manager. The revised Appendix A is attached and will take effect July 1, 2009. Both parties hereby acknowledge amending Appendix A to change the effective date to July 1, 2009. Approved by both parties on , ��U� 92009. CLEAN ER SERVICES CITY OF TIGARD, OREGON Al�ByBy .;irA pp— Y J6�cG ✓v neral nag or esignee i y anager Approved as o orm: District Counsel City Attorney APPENDIX A. EFFECTIVE JULY 1,2009 jV4 Revised 6/16/09 ` TIGARD DIVISION OF RESPONSIBILITIES Inside City,and Outside City,and Inside City,and Inside"Areas of Inside"Areas of Outside"Areas of Assigned Service Assigned Service Assigned Service Responsibility" Responsibility" Responsibility" I. Sanitary Maintenance A. Local Program Lines under 24" Line Cleaning City City District Manhole and lid maintenance and adjustment (excluding sealing) City City District Root Cutting and Chemical Control City City District Maintenance TV inspection(See Engineering Section for new construction TV) City City .District Vector Control City City District Surface Inspection,marking,self closing lids, of.lines in stream corridors City City District Easement and Access Road Maintenance City City District Siphon.maintenance where line leading to siphon is under 24" City City District Overflow and Complaint response, investigation,and reporting City City District Emergency response City City District Utility Locates City City District Minor repairs including point repairs and individual laterals City City District B. District Wide Program Lines 24" and Larger All O&M on lines 24"and larger District District District Siphon maintenance where line leading to the siphon is 24"and larger District District District All Lines and All Areas Compilation of TV reports and system-wide evaluation District District District Non-structural line sealing(pressure grouting)l District District District Manhole rehabilitation(sealing)l District District District Treatment Plant O&M District District District Pump Station O&M District District District. II. Sanitary CIP (Service Charge Rate and SDC Inside City,and Outside City,and Inside City,and Inside"Areas of Inside"Areas:of Outside"Areas of Funded) --See.Attachment 1 for Assigned Service Assigned Service Assigned Service detailed responsiblility Responsibility" Responsibility" Responsibility" A. Local Program Lines 12" and Under Repairs,replacements,reconstruction, rehabilitation,CIP construction and improvements(except projects for Conveyance system I&I abatement projects). Project Management to be determined by the. City,with the exception of the middle column City District City B. District Wide Program Lines Larger than 12" and under 24" Repairs,replacements,reconstruction, rehabilitation,CIP construction and improvements exceptprojects for Conveyance system I&I abatement projects; Funding responsibility only;Project management-to be determined by the City, with the exception of the,middle column District' District' District' Lines 24" and Larger Repairs,replacements,reconstruction, rehabilitation,CIP construction and improvements District District District All Other Facilities (Project Management to be determined by District) Treatment Plant CIP District District District Pump Station CIP District District District C. I&I Repairs and Rehabilitaion Conveyance system repairs and rehabilitation to abate I&I;Funding responsibility only; Project management to be;determined.by the City and District City and District City with the exception of the middle column 50/50 Funding* District Funding* 50/50 Funding* Inside City,and Outside City,and Inside City,an Inside"Areas of Inside"Areas of Outside"Areas of Assigned Service Assigned Service Assigned Service III. SWM Maintenance Responsibility' Responsibility" Responsibility" A. Local Program Line Cleaning city City District Manhole maintenance and adjustment city city District Manhole repair and grouting city city District Root Cutting city city District TV inspection(except related to new construction) city city District Catch Basin cleaning I city city District Water quality manhole cleaning Icity city District Local surface retention/detention facility maintenance city city District Filter vault inspection and maintenance city city District Complaint response,investigation,and reporting city city District Stone and emergency response city city District Roadside ditches and piping system in City Roads city None city Street Sweeping city city District Placement of catch basin and other material from storm system structures into drop boxes or other designated locations(excluding leaves) City city District Maintenance of public streams/creeks/open channels City city District Proactive leaf management program' including leaf collection,hauling,processing and disposal city city District Hauling,processing and disposal of sweeper material City City District Hauling,processing and disposal of catch basin and other material from storm system structures District District District Culvert maintenance under 36"in City Roads City city District Culvert maintenance 36"and larger and bridge maintenance in City Roads City None city Culvert maintenance under 36"in County Roads City City District Culvert maintenance 36"and larger and bridge maintenance in County Roads County County Count Vector Control including mosquito treatment, beaver,nutria,rats and others that impact the storm system city city District Utility Locates city City District Repairs,replacements,reconstruction, rehabilitation,CIP construction and improvements. Note: It is anticipated these responsibilities will change to more closely match the CIP shown under Sanitary beginning July 1,2009 City District city B. District Wide Program Regional surface treatment or control facilities where the treatment area is 1 acre or larger District District District Roadside ditches and piping system District through District through District through maintenance in County Roads County funding County funding County funding Compilation of TV reports and system-wide evaluation District District District IV. ENGINEERING, Inside City,and Outside City,and Inside City,and INSPECTION, AND SUPPORT Inside"Areas of Inside"Areas of Outside"Areas of Assigned Service Assigned Service Assigned Service ELEMENTS Responsibility" Responsibility" Responsibility" A. Local Program Maintaining local GIS information CiDistrict city Maintaining local system mapping city District city Maintaining Engineering records of systems city District city MMIS City City District Service Provider Letter Pre-screening District District District _ Service Provider Letters Issuance District District District Development Process(development review, plan review,land use) city District Cit Sanitary Sewer connection permit issuance city District City SWM connection permit issuance city District city Erosion control permit issuance city District city 1200C Permit city District City Inspection of developer projects and new construction City District City Erosion control inspection District District District Post construction N city District Cit 1-year warranty TV City District City Fat,Oil and Grease Program District District District Preparing and revising local sanitary sewer masterplans city District city _ Preparing and revising local SWM masterplans city District city Formation and Administration of LID's City District City Cross connection investigation and response city city District Inspection of Private Facilities city District City Fixture Counting city District city Billing and collection of monthly service charges city District city Response to customer billing inquiries City District city B. District Wide Program Industrial Waste Program District District District Maintaining system-wide GIS and mapping District District District Preparing and maintaining system-wide storm and sanitary masterplans District District District Public information,newsletters,etc.,for SWM and Sanitary programs" District District District Flow Monitoring District District District Sanitary sewer connection permit issuance authorization District District District SWM connection permit issuance authorization District District District Preparation of five-day letter District District District Notes 1. Where"District-is shown,this does not prLeclude a City funding a project with its own source of funds and also does not limit the ability for District and City to agree as to who actually performs the work. 2. ""Public Information"is the overall ad and public information campaigns(TV,radio,brochures,etc.)and does not include the activities related to local projects and local maintenance which are a part of those activities zoos UPDATE TO THE CONTRACT 1� CleanWater Services Our commitment is clear. August 25, 2008 Craig Prosser City Manager City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Re: Amendment to Intergovernmental Agreement between City of Tigard and Clean Water Services Dear Mr. Prosser: Enclosed is a fully executed copy of the subject Amendment to the Intergovernmental Agreement (IGA) between the City and District, which was approved by our respective governing bodies in June of 2008. For future ease and reference, this amendment will be fully incorporated into a revised IGA and sent to you upon its completion. Additionally, an executed copy of the Amendment to the City Agreement, specifically Appendix A (the Responsibility Matrix), is enclosed for your records. Hearty thanks are due to your City staff and you for completing these documents to allow implementation on July 1, 2008, the target date set last year. It represented an aggressive schedule and yet we made it! I look forward to completion of the remaining elements of the Service Delivery Study during this fiscal year. Sii�-ere , �11Obert . C z Depu eneral Manager Enclosure 2550 SW Hillsboro Highway• Hillsboro, Oregon 97123 Phone: (503)681-3600• Fax: (503)681-3603 •www.CleanWaterServices.org Division of Responsibilities - Appendix A Amendment To the Intergovernmental Agreement Between the City of Tigard and Clean Water Services The City of Tigard and Clean Water Services hereby agree to amend Appendix A - Division of Responsibilities of their intergovernmental agreement (IGA) dated January 25, 2005. The existing Appendix A has an end date of June 30, 2008 and is hereby replaced with the amended Appendix A which takes effect on July 1, 2008. Per section 3.13.1 of the IGA, this change can be made with approval of the Tigard City Manager or designee and the CWS District Manager or designee. A copy of Appendix A is attached. Approved this L5+ _ day of ) 2008. CLEAN ERS CES CITY OF TItRDWASHI G N U OREGON TIGARD, O By: By: TDA G er anager City Managy APPROVED AS)O FORM ►' G ERAL C UN EL CLEAN WATER SERVICES APPENDIX A 1 JV12b 4114108 TIGARD DIVISION OF RESPONSIBILITIES EFFECTIVE JULY 1,2008 Inside City,and Outside City,and Inside City,and Effective Dates. Unless shown Inside"Areas of Inside"Areas of Outside"Areas of differently,activities are effective Assigned Service Assigned Service Assigned Service July 1,2008 and continue through Responsibility" Responsibility" Responsibility" the term of the agreement I. Sanitary Maintenance A. Local Program Lines under 24" Line Cleaningl City I City District Manhole and lid maintenance and adjustment (excluding sealing) City City District Root Cutting and Chemical Control City City District Maintenance TV inspection(See Engineering Section for new construction TV) City City District Vector Control City City District Surface Inspection,marking,self closing lids, of lines in stream corridors City City District Easement and Access Road Maintenance City City District Siphon maintenance where line leading to siphon is under 24" City City District Overflow and Complaint response, investigation,and repottingl City City District Emergency response City I City District Utility Locates City City District Minor repairs including point repairs and individual laterals City City District I B. District Wide Program Lines 24" and Larger All O&M on lines 24"and larger District District District Siphon maintenance where line leading to the siphon is 24"and larger District District District All Lines and All Areas Compilation of TV reports and system-wide evaluation District District District Non-structural line sealing(pressure grouting) District District District Manhole rehabilitation(sealing) District I District District Treatment Plant O&MI District District District Pump Station O&MI District I District I District I I I ns a i y,an I Outside-City,an nsi a City,an II. CIP (Service Charge Rate Inside"Areas of Inside"Areas of outside"Areas of Assigned Service Assigned service Assigned Service and SDC Funded) Responsibility" Responsibility" Responsibility" A. Local Program Lines Under 24" Repairs,replacements,reconstruction, rehabilitation,CIP construction and This row Is effective July 1,2008 Improvements City District City through June 30,2009"' This row is effective July 1,2008 Repairs and rehabilitation to abate I&I City District City through June 30,2009"' Lines Under 12" Repairs,replacements,reconstruction, rehabilitation,CIP construction and This row is effective beginning July improvements(except projects for Collection 1,2009 and continues through the system I&I abatement projects) city District City term of the agreement.— t' I I B. District Wide Program Lines 24" and Larger Repairs,replacements,reconstruction, rehabilitation,CIP construction and This row Is effective July 1,2008 improvements District' District' District' through June 30,2009* Lines 12" and Larger Repairs,replacements,reconstruction, This row is effective beginning July rehabilitation,CIP construction and 1,2009 and continues through the improvements DistrictDistrict' District' term of the agreement."' All Lines and All Areas Treatment Plant CIP District District District Pump Station CIP District District District This row is effective beginning July Collection system repairs and rehabilitation to 1,2009 and continues through the abate I&I District' District' District' term of the agreement."' Inside City,and Outside City,'and ns i e i y,an Inside"Areas of Inside"Areas of Outside"Areas of Assigned Service- Assigned Service Assigned Service M. SWM Maintenance Responsibility" Responsibility" Responsibility" A. Local Program Line Cleaning City City District Manhole maintenance and adjustment City City District Manhole'repair and grouting City, City District' Root.Cutting City City District TV inspection(except related to new construction) City City District Catch Basin cleaningl City City District Water quality manhole cleaning) City I City District Local surface retention/detention facility maintenancel City City District Filter vault inspection and maintenance City City District Complaint response,investigation,and reporting City City District Storm and.emergency response City City District Roadside ditches and'piping syslem.imCity Roads City None I City Street Sweeping City City District Placement of sweeper,catch basin and other material from storm system structures into drop boxes or other designated locations (excluding leaves) City Cit District Maintenance of public screams/creeks/open channels City l Cit ( District Proactive leaf management program including leaf collection,hauling,processing and disposal City City District Hauling,processing and disposal of sweeper, catch basin and other material from storm system structures City City District Culvert maintenance under 36"in City Roads City City District Culvert maintenance 36"and larger andl bridge maintenance in City Roadsj, City None City _ Culvert maintenance under 36"in County Roadsi City City District Culvert maintenance,36"and larger'and' bridge maintenance in County;Roads County County County Vector Control including mosquito treatment, beaver,nutria,rats and others that impact the storm system City City District Utility Locates City City District Repairs,replacements,reconstruction, rehabilitation,CIP construction and This row is effective July.1,2008 improvements City District City through June 30,2008`"' B. District Wide Program Regional surface treatment or control facilities where the treatment area is 1 acre or larger District District District Roadside ditches and piping system District through District;through District through maintenance in County'Roadsl County funding County.funding County funding Compilation of TV reports and system-wide evaluation District District District i IV. ENGINEERING, Inside City,and Outside City,and Inside City,and INSPECTION, AND SUPPORT Inside"Areas of Inside"Areas of Outside"Areas of Assigned Service Assigned Service Assigned Service ELEMENTS Responsibility" Responsibility" Responsibility" A. Local Program Maintaining local GIS informationj City District Cit Maintaining local system mappingl City I District City Maintaining Engineering records of systemsi City I District Cit MMISI City City District Service Provider Letter Pre-screening District District District Service Provider Letters Issuance District District District Development Process(development review, plan review,land use) City District City Sanitary Sewer connection permit issuances City District Cit SWM connection permit issuance City District Cit Erosion control permit issuancel city District City 1200C Permitl City I District City Inspection of developer projects and new constructioni City District City Erosion control inspection District District District Post construction TVI City District city 1-year warranty TVI City I District I City Fat,Oil and Grease Program) City I District City Preparing and revising local sanitary sewer masterplans City District City Preparing and revising local SWM masterplans City District City Formation and Administration of LID'sl City District City Cross connection investigation and responsel City City District Inspection of Private Facilities City District City Fixture Countingi City District City Billing and collection of monthly service) charges City District Cit Response to customer billing inquiriesl City District City B. District Wide Program Industrial Waste Programs District District District Maintaining system-wide GIS and mapping_ District ( District I District Preparing and maintaining system-wide storm and sanitary masterplans District District District Public information,newsletters,etc.,for SWM and Sanitary programs"I District District District Flow Monitoringi District District District Sanitary sewer connection permit issuance authorizationj District District District _ SWM connection permit issuance authorizationj District District District I � I Notes 1. Where"District"'is shown,this does not preclude a City funding a project with its own source of funds and also does not limit the ability for District and City to agree as to who actually performs the work. 2 "'Public Information"is the overall ad and public information campaigns(TV,radio,brochures,etc.)and does not include the activities related to local projects and local maintenance which are a part of those activities —Scheduled to be finalized and adopted by governing bodies by December 31,2008,to reflect local and District Wide funding. ""Scheduled to be reviewed with changes adopted by governingbodies during fiscal year 2009. _ AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF TIGARD AND CLEAN WATER SERVICES T 1S AMENDMENT is made and entered into as of the 3 day of 2008, between the City of Tigard, a municipal corpora` n of# State of Oregon, hereinafter referred to as "City," and Clean Water Services, a municipal corporation and county service district, hereinafter referred to as the "District." WHEREAS City and District entered into an Intergovernmental agreement (IGA) on January 25, 2005 for the operation of sanitary sewer and surface water facilities; and WHEREAS Section 7 of that IGA allows the agreement to be amended upon approval of the governing bodies of both parties; and WHEREAS that IGA is now in need of amendment. NOW, THEREFORE, it is agreed that the IGA be amended as follows: 1. In the recitals, Revise the second "Whereas" statement to read: WHEREAS as a county service district organized under ORS 451, the District has legal authority for the sanitary sewerage and storm water(surface water) management programs within its boundaries consistent with relevant laws, rules and agreements. The District performs watershed, sub-basin and facility planning, develops standards and work programs, is the permit holder, and operates and maintains wastewater treatment facilities, the public sanitary sewer conveyance systems, and the public surface water collections systems within its boundaries; and" 2. In Section 1, Definitions, add the following new definitions; number them alphabetically, and renumber the existing definitions: A. Local Program—The elements of the work program that are available for the City to perform. B. District Wide Program—The elements of the work program that are perfortned exclusively by the District in all areas within the District's boundary. C. Roadside Facilities include all of the following stormwater facilities within road rights of way: 1. Roadside Ditches and Swales are man-made ditches on one or both sides of roadways, within the road right-of-way and generally intended for the collection and conveyance of storm and surface water runoff from the road. Amendment to Intergovernmental Agreement for Operating Services Clean Water Services and City of Tigard Page I of 9 2. Driveway Culverts are short pipes passing under driveways connecting two sections of roadside ditch. �. Roadside Ditch Cross Piping is the piping system connecting a roadside ditch or roadside piping system on one side of the road to a roadside ditch or roadside piping system on the other side of the road, and being at the grade of the roadside ditches or piping systems. 4. Roadside PipinaS Systems are shallow pipes and inlets on one or both sides of a road, which are generally at a similar grade as typical roadside ditches, and generally lack manholes. 3. Revise Section 2 to read: "Section 2. Determination of Programs, Rules, Policies and Standards The District.as the Permit holder is responsible for the management and operation of the public sanitary sewer and.the public storm and surface water systems within its boundaries. The City shares certain responsibilities for the operation and maintenance of the public sanitary sewer and the public storm and surface water systems within the City limits. The District is the designated permittee who shall obtain and enforce timely compliance with relevant federal and delegated state Clean Water Act permits for treatment plants, collection systems, and stonnwater. The District, in cooperation with the,cities from time to time may adopt orders, standards, specifications, work programs, reporting requirements, and performance criteria for the proper and effective operation of the sanitary sewer and storm and surface water systems and to meet or comply with state and federal pennits, laws and regulations. The District, when it adopts orders, standards, specifications, work programs reporting requirements, and performance criteria shall give prior notice to the City of all proceedings wherein District Board shall consider such adoption. The District shall adopt such orders, standards, work programs, reporting requirements, and performance criteria only after the Board has addressed and considered the City's concerns, if any. Any such changes to work programs, reporting requirements, and performance standards that the Board determines are necessary to meet or are required by state and/or federal permits or regulations shall not be effective prior to 90 days from the date of adoption by District's Board or as otherwise mutually agreed to by the City and the District. The effective date of any changes to work programs, reporting requirements, and performance criteria'not required by state and/or federal permits and regulations, shall be mutually agreed to by the District and City prior to consideration by the District's Board. The District agrees that whenever practical it shall communicate proposed changes not required by state and/or federal permits and regulations in or before September of the year prior to the proposed adoption so as to allow the District and the City to budget appropriately for the following fiscal year. A. City agrees to follow and enforce the Orders, Standards, specifications, work programs, reporting requirements, and performance criteria promulgated by the District, subject, Amendment to Intergovernmental Agreement for Operating Services Clean Water Services and City of Tigard Page 2 of 9 however, to the extent that City may be lawfully authorized to act. Tile City-shall n-of'be responsible for any failure to act or defect in performance caused by inadequacies in the Work Program and Performance Standards as adopted by the District or lack of lawful authority to act. Compliance with the Work Program and Performance Standards as adopted by the District shall be absolute defenses to any claim against the City under this Agreement. City further agrees to noti fy District of apparent violations of the subject Orders, Standards, specifications, work programs, and performance criteria, of which it has knowledge, which may require District legal action or enforcement. 4. Revise Section 3.A.1 to read: The purpose of this agreement is to delegate to and contract with the City to perform specific portions of the Local Program. The-responsibilities of the District and City are defined in this Section and Appendix A. Exhibit A is a map showing areas of service responsibilities for the District and the City and is hereby made a part of Appendix A and incorporated into this agreement. 5. Revise Section 3.B.2 to read: Responsibilities defined in this Section and Appendix A may be modified by the District Board provided that the change is necessary to meet or comply with state or federal permits, laws or regulations. The District Board shall not reduce the total scope of City responsibilities without consent of the City unless: a. The Board, after notice to the City and a public hearing, establishes that the City has failed to correct identified instances of non-perfonnance related to the adopted standards that are necessary to comply with state or federal permits, laws or regulations, and the District Board may adopt procedures regarding determination of nonperformance; or, b. The Board decides that there is no practical alternative to.a mid-fiscal year change in the rates and funding levels as provided for in Section 4.D of this agreement and changes the scope of City responsibility to reflect those different rates and funding levels. 6. Revise Section 3.B.3 to read: Upon reasonable notice from City to District, District shall assume responsibility for any portion of the Local Program defined in this Section and Appendix A. Reasonable notice shall be at least 6 months, unless agreed to in writing by the District and City. Corresponding adjustments to the revenue allocation shall be made to reflect the change in responsibility upon implementation of such changes. City shall be responsible for correcting or paying to have corrected an), deficiencies in the system resulting from non-performance of the programs under its responsibility. For any Local Program activity the City previously elected to be performed by the District, the City may at any time request that activity be transferred back to being a City responsibility by following the procedures in Section 3.B.] above. The District shall approve the request unless the District determined the City can not provide a reasonably equivalent level of overall efficiency. Tile date of the transfer of Amendment to Intergovernmental Agreement for Operating Services Clean Water Services and City offigard Page 3 of 9 responsibility shall be as mutually agreed to, or in no case longer than one year from-the date of the request. 7. Revise Section 3.C.2 to read: The City will require persons who are proposing development, as defined in the District's Design and Construction Standards Resolution and Order, to obtain a Service Provider Letter from the District. At anytime during the life of this agreement, the City may choose to issue such Service Provider Letters. City shall not issue a stormwater connection permit without verification that the District has issued a Service Provider Letter. 8. Revise Section 3.C.6 to read: City will inform the District in writing not less than 30 daysprior'to,initiating or entering into any agreement for the financing or incurring of indebtedness relating to the storm and surface water system or the sanitary sewerage system. Revenues defined in Section 4 of this agreement for the performance of functions identified in Appendix A are considered restricted, and may only be used to perform those functions (including reasonable administration and security for bonds) delegated to the City for such things as operation and maintenance of the sanitary or storm and surface water system. City shall not obligate any assets or facilities of the District's sanitary or storm and surface water system for any debt. In general, sanitary sewer lines 24" and over and parallel sanitary lines to a common downstream connection with hydraulic capacity equivalent to a 24" line are the property of the District regardless of location, as are sanitary treatment plants and pump stations. 9. Revise Section 4 to read: Section 4. Determination of Monthly Service Charge Rates and.System Development Charges; Operating Procedures and Rules Relating to Revenue and Reporting A. Setting of Rates and Charges 1. After consultation between City and District staff, the District Board shall determine and certify for the Storm and Sanitary Sewer programs: a. District Wide System Development Charges that apply in all areas within the District boundary. b. Local System Development Charges that apply to areas outside of the City Limits. c. District Wide Monthly Service Charge Rates that apply in all areas within the District boundary. d. Monthly Service Charge Rates for the Local Program that apply to the areas outside the City limits. e. Funding levels for elements of the Local Program performed by the District within the City's Area of Geographic Responsibility. Amendment to Intergovernmental Agreement for Operating Services Clean Water Services and City of Tigard Page 4 of 9 c. The portion of the revenue from fees and the Local Monthly Se vice Charge. rate for the elements of the Local Program performed by the District Within the City Limits and within the City's Area of Geographic Responsibility. d. The portion of the revenue from fees and the Local Monthly Service Charge rate for the elements of the Local Program performed by the District within the City Lit-nits but outside the City's Area of Geographic Responsibility. e. Funds for performance of elements of the work program by the District within the City Limits but outside the City's Area of Geographic Responsibility where the City has identified a higher level of service than in the adopted District standards. D. Determination by the District of the items in Section 4.A..1 will typically be made as a part of the annual Fiscal Year budget process. However,these.rates and funding levels may be adjusted by the District to recognize changes that occur outside the normal budget cycle after coordination and communication with the Cities. Any such mid-year changes initiated by the District Board shall only be implemented when the Board determines such a change is necessary to comply with State or Federal permits, laws or regulations, or that are due to changes in responsibility. E. Operating Procedures Relating to Revenue I. Payments shall be remitted on a monthly basis, with a report on District designated forms. 2. Payments of revenue collected by the billing party shall be due within 20 days following the end of each month, unless the payment has been appealed by the billing party. 3. City may charge and collect a Local Monthly Service Charge or System Development Charge at a higher rate per DUE and ESU than that set by the District when the City determines it is needed for the Local Program elements performed by the City. Such additional charge shall be consistent with the services provided by City and with applicable federal rules in order to preserve eligibility for grants and other funding programs. 4. For Industrial Waste fees, District shall remit to City 5 percent of system development charges, and 15 percent of the volume, and monthly service charges collected within the City's Area of Responsibility. District shall retain one hundred percent (100%) of the annual Industrial Waste permit fee, and any penalty fees, COD, SS (as those tenns are defined in the Rates and Charges) and other fees related to Industrial Waste that may be assessed. 5. City will institute administrative procedures to diligently maintain regular billings and collection of fees, adjust complaints thereto, and pursue delinquency follow-ups and take reasonable steps for collection thereof. Amendment to Intergovernmental Agreement for Operating Services Clean Water Services and City of Tigard Page 6 of 9 f. Funding levels for elements of the Local Program performed,by the,District within the City Limits but Outside of the City's Area of Geographic Responsibility. g. Funding levels for elements of the Local Program performed by the City outside of the City Limits but inside the City's Area of Geographic Responsibility. h. Funding levels for elements of the Local Program performed by the District within the City Limits but outside of the City's Area of Geographic Responsibility where the City identifies a higher level of service than in the District's adopted standards. i. Elements within items "e" through "h" of this subsection may be expressed in terms of monthly service charge rates or rates per unit of facility. 2. The City shall set for the Storm and Sanitary Sewer programs: a. Local System Development Charges that apply to areas inside the City Limits. b. Monthly Service Charge Rates for the Local Program that apply to the areas inside the City Limits. B. Collection of Rates and Charges as set in Section A above 1. The District shall collect for both the Stonn and Sanitary Sewer programs: a. System Development Charges in areas where the District issues connection permits. b. Local and District Wide Monthly Service Charges in areas where the District provides the billing function. 2. The City shall collect for both the Storm and Sanitary Sewer programs: a. Local and.District Wide System Development Charges in areas where the City issues connection permits. b. The Monthly Service Charges for the District Wide Rate and the Local Rate in areas where the City provides the billing function. C. Transfer and Remittance of Funds 1. The District shall transfer to the City the portion of the Storm and Sanitary Sewer revenue from the Local Rate collected for the elements of the Local Program performed by the City in areas that are inside the City's Area of Geographic Responsibility, but where the District does the billing. 2. The City shall transfer to the District for the Storm and Sanitary Sewer Programs: a. Revenue from the District Wide System Development Charges collected by the City. b. Revenue from the District Wide Monthly Service Charge Rate collected by the City. J Amendment to Intergovernmental Agreement for Operating Services Clean Water Services and City of Tigard Page 5 of 9 6. City and District shall each establish separate accounts for the storm and surface water program and sanitary sewerage program for the purpose of accoutifing for service charges and systems development charges collected and received pursuant to this agreement. 7. District or City may at any reasonable time upon reasonable notice inspect and audit the books and records of the other with respect to matters within the purview of this Agreement. 8. City and District shall each prepare and submit to each other a performance report of the storm and surface water functions, and the sanitary sewer functions for which each is responsible. After consultation with the City, District will specify the requirements, frequency, and content of the performance report. 9. The City and District may, each at its own cost, install permanent and temporary volume and quality monitoring stations, and other monitoring equipment, to determine the effectiveness of City and District programs. 10. Interest shall accrue on late monthly payments as specified in Section 4.CL-4 at a rate of 1.25 times the monthly Local Government Investment Pool (LGIP) earnings rate as posted for the previous month, and will be applied each month to the unpaid balance. 11. The City and District will form a CIP Review Committee along with representatives from other Cities within the District's boundary for the purpose of recommending the prioritization and funding of sanitary sewer and Stormwater collection system projects. Board will adopt the CIP funding and project selection only after holding a public hearing to allow the Cities to provide additional input to the Board. 10. Revise Section 5.G to read: District and City acknowledge that District may receive notices of violation or fines from state or federal agencies for violations of state or federal rules, As the permittee and the entity that establishes standards and controls payment, District shall be responsible for responding to notices of violations and for payment of all fines. District shall invite the City to participate in any discussions with State and Federal agencies regarding notices of violation involving City actions or responsibility. City will cooperate with District in the investigation and response to any notice of violation involving actions relating to actions or responsibilities of the City. If a.fine is imposed, City shall reimburse District to the extent that the fine results from non-performance of adopted programs or non-compliance with District, State, or Federal rules or policies by the City and those acting on behalf of'the City. If possible, the City shall reimburse the District prior to the date due for payment of the fine. If more than one party is responsible, the City's responsibility for reimbursement payment will be allocated based on the degree of responsibility and degree of fault of the City. Disputes over the amount of reimbursement shall be resolved by the dispute resolution process set out in Section 6 of this Agreement. Amendment to Intergovernmental Agreement for Operating Services Clean Water Services and City of Tigard Page 7 of 9 1 1. Revise Section 7 to read: This Agreement shall supersede all prior agreements of similar scope and subject matter, including amendments and the "City Committee Agreement" between the parties with respect to sanitary sewerage and service, storm and surface water management; provided that, except as expressly modified herein,all rights, liabilities, and obligations of such prior agreements shall continue. This agreement shall be effective upon its execution by both parties hereto, and unless terminated earlier, shall end at the end of the day on June 30, 2027. 2. This agreement may be terminated when either party gives:the other written notice per the dates in the table below of its intent not to renew this agreement, and the agreement shall then terminate on June 30 of the following calendar year. Termination effective Notice given on or at the end of the day prior to June 30 of on June 30 of 2009 2010 2010 2011 2011 2012 2016 2017 2021 2022 3. The notice of termination may be withdrawn at any time prior to the termination date with written approval of the City's Chief Executive Officer and District General Manager. 4. If the District enters into an intergovernmental agreement with any other city in its territory covering the same subject as this Agreement and if any of the provisions of the other agreement differ from this Agreement, the City may elect to replace any provision of this Agreement with the parallel provision from the other agreement, with the exception of Appendix A and Exhibit A. The replacement shall be effective on receipt by District of written notice from the City. This Agreement may not otherwise be modified except by written amendment or as otherwise specified in this Agreement. Amendment to Intergovernmental Agreement for Operating Services Clean Water Services and City 6FTigard Page 8 of 9 IN WITNESS WHEREOF._ this instrument has been execated in duplicate by aiuth6rtty,(if law'fiut _ actions by the Council and District's Board of Directors. CLEAN WATER SERVICES CITY OF TIGARD, OREGON OF WASHIl>G-TON COUNTY, OREGON By By f9, e a1 Manaber Ma or Attes Approved as to Form: City ecorder ttorney for istrict j)ityy Attorney Amendment to Intergovernmental Agreement for Operating Services Clean Water Services and City of Tigard Page 9 of 9 d" V�� Attachment 1 C> AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF TIGARD AND CLEAN WATER SERVICES THIS AMENDMENT is made and entered into as of the day of 2008,between the City of Tigard, a municipal corporation of the State of Oregon,hereinafter referred to as"City," and Clean Water Services, a municipal corporation and county service district, hereinafter referred to as the "District." WHEREAS City and District entered into an Intergovernmental agreement(IGA) on January 25, 2005 for the operation of sanitary sewer and surface water facilities; and WHEREAS Section 7 of that IGA allows the agreement to be amended upon approval of the governing bodies of both parties; and WHEREAS that IGA is now in need of amendment. NOW, THEREFORE, it is agreed that the IGA be amended as follows: 1. In the recitals,Revise the second"Whereas" statement to read: WHEREAS as a county service district organized under ORS 451,the District has legal authority for the sanitary sewerage and storm water(surface water) management programs within its boundaries consistent with relevant laws,rules and agreements. The District is the '`PDfi aA1at,,....r-.,. 449 ,, n,.-_..it held ,performs watershed, sub-basin and facility planning,develops standards and work programs, is the permit holder, and operates and maintains wastewater treatment facilities, the public sanitary sewer conveyance systems,. and the public surface water collections systems within its boundaries; and" 2. In Section 1,Definitions, add the following new definitions,number them alphabetically,and renumber the existing definitions: A. Local Prop and—The elements of the work program that are available for the City to perform. B. District Wide Program—The elements of the work program that are performed exclusively by the District in all areas within the District's boundary. C. Roadside Facilities include all of the following stormwater facilities within road rights of way: 1. Roadside Ditches and Swales are man-made ditches on one or both sides of roadways,within the road right-of-way and generally intended for the collection and conveyance of storm and surface water runoff from the road. Amendment to Intergovernmental Agreement for Operating Seniices Clean Water Services and City of Tigard Page 1 of 10 2. Driveway Culverts are short pipes passing under driveways connecting two sections of roadside ditch. 3. roadside Ditch Cross Piping is the piping system connecting a roadside ditch or roadside piping system on one side of the road to a roadside ditch or roadside piping system on the other side of the road,and being at the grade of the roadside ditches or piping systems. 4. Roadside Piping Systems are shallow pipes and inlets on one or both sides of a road, which are generally at a similar grade as typical roadside ditches, and generally lack manholes. 3. Revise Section 2 to read: "Section 2. Determination of Programs Rules Policies and Standards The District as the Permit holder is responsible for the management and operation of the huhhc sanitary sewer and the public storm and surface water systems within its boundaries. The City shares certain responsibilities for the operation and maintenance of the lml,14 sanitary sewer and the huhliC storm and surface water systems within the City limits. The District is the designated pennittee who shall obtain and enforce timely compliance with relevant federal and delegated state Clean Water Act permits for treatment plants, collection systems,and stonmwater. The District, in cooperation with the cities from time to time may adopt orders,standards, specifications,work programs, repx)rting rcquir�nicnt,. and performance criteria for the proper and effective operation of the sanitary sewer and storm and surface water systems and to int; t i,i comply with state and federal permits, laws and regulations. The District,when it adopts orders,standards, specifications,work programs i i, .;t i teyuir�ntcntti. and performance criteria shall give prior notice to the City of all proceedings wherein District Board shall consider such adoption. The District shall adopt such orders, standards,work programs. i i2poiting rcquHctnrrtt�.and performance criteria only after the Board has addressed and considered the City's concerns, if any. Any such changes to work programs, reporting requirements, and performance standards that the Board determines are necessary to meet or are required by state and/or federal permits or regulations shall not be effective prior to 90 days from the date of adoption by District's Board or as otherwise mutually agreed to by the City and the District. The effective date of any changes to work programs,reporting requirements. and performance criteria not required by state and/or federal permits and regulations, shall be mutually agreed to by the District and City prior to consideration by the District's Board. The District agrees that whenever practical it shall communicate proposed changes not required by state and/or federal permits and regulations in or before September of the year prior to the proposed adoption so as to allow the District and the City to budget appropriately for the following fiscal year. A. City agrees to follow and enforce the Orders, Standards,specifications, work programs, reporting requirements, and performance criteria promulgated by the District,subject, Amendment to Intergovernmental Agreement for Operating Services Clean Water Services and City of Tigard Page 2 of 10 however, to the extent that City may be lawfully authorized to act. The City shall not be responsible for any failure to act or defect in perforniance caused by , inadequacies in the Work Program and Performance Standards as adopted by the District,or lack of lawful authority to act. r aeli ofcd_loate Compliance with the Work Program and Performance Standards as adopted by the District shall be absolute defenses to any claim against the City under this Agreement. City further agrees to notify District of apparent violations of the subject Orders, Standards,specifications, work programs, and performance criteria, of which it has knowledge,which may require District legal action or enforcement. 4. Revise Section 3.A.1 to read: The purpose of this agreement is to delegate to and contract with the City to perform specific portions of the 1.oval Program. delineate r-espeasibilities&r-the per-fefmaiiee e.fspeeifie €metiers. The responsibilities of the District and City are defined in this Section and Appendix A. Exhibit A is a map showing areas of service responsibilities for the District and the City and is hereby made a part of Appendix A and incorporated into this agreement. 5. Revise Section 3.B.2 to read: Responsibilities defined in this Section and Appendix A may be modified by the District Board provided that the change is necessary to rnic et ui comply with state or federal permits, laws or regulations. The District Board shall not reduce the total scope of City responsibilities without consent of the City unless: a. The Board, after notice to the City and a public hearing,establishes that the City has failed to correct identified instances of non-performance related to the adopted standards that are necessary to comply with state or federal permits, laws or regulations,and the District Board may adopt procedures regarding determination of nonperformance;or, b. The Board decides that there is no practical alternative to a avid-fiscal year change in the rates and funding le,,els alle,aiie., e frevenue between 4he Disc:e•a„a,.�a C-74y, as provided for in Section 4.D of this agreement and changes the scope of City responsibility to reflect those different rates and funding levels fhat diff retit alleeatio• o rye . 6. Revise Section 3.B.3 to read: Upon reasonable notice from City to District, District shall assume responsibility for any portion of the Local Program defined in this Section and Appendix A. Reasonable notice shall be at least 6 months,unless agreed to in writing by the District and City. Corresponding adjustments to the revenue allocation shall be made to reflect the change in responsibility upon implementation of such changes. City shall be responsible for correcting or paying to have corrected any deficiencies in the system resulting from non-performance of the programs under its responsibility, . For any Local Program activity the City previously elected to be performed by the District,the City Amendment to Intergovernmental Agreement for Operating Services Clean Water Services and City of Tigard Page 3 of 10 e may at any time request that activity be transferred back to being a City responsibility by following the procedures in Section 3.13.1 above. The District shall approve the request unless the District determined the City can not provide a reasonably equivalent level of overall efficiency. The date of the transfer of responsibility shall be as mutually agreed to, or in no case longer than one year from the date of the request. 7. Revise Section 3.C.2 to read: The City will require persons who are proposing development, as defined in the District's Design and Construction Standards Resolution and Order,to obtain a Service Provider Letter from the District. At anytime during the life of this agreement,the City may choose to issue such Service Provider Letters. City shall not issue a stonnwater cunnectiun hermit Nk ithuut cc►iticat Ion that the District has issued a Service Provider Letter. 8. Revise Section 3.C.6 to read: City will inform the District in writing not less than 30 days prior to initiating or entering into any agreement for the financing or incurring of indebtedness relating to the storm and surface water system or the sanitary sewerage system. Revenues ttr 41ie t--+y de l i n cA III Section 4 of this agreement for the performance of functions identified in Appendix A are considered restricted, and may only be used to perform those functions(including reasonable administration and security for bonds)delegated to the City for such things as operation and maintenance of the sanitary or storm and surface water system. City shall not obligate any assets or facilities of the District's sanitary or storm and surface water system for any debt. In general, sanitary sewer lines 24" and over and parallel sanitary lines to a common downstream connection with hydraulic capacity equivalent to a 24" line are the property of the District regardless of location, as are sanitary treatment plants and pump stations. 9. Revise Section 4 to read: Section 4. Determination of Monthly Service Char,-,e Rates and System 1)e�•ct nirtrt Chances: ;Operating Procedures and Rules Relating to Revenue and Relwrtin ar+d g . 13--A4"tt ,the DistFiet Board shall detefmine and emif�,annually for-both thesiankeff rsewefage system aiid feF the sten"-atid sysiem gFeement and (4 the Gib,'s share of amival debt sev'408 Payment. &4eept8Spr-ON- eciij Seefiti a.P, Pistfic-tSlia1 .,,,.i6l C� h� P .9 1— llepiein,. . Amendment to Intergovernmental Agreement for Operating Services Clean Water Services and City of Tigard Page 4 of 10 ethef pmpesed ehmges the;c-euld affeet the City's 5 II-eff Sanitary Sewer-er 2094 with the , €ellem4RS e*eeptieas. 1, The Board may make Feutine pr-ineipal sad iffler-est adjustments fer-debt sefviee Fepayment. deer-eases in pr-egmfn respensibilitie A. Setting of Rates and Charges 1. After consultation between City and District staff,the District Board shall determine and certify for the Storm and Sanitary Sewer programs: a. District Wide System Development Charges that apply in all areas within the District boundary. b. Local System Development Charges that apply to areas outside of the City Limits. c. District Wide Monthly Service Charge Rates that apply in all areas within the District boundary. d. Monthly Service Charge Rates for the Local Program that apply to the areas outside the City limits. e. Funding levels for elements of the Local Program performed by the District within the City's Area of Geographic Responsibility. f. Funding levels for elements of the Local Program performed by the District within the City Limits but outside of the City's Area of Geographic Responsibility. g. Funding levels for elements of the Local Program performed by the City outside of the City Limits but inside the City's Area of Geographic Responsibility. h. Funding levels for elements of the Local Program performed by the District within the City Limits but outside of the City's Area of Geographic Responsibility where the City identifies a higher level of service than in the District's adopted standards. i. Elements within items"e"through"h"of this subsection may be expressed in terms of monthly service charge rafes or rates per unit of facility. 2. The City shall set for the Storm and Sanitary Sewer programs: a. Local System Development Charges that apply to areas inside the City Limits. Amendment to Intergovernmental Agreement for Operating Services Clean Water Services and City of Tigard Page 5 of 10 b. Monthly Service Charge Rates for the Local Program that apply to the areas inside the City Limits. B. Collection of Rates and Charges as set in Section A above I. The District shall collect for both the Storm and Sanitary Sewer programs: a. System Development Charges in areas where the District issues connection permits. b. Local and District Wide Monthly Service Charges in areas where the District provides the billing function. 2. The City shall collect for both the Storm and Sanitary Sewer programs: a. Local and District Wide System Development Charges in areas where the City issues connection permits. b. The Monthly Service Charges for the District Wide Rate and the Local Rate in areas where the City provides the billing function. C. Transfer and Remittance of Funds 1. The District shall transfer to the City the portion of the Storm and Sanitary Sewer revenue from the Local Rate collected for the elements of the Local Program performed by the City in areas that are inside the City's Area of Geographic Responsibility,but where the District does the billing. 2. The City shall transfer to the District for the Storm and Sanitary Sewer Programs: a. Revenue from the District Wide System Development Charges collected by the City. b. Revenue from the District Wide Monthly Service Charge Rate collected by the City. c. The portion of the revenue from fees and the Local Monthly Service Charge rate for the elements of the Local Program performed by the District within the City Limits and within the City's Area of Geographic Responsibility. d. The portion of the revenue from fees and the Local Monthly Service Charge rate for the elements of the Local Program performed by the District within the City Limits but outside the City's Area of Geographic Responsibility. e. Funds for performance of elements of the work program by the District within the City Limits but outside the City's Area of Geographic Responsibility where the City has identified a higher level of service than in the adopted District standards. D. . -&--2 will typieelly be made as a pao of the annual Fiseal Year-biadget pr-eeess. HaweveF,the initiated by the Disir-iet Board shall only be implemented vviien the BeaM deter- i Amendment to Intergovernmental Agreement for Operating Services Clean Water Services and City of Tigard Page 6 of 10 !here is signifieant,the Pistr-ipt BeaF4 may,upea 60 days netiee te City, adjust the divifi-�-fl.A-f. implemem . Determination by the District of the items in Section 4.A.1 will typically be made as a part of the annual Fiscal Year budget process. However,these rates and funding levels may be adjusted by the District to recognize changes that occur outside the normal budget cycle after coordination and communication with the Cities. Any such mid-year changes initiated by the District Board shall only be implemented when the Board determines such a change is necessary to comply with State or Federal permits, laws or regulations, or that are due to changes in responsibility. E. Operating Procedures Relating to Revenue h„ ,a aii4Sy Lein-a-develepment eh a olleeted less♦he 04y DeAi n,- 4 identified if e'aeetion 1.B. 1. Payments shall be remitted on a monthly basis,with a report on District designated forms. 2. Payments m',. c of revenue collected by the billing party shall be due within 20 days following the end of each month,unless the payment has been appealed by the billing party. 3. City may charge and collect a Lug al \l0Mhly Service Charge or System Development Charge at a higher rate per DUE and ESU than that set by the District when the City determines it is needed for the I ocal Program cicmcnis pL:i formed by the C 11y. System�i 41441flie t'ky-limit 5. l h-e f;t„ ;.1,,11 �,. %_o f tie w ttE t� ti(�l ii l i4 'S elleetedSuch additional charge shall be consistent with the services provided by City and with applicable federal rules in order to preserve eligibility for grants and other funding programs. sewer-fac-ilities, aiid feF City shall femit to the Pi .fiet ,h fee e+ sef}ice pet=feiffled-fel;ative te;hese feef, as p eseribed by fl stfiet-Order-OF seer agfeement ,h C-4,,, 4. For Industrial Waste fees, District shall remit to City 5 percent a 1efeenia`-e of system development charges,and 15 percent of the volume,and monthly service charges collected within the City's Area of Responsibilit) Amendment to Intergovernmental Agreement for Operating Senlices Clean Water Services and City of Tigard Page 7 of 10 . District shall retain one hundred percent(100%)of the annual Industrial Waste permit fee,and any penalty fees, COD, SS (as those terms are defined in the Rates and Charges) and other fees related to Industrial Waste that may be assessed. City will institute administrative procedures to diligently maintain regular billings and collection of fees, adjust complaints thereto, and pursue delinquency follow-ups and take reasonable steps for collection thereof. c . City and District shall each establish separate accounts for the storm and surface water program and sanitary sewerage program for the purpose of accounting for service charges and systems development charges collected and received pursuant to this agreement. District or City may at any reasonable time upon reasonable notice inspect and audit the books and records of the other with respect to matters within the purview of this Agreement. �. City and District shall each prepare and submit to each other a performance report of the storm and surface water functions, and the sanitary sewer functions for which each is responsible. After consultation with the City,District will specify the requirements, frequency, and content of the performance report. The City and District may, each at its own cost, install permanent and temporary volume and quality monitoring stations, and other monitoring equipment,to determine the effectiveness of City and District programs. lo Interest shall accrue on late monthly payments as specified in Section 4.l 1 I at a rate of 1.25 tunes the monthly Local Government Investment Pool (LGIP) earnings rate as posted for the previous month, and will be applied each month to the unpaid balance. 11. The City and District will form a CIP Review Committee along with representatives from other Cities within the District's boundary for the purpose of recommending the prioritization and funding of sanitary sewer and Stormwater collection system projects. Board will adopt the CIP funding and project selection only after holding a public hearing to allow the Cities to provide additional input to the Board. 10. Revise Section 5.G to read: District and City acknowledge that District may receive notices of violation or fines from state or federal agencies for violations of state or federal rules. As the permittee and the entity that establishes standards and controls payment, District shall be responsible for responding to notices of violations and for payment of all fines. District shall invite the City to participate in any discussions with State and Federal agencies regarding notices of violation involving City actions or responsibility. City will cooperate with District in the investigation and response to any notice of violation involving actions relating to actions or Amendment to Intergovernmental Agreement for Operating Services Clean Water Services and City of Tigard Page 8 of 10 I responsibilities of the City. If a fine is imposed, City shall reimburse District to the extent that the fine results from non-performance of adopted programs or non-compliance with District, State,or Federal rules or policies by the City and those acting on behalf of the City. If possible,the City shall reimburse the District prior to the date due for payment of the fine. If more than one party is responsible, the City's responsibility for reimbursement payment will be allocated based on the degree of responsibility and degree of fault of the City. Disputes over the amount of reimbursement shall be resolved by the dispute resolution process set out in Section 6 of this Agreement-- , 4e , ;;'arca' 11. Revise Section 7 to read: 1, This Agreement shall supersede all prior agreements of similar scope and subject matter, including amendments and the"City Conunittee Agreement"between the parties with respect to sanitary sewerage and service, storm and surface water management;provided that, except as expressly modified herein,all rights, liabilities,and obligations of such prior agreements shall continue.This agreement shall be effective upon its execution by both parties hereto, and unless terminated earlier, shall end at the end of the day on June 30, 2027 . ef 23 iet This agreement may be terminated when either party gives the other written notice per the dates in the table below of its intent not to renew this agreement, and the agreement shall then terminate on June 30 of the following calendar year. Termination effective at Notice given on or prior the end of the day on to June 30 of June 30 of 2009 2010 2010 2011 2011 2012 2016 2017 2021 2022 3. The notice of termination may be withdrawn at any time prior to the termination date with written approval of the City's Chief Executive Officer and District General Manager. =1. If the District enters into an intergovernmental agreement with any other city in its territory covering the same subject as this Agreement and if any of the provisions of the other agreement differ from this Agreement, the City may elect to replace any provision Amendment to Intergovernmental Agreement for Operating Services Clean Water Services and City of Tigard Page 9 of 10 of this Agreement with the parallel provision from the other agreement, with the exception of Appendix A and Exhibit A. The replacement shall be effective on receipt by District of written notice from the City. This Agreement may not otherwise be modified except by written amendment or as otherwise specified in this Agreement. IN WITNESS WHEREOF, this instrument has been executed in duplicate by authority of lawful actions by the Council and District's Board of Directors. CLEAN WATER SERVICES CITY OF TIGARD, OREGON OF WASHINGTON COUNTY, OREGON By By General Manager Mayor Attest: Approved as to Form: City Recorder ! ?- Attorney for District ity Attorne Amendment to Intergovenunental Agreement for Operating Services Clean Water Services and City of Tigard Page 10 of 10 zoos UPDATE TO THE CONTRACT The City of Tigard and Clean Water.Services hereby agree to amend the Appendix A—Division of Responsibilities of their intergovernmental agreement (IGA) dated January 25, 2005 from the current end date of June 30, 2007 to June 30, 2008. The second.Appendix A effective July 1, 2007 is hereby removed. Per Section 3.B.1 of the IGA, this change can be made with approval of the City Manager of Tigard or designee and the District Manager or designee. A copy of the amended Appendix A is attached. Approved this day of C , 2007 CLEANW A ITR SERVICES CITY OF`TIGARD, OREGON OF;AASTY, OREGON By By f r City anager. 2006 UPDATE TO THE CONTRACT CleanWater Services Our commitment is clear. DATE: March 17, 2006 TO: Craig Prosser City Manage , ig rd FROM: Bob Cruz Deputy/ e an can Water Services SUBJECT: Revise Agreemen ate The District-City operating agreement adopted recently contains an Appendix A that is the Responsibility Matrix that defines the duties of each party. The Appendix is divided into two sections to cover the division of responsibilities that apply now, and the second portion to cover the future division. It was anticipated that the future division would go into effect following the adoption of a new method to divide revenue between the District and the City. Originally, the future division of responsibility was to go into effect July 1, 2005. Last year, we sent out a notice and revised that date to July 1, 2006. It is apparent that a new division of revenue methodology will not be adopted prior to July 1, 2006, and so it is necessary to push this date back once again, this time to July 1, 2007. We plan to aggressively work with your staff to address the division of revenue issue within the next six to eight months so that another extension will not be necessary next year. The operating agreement appears to allow the change in the date to be done without needing the approval of your City Council. Section 3.13.1 of the agreement states: "Responsibilities defined in this Section and Appendix A may be modified from time to time with approval in writing by the City Manager (or Mayor) or designee and the District General Manager or designee". Therefore, we request that you return a copy of this letter with your signature indicating that you approve the change in dates. We will return a fully executed copy for your records. The City and District hereby approve the change in effective date of Appendix A of our operating agreement, the Responsibility Matrix, to reflect an effective date of July 1, 2007. Specifically, the "future"responsibilities will be effective July 1, 2007, and the current responsibilities will be effective through June 30, 2007. Approved this ,I i day of 2006 City of �° lean at`ere ices City Ma age for Mayor Genera a ger 2550 SW Hillsboro Highway• Hillsboro, Oregon 97123 Phone: (503) 681-3600• Fax: (503)681-3603 o www.CleanWaterServices.org APPENDIX A lAmended May 2007 DIVISION OF RESPONSIBILITIES EFFECTIVE THROUGH JUNE 30, 2008 TIGARD Basic Workplan Inside City Limits Outside City Limits Sanitary Maintenance Lines under 24" Line Cleaning City District Root Cutting City District Emergency response City District Overflow and Complaint response and investigation City District Cross connection investigation and response City District Manhole adjustment City District Non-structure line sealing and point repair City District Manhole rehabilitation (sealing) City District TV inspection City District Compilation of TV reports and system evaluation City District I&I abatement and system rehabilitation projects District and City District Root Foaming City District Structural line repairs City District Line replacements City District Pump station maintenance District District Lines 24" and Larger All maintenance, inspection, repair, and replacement District District SWM Maintenance Line Cleaning City District Root Cutting City District Catch Basin cleaning City District Water quality manhole maintenance City District Storm and emergency response City District Complaint response and investigation City District Street Sweeping City District City for local District Water Quality facility maintenance for Regional District City for local District Water Quantity facility maintenance for Regional District Maintenance of public Streams/creeks/open channels City District Processing and disposal of sweeper, catch basin and storm line material City . District Structural line repairs City District Line replacements City District Pump station maintenance and operation District District t Roadside ditches and piping system.in County Roads District District TV inspection City District Compilation of TV reports and system evaluation City District Proactive Leaf management program City District ENGINEERING, INSPECTION, AND SUPPORT ELEMENTS Development Process (development review, plan review) City District Sanitary Sewer connection permit issuance City District SWM connection permit issuance City District Billing and collection of monthly service charges City District Inspection of developer projects City District Installation of Sanitary Sewer Masterplan City 21"and less, Projects District 24"& up District Installation of Masterplan Pump Station Projects District District Installation of SWM Masterplan Projects City District Erosion control permit issuance City District Erosion control inspection District District Accounting City District Industrial Waste Program District District Maintaining GIS information City and District District Maintaining system mapping City and District District Maintaining Engineering records of systems City and District District Preparing and revising sanitary sewer masterplans District District Preparing and revising SWM masterplans District .District Response to customer billing inquiries City District Public information, newsletters, etc., for SWM and Sanitary programs) City and District District AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF TIGARD AND CLEAN WATER SERVICES This agreement, dated os I , 2005, is between Clean Water Services (District) and the City of Tigard(Cit ) and amends the parties' Intergovernmental Agreement dated January 25, 2005 (Intergovernmental Agreement). RECITALS 1. District and City previously entered into the Intergovernmental Agreement. 2. The parties now wish to amend the Intergovernmental Agreement. TERMS AND CONDITIONS 1. Division of Responsibilities/Effective Dates Appendix A to the Intergovernmental Agreement delineates responsibilities of the District and City for the performance of specific functions regarding the operation and maintenance of the sanitary sewerage system and the storm and surface water systems. The Division of Responsibilities identified in Appendix A has different effective dates. The parties wish to amend the effective dates in Appendix A as follows. A. Delete the language "EFFECTIVE THROUGH JUNE 30, 2005" and substitute the language "EFFECTIVE THROUGH JUNE 30, 2006." B. Delete the language "EFFECTIVE JULY 1, 2005" and substitute the language "EFFECTIVE JULY 1, 2006." 2.- Effect of Amendment Except as amended herein, the parties' Intergovernmental Agreement shall remain in full force and effect. CITY OF TIGARD, OREGON CLEAN WAS R SE VICES By: By: Mayor ers 1 Mana r 'f l�i� -� Attest. APPROVED AS FORM City Recor er District Counsel ity Attorney Page 1 of 1 —Amendment to Intergovernmental Agreement City of Tigard APPENDIX A 1/11/2005 _ _ DIVISION OF RESPONSIBILITIES EFFECTIVE THROUGH JUNE 30, �LL"`2a TiGARD Basic Workplan Inside City Limits Outside City Limits Sanitary Maintenance Lines under24" Line Cleaning City District �^ Root Cutting City District Emergency response City District Overflow and Complaint response and investigation City District _Cross connection investigation and response city District_ Manhole adjustment City District Non-structure line sealing and point repair City District Manhole rehabilitation (sealing) City District TV inspection City District Compilation of TV reports and system evaluation City District W abatement and system rehabilitation projects District and City District Root Foaming City District Structural line repairs City i District Line replacements City District Pump station maintenance District District Lines 24" and Larger All maintenance, inspection, repair, and replacement District District SWM Maintenance _w — Line Cleaning City District Root Cutting city District Catch Basin cleaning City District Water quality manhole maintenance City District Storm and emergency response City i District Complaint response and investigation City District Street Sweeping City District City for local District Water Quality facility maintenance for Regional District City for local District i Water Quantity facility maintenance_ for Regional _ District Maintenance of public Streams/creeks/open channels City District­15 Processing and disposal of sweeper, catch basin and storm line material City District _ Structural line repairs city District Line replacementsl City District Pump station maintenance and operation I District District Roadside ditches and piping system in County Roads District District TV inspection C4 District- Compilation istrict- Compilation of TV reports and system — evaluation C ity District Proactive Leaf management program City District ENGINEERING, INSPECTION, AND SUPPORT ELEMENTS Development Process (development review, plan review) City District Sanitary Sewer connection permit issuancel City District SWM connection permit issuance City District Billing and collection of monthly service j charges city District— Inspection istrict _Inspection of developer projects City District - T __— Installation of Sanitary Sewer Masterplan City 21"and less, _ Projectsl District 24"& up District Installation of Masterplan Pump Station Projects District District _ Installation of SWM Masterplan Projects City District Erosion control permit issuance city District Erosion control inspection District District Accounting City District — Industrial Waste Program District District Maintaining GIS information City and District — District Maintaining system mapping City and District District Maintaining Engineering records of systems City and District District Preparing and revising sanitary sewer masterplans District District Preparing and revising SWM masterplans District _ District Response to customer billing inquiries City District Public information, newsletters, etc., for SWM and Sanitary programs City and District District APPENDIX A _ 1/11/2005 DIVISION OF RESPONSIBILITIES EFFECTIVE JULY 1,71W Inside City, and Outside Outside City, and Responsibility Inside City, and Inside Inside Responsibility Boundary *(See Tigard _ Responsibility Boundary Boundary ^ Note 1 Below) Sanitary Maintenance Lines under 24" 4 Line Cleaning City Root Cutting City city _ Emergency response Cit City _ Overflow and Complaint response City City Cross connection investigation and response city City _ Manhole adjustment City Cit Non-structure line sealing and point repair District District Manhole rehabilitation (sealing) District District TV inspection Cit _ City compilation of TV reports and system evaluation District District I&1 abatement and system rehabilitation projects District District Root Foaming District District Structural line repairs City/District City/District _ W Lateral Repairs in Public Right of Way City/District City/District _ Line replacements City/District City/District Pump station maintenance District District Vector Control City City Utility Locates City City Offroad inspection and locator post maintenance city Cit Easement and Access Road Maintenance city City Lines 24" and Larger _ All maintenance, inspection, repair, and replacement District District SWM Maintenance Line Cleaning City City _ Root Cutting city City _T Catch Basin cleaning city city Water quality manhole maintenance city City Storm and emergency response city Cit Complaint response investigation and reporting City city Street Sweeping city City _ City Local, District . City Local, District Water Quality facility maintenance Regional Regional City Local, District City Local, District _ Water Quantity facility maintenance Regional Regional _ - Maintenance of public Streams/creeks/open – channels City City T Processing and disposal of sweeper, catch — basin and storm line material (excluding _ leaves)l District District _ Structural line repairs City/District City/District Line replacements City/District City/District Pump station maintenance and operation District District Roadside ditches and piping system in County Roads District _ District_ Roadside ditches and piping system in City City, Funded by Street Roads Fund None TV inspection Cit Cit�r Compilation of TV reports and system evaluation District District Proactive Leaf management program City City Utility Locatesi City City i ENGINEERING, INSPECTION, I AND SUPPORT ELEMENTS Development Process (development review, plan review) City District _ Sanitary Sewer connection permit issuance city District SWM connection permit issuance City District Billing and collection of monthly service charges city District Inspection of developer projects City District Installation of Sanitary Sewer Masterplan City 21"and under, Projects District 24" & up District — Installation of Masterplan Pump Station District District Installation of SWM Masterplan Projects city District Erosion control permit issuance City District Erosion control inspection District District Accounting City District Industrial Waste Program District District Fat, 011, Grease Program District District Maintaining GIS information City and District City and District Maintaining system mapping City and District _City and District -- Maintaining Engineering records of systems City and District City and District Preparing and revising sanitary sewer masterplans District District _ Preparing and revising SWM masterplans District District Response to customer billing inquiries City District Public information, newsletters, etc.,for SWM and Sanitary programs City and District City and District Flow Monitoringj District District Formation and Administration of t_1D's City and District District _ _ Inspection of Private Facilities City _District _ _ Marking Utilities City City _ Fixture Counting District District _ -- Field Yard General Maintenance City — District -- – *Note 1 -"Inside City, and Outside –� Responsibility Boundary", This column is blank because there are no areas that this applies to. In the future, if there are areas, the i responsibilities will be defined. 2005 CONTRACT INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF TIGARD AND CLE ANWATER SERVICES THIS AGREEMENT is made and entered into as of the_day of 2005, between the City of Tigard a municipal corporation of the State of Oregon, hereinafter referred to as "City," and Clean Water Services, formerly Unified Sewera e Agency, a municipal corporation and county service district, hereinafter referred to as the "District." WHEREAS as a county service district organized under ORS 451, the District has legal authority for the sanitary sewerage and storm water (surface water) management programs within its boundaries consistent with relevant laws, rules acid agreements. The District is the NPDES/Watershed/MS-4 Permit holder, and operates and maintains wastewater treatment facilities, surface water collection system and sanitary,sewer systems within unincorporated areas and within certain cities within its boundaries-, and WHEREAS the City has certain legal authority relative to the operation and maintenance of the sewerage and surface water management systems as provided for under its charter, relevant laws, rules and the Agreement. The City performs a variety of functions critical to the operation, maintenance and management of sewerage and surface water management facilities as outlined in the.Agreement.. It is anticipated that this Agreement may periodically require updating or modification by agreement of the parties; and WHEREAS as a county service district organized under ORS 451, the District has the legal authority for the sanitary sewerage and storm water (surface water) management programs within its boundaries consistent with relevant laws, rules and agreements. The District perforins watershed, sub-basin and facility planning, develops standards and work programs,is the,permit holder, and operates and maintains wastewater treatment facilities, surface water collection.system and sanitary sewer systems within unincorporated areas and within certain cities within its boundaries. The . District also performs various ancillary functions throughout the basin and within various cities; and WHEREAS in 1970, City, by action of its Council pursuant to an election duly conducted within.the boundaries of the`District, agreed to be within such sanitary sewer district; and WHEREAS in 1989, City consented by action of its Council to have District manage storm and surface water drainage within the District's boundary, including those portions of the system within the City, and consented to the petition to the Portland Metropolitan Area Boundary Commission (Boundary Commission) to expand District's authority to include storm and surface water drainage management, which was granted by the Boundary Conunission; and Page 1 of 17—Agreement with City of / WIIEREAS District and Washington County Cities have enjoyed a strong and effective partnership over more than three decades since District's formation. This partnership has greatly enhanced protection of public health and the environment and has been the foundation of enormous economic growth. Collaboration built through communication must remain as its cornerstone. Accordingly, the District and the City commit to cooperatively and openly engage each other in the timely discussion of topics of interest to the other party: A variety of forums and means will be employed to promote the above such as the Washington County Managers meetings,the City/District Technical Committee as well as ongoing individual communications.; and WHEREAS, City and District have the authority to enter into contracts for the cooperative operation of service facilities under ORS 451.560 and ORS Chapter 190; and WHEREAS, City and District previously entered into an Agreement for the cooperative operation of sanitary sewer and surface water facilities, and said Agreement is in need of amendment. NOW, THEREFORE, in consideration of the covenants and agreements to be kept and performed by the.parties hereto, it is agreed as follows: Section 1. Definition of Terms Wherever the following terns are used in this agreement they shall have the following meaning unless otherwise specifically indicated by.the context in which they appear: A. Area of Assigned Service Responsibility means the area set forth in the map attached as Exhibit A as may be amended. B. Board means the Board of Directors of the District, its governing body. C. Chief Executive Officer means the City official responsible for massaging the day-to-day business affairs of City. D. Council means the City Council, governing body of City. E. Industrial Waste means any liquid, gaseous, radioactive or solid waste substance or.a combination thereof resulting from any process of industrial or manufacturing business, or from the development or recovery of natural resources. For the purposes of this agreement, Industrial Waste shall also include any substance regulated under 33 USC Sec 1317,together with regulations adopted thereunder. F. Operation and Maintenance means the regular performance of work required to assure continued functioning of the,storn and surface water system and the sanitary sewerage system and corrective measures taken to Page 2 of 17—Agreement with City of repair facilities to keep them in operating condition,,and in compliance with the requirements of applicable laws; regulations, and permits. Operations and Maintenance Activities and responsibilities are defined in Appendix A. G. Order means Resolutions, Orders and Directives of the District prescribing general standard's and conditions for construction or use of the storm and surface water facilities and the sanitary sewerage facilities, and Rates and Charges. H Person means the state of Oregon, any individual, public or private corporation, political subdivision, governmental agency, municipality, industry, co-partnership, association, firm,trust,.estate or any other legal entity whatsoever. I. Program Funding means the revenues made available to City through Section 4. of this agreement to follow the adopted work programs and performance standards. . J. Rates and Charges are defined in the District's 'Rates and Charges" Resolution and Order (R&O)No. 01-34, or as may be amended. The following terms when used in this agreement shall be as defined in that R&O: 1. Dwelling Unit Equivalent (DUE) 2. Equivalent Service Unit (ESU) 3. Impervious Surface Area .4. Permit Application and Inspection 5. Sanitary Sewer Service Charge 6. Sanitary System Development Charge (SDC; Connection Charge) 7. Storm and Surface Water Service Charge 8. Stone and Surface Water System Development Charge K. Sanitary Sewerage System means any combination of sewer treatment plant, pumping or lift facilities, sewer pipe, force mains, laterals (to the limit of the7 public right-of-way and"those which are subject to active rehabilitation), manholes, side sewers, laboratory facil'itie's and equipment, and any other facilities for the collection, conveyance, treatment and disposal of sanitary sewage comprising the total publicly-owned Sanitary Sewerage System within District boundaries, to which storm, surface and ground waters are not intentionally admitted. L. Standards means the standards and conditions of use of the storm and surface water system and the sanitary sewer system as specified and adopted'by the District. Standards also shall mean applicable statutes and rules of the United States and the State of Oregon. Nothing in this Page 3 of 17—Agreement with City of 1 V agreement shall:prevent the City from establishing more restrictive standards than those established by the District or standards that raise performance,requirements. M. Storm and Surface Water System means any combination of publicly owned storm and surface water quality treatment facilities, pumping or lift facilities, storm drain pipes and culverts, open channels, creeks and rivers, force mains, laterals, (to the limit of the public right-of-way and those which are subject to active rehabilitation), manholes, catch basins and inlets, grates and covers, detention and retention facilities, laboratory facilities and equipment, and any other publicly owned facilities for the collection, conveyance, treatment and disposal of storm and surface water comprising the total publicly owned Storm and Surface Water System within District's jurisdiction, to which sanitary sewage flows are not intentionally admitted. N. Work Program and Performance Standards are adopted by the District after considering input from the cities to define the activities required to operate and maintain the sanitary sewer and storm and surface water systems. Section 2 Determination of Programs Rules, Policies and Standards The District as the Permit holder is responsible for the management and operation of the sanitary sewer and storm and surface water systems within.its boundaries. The City shares certain responsibilities for the operation and maintenance of the sanitary sewer and storm and surface water systems within the City limits. The District is the designated permittee who shall obtain and enforce timely compliance with relevant federal and delegated state Clean Water Act permits for treatment plants, collection systems, and stormwater. The District, in cooperation with the cities from time to time may adopt orders, standards, specifications, work programs, and performance criteria for the proper and effective operation of the sanitary sewer and storm and'surface water systems and to comply with state and federal permits, laws and regulations. The District, when it adopts orders, standards, specifications, work programs and performance criteria shall give prior notice to the City of all proceedings wherein_District Board shall consider such adoption. The District shall adopt such orders, standards, work programs and performance criteria only after the Board has addressed and considered the City's concerns, if any. An),such changes to work programs and performance standards that the Board determines are required by state and/or federal permits or regulations shall not be effective prior to 90 days from the date of adoption by District's Board oras otherwise.nlutually agreed to by the City and the District. The effective date of any changes to work programs and performance criteria not required by state and/or federal permits and regulatioizs; shall.be mutually agreed to by the District and City prior to consideration by the District's Board. The District agrees that whenever practical it shall communicate proposed changes not required by state and/or federal permits and Page 4 of 17—Agreement with City of -7, a-A regulations in.or before September of the year prior to the proposed adoption so as to allow the District and the City to budget appropriately for the following fiscal year. A. City agrees to follow and enforce the Orders, Standards, specifications, work programs; and performance:criteria promulgated by the District, subject, However, to program funding and to the extent that City may be lawfully authorized to act. The City shall not be responsible for any failure to act or defect in performance caused by lack of adequate program funding, inadequacies in the Work Program and Performance Standards.as adopted by the District, or lack of lawful authority to act. Lack of adequate funding from the District and coilipliance with the Work Program and Performance Standards as adopted by the District shall be absolute defenses to any claim against the City under this Agreement.,: Citytfurther agrees to notify District of apparent violations of the subject Orders, Standards, specifications, work programs, and performance criteria, of which it has kriowledge, which may require District legal action or enforcement. Section '). Division of Responsibilities A. Division of Responsibilities 1. The purpose of this agreement is to delineate responsibilities for the performance of specific functions. The responsibilities of the District and City are defined in this Section and Appendix A. Exhibit A is a map showing areas of service responsibilities for the District and the City. 2. All functions relating to the subject matter of this Agreement not specifically listed in this Section or Appendix A-as being the responsibility of City shall remain the responsibility of the District. B. Procedure for Modifying the Division of Responsibilities 1. Responsibilities defined in this Section and Appendix A may be modified from time to time with approval in writing by the City Manager or designee and the District General Manager or designee. Responsibilities may also be changed by notice to the District from the City that the City wishes to assume certain maintenance responsibilities for a specific area or areas that are inside the City limits and inside the City's area of Future Maintenance Responsibility as shown on Exhibit A. The City must provide such notice to the District in writing by January 1 of the year.in which a transfer of service responsibilities is anticipated. Any transfer of service responsibilities will be effective July 1 of each year. The District will amend the Exhibit A responsibility map to indicate that an area has been added to the City's "Area of Assigned Service Responsibility". 2. Responsibilities defined in this Section and Appendix A.may be modified by the District Board provided that the change is necessary to comply with state or federal permits, laws or regulations. The District l; Page 5 of 17—Agreement with.City of ) Board shall not reduce the total scope of City responsibilities without consent of the City unless: a. the Board, after notice to the City and a public hearing, establishes that the City has failed to correct identified instances of non- performance related to the adopted standards that are necessary to comply with state or federal permits, laws or regulations; or, b. the Board decides that there is no practical alternative to a mid- fiscal year change in the allocation of revenue between the District and the City, as provided for in Section 4 of this agreement and changes the scope of City responsibility to reflect that different allocation of revenue. 3. Upon reasonable notice from City to District, District shall assume responsibility for any portion of the program defined in this Section and Appendix A. Reasonable notice shall be at least six (6) months, unless agreed to in writing by the District and City. Corresponding adjustments to the revenue allocation shall be made to reflect the change in responsibility upon implementation of such changes. City shall be responsible for correcting or paying to have corrected any deficiencies in the system resulting from non-performance of the programs under its responsibility, subject, however, to fielding availability. 4. The responsibilities defined in Appendix A and responsibility boundaries defined in Exhibit A are not changed due to City annexations of area currently inside the District's boundary. Provided that after formal adoption and subsequent consultation between the City and District, service area boundaries may be altered based on Senate Bill 122 boundary revisions. For am-iexations of territory not currently within the District's boundary, the District will amend Appendix A and Exhibit A to define the responsibilities for the new area in cooperation with the City and in cooperation with adjacent cities. C. Additional City Responsibilities 1. Prior to issuing any non-residential sanitary sewer permit, the City shall require the applicant to prepare and submit to City, a District Sewer Use Information form. City shall submit the completed form to the District. The District will determine if an Industrial Waste Discharge Permit is required. The District will respond within 15 days from the date that the completed form is received by the District. 2. The City will require persons who are proposing development, as defined in the District's Design and Construction Standards Resolution and Order. to obtain a Service Provider Letter from the District. At Paae 6 of 17—Agreement with City of b anytime during the life of this agreement, the City may choose to issue such Service Provider Letters. 3. Concurrent with the City review and initial Land Use approval, the City will forward proposed construction drawings to the District for the following: a) Any addition, modification, construction, or reconstruction (other than repairs) of the publicly-owned sanitary sewerage system and storm and surface water system. District will review these drawings to assure conformance to adopted District standards, orders, and master plans. b) Any "development" as defined in the District's Design and Construction Standards Resolution and Order. District will review these drawings to assure conformance with the conditions of the Service Provider Letter issued following the provisions in Section 3.C.2. The District shall not charge a fee for these types of reviews. The City shall not approve or issue permits for such work until it receives notification of District approval. The District shall complete its reviews within 15 working days from its receipt of complete construction drawings from the City, otherwise the City may consider the drawings as being approved by the District. 4. The City may notify the District in writing that it wishes the District to issue Correction Permits for either or both of the sanitary or storm water systems. In such cases, the District shall not issue Connection Permits until the City indicates in writing that the development complies with the City's standards. City will collect all comiection, permit, and development fees for developments within the City unless City and District agree that the District will collect the fees. 5. Other than for issuance of connection permits, obtain District review and approval prior to entering into any agreement for the use of the Storm and Surface Water System or the Sanitary Sewerage System. 6. The City will inform the District in writing not less than 30 days prior to initiating or entering into any agreement for the financing or incurring of indebtedness relating to the storm and surface water system or the sanitary sewerage system. Revenues allocated by the District to the City for the performance of functions identified in Appendix A are considered restricted, and may only be used to perform those functions (including reasonable administration and security for bonds) delegated to the City for such things as operation and maintenance of the sanitary or storm and Page 7 of 17—Agreement with City of Z, e surface water system. City shall not obligate any assets or facilities of the District's sanitary or storm and surface water system for any debt. For purposes of debt fiulding, the District's asset schedule for storm and surface water and sanitary sewer facilities shall be the basis for determining ownership within City boundaries. In general, sanitary sewer lines 24" and over are the property of the District regardless of location, as are sanitary treatment plants and pump stations, and storm and surface water quality and quantity facilities that are one acre or greater in surface area. 7. The City will allow the District access at any reasonable time upon reasonable notice to inspect and test storm and surface water facilities and sewerage facilities within City and City Area of Geographic Responsibility. 8. The City will waive fees for permits granted to the District as may be necessary for the installation of storm and surface water facilities and sewerage facilities in the public streets and ways of City without imposing permit issuance fees, but only to the same extent as the City waives such fees for itself, and provided that the District shall adhere to any conditions required pursuant to ORS 451.550(6). 9. The City agrees to issue no new permit for the construction within, or modification to, a wetland, floodway, or floodplain without first receiving the written approval by the District, pursuant to Section S.D. This paragraph shall not apply to permits issued by City pursuant to a current permit under 33 USC Section 1344(e) (a section 404 general permit), and within the scope of such permit. This section does not apply to actions related to City flood insurance program. The City retains the responsibility to issue land use approvals and building permits. 10. The City agrees to pursue, when City deems feasible and appropriate, the conversion of storm and surface water facilities from private to public ownership, through the acquisition of easements and other property rights as necessary, for those privately owned storm and surface water facilities which are identified as being necessary or appropriately a part of the public system. 11. To the extent that it is so required by law or regulation, City shall comply with Oregon Administrative Rules (OAR) Chapter 340, Division 49, "Regulations Pertaining to Certification of Wastewater System Operator Personnel," including the obligation that City shall have its wastewater collection system supervised by one or more operators certified at a grade level equal to or higher than the system classification shown on page 1 of District's NPDES permit, issued by the State. The Page 8 of 17—Agreement with City of District shall notify City of any modification to:the NPDES permits .affecting,their operations. D. City Responsibilities Outside of its City Limits 1 Not withstanding,the procedures in Section 3.B, City is not obligated by this agreement to accept responsibility for any programs or work activities outside of its City limits other than by mutual agreement of the parties. 2. To the extent City has agreed to responsibilities both inside and outside of its City limits, for4 activities which are the,responsibility of City, City shall perforial-the work to meet the minimum requirements specified in the District's adopted Work Programs and Performance Standards. When the same type of service is being performed by City both inside and outside City, the service shall be prioritized.and performed in a like manner in each area, including the response°to:storms and other. emergencies. The exception shall be if City provides a higher degree of service inside City due to its own supplemental funding. E. Additional District Responsibilities 1. The District will inform the City in writing.,,not less than 30 days prior to initiating or,entering into any agreementsfor-.the financing or incurring,g,of indebtedness relating to the storm and surface water system or the sanitary sewerage system. Revenues allocated to the District for the performance of functions identified in Appendix A are considered restricted, and inay only be used to perform`those functions (including reasonable administration and security for bonds) delegated to the Districtforsuch things as operation and:maintenance of the sanitary or storm and surface water system. The!District shall not obligate any assets or facilities of the City's sanitary or store and surface water system for any debt. In general, sanitary.sewer'lines 247,inch and over and parallel sanitary sewer lines to a,com noir downstream connection with hydraulic capacity'equivalent.to a 24-irich lk e'are tl eproperty of the District regardless of location, as are sanitary-treatineAt plants and pump stations. 2. The.District will allow'the City access at any reasonable time upon reasonable notice to inspect and test storm and.surface water facilities and sewerage facilities within City and-District Area of Service Responsibility. 3. To the extent District provides services inside the Tigard City limits, the District shall perform the work to meet the minimum requirements specified in the District's adopted Work Prograins and Performance ;nJPage 9 of 17—Agreement with City of f-� , Standards. When the same type of service is being performed by City or District both inside and outside the City, the service shall be prioritized and performed in a like manner in each area, including the response to storms and other emergencies. If the City provides a higher level of service inside its adopted service area due to its own supplemental fimding, the District shall provide that same level of service provided that the allocation of revenue between the parties reflects the cost of the higher level of service. 4. Upon transfer of maintenance responsibilities for an area to the City, the District and the City shall conduct a joint inspection of the sanitary sewer and storm and surface water system. The District shall confirm that it will provide funding for the correction of identified deficiencies in a manner that is consistent with the priorities established by the District's work program. The anlexation of an area by the City or the transfer of maintenance responsibilities to the City for an area will not change the priority for repairs or improvements assigned by the District. Section 4 Determination and Division of Revenue, Operating Procedures and Rules Relating to Revenue A. After consultation between City and District staff,the District Board shall determine and certify annually for both the sanitary sewerage system and for the storm and surface water system the monthly service charge and system development charge. The City agrees to impose these charges as a minimum. The City may impose additional charges as allowed in Section 4.E.4. B. After consultation between City and District staff,the District Board shall determine and certify annually for both the sanitary sewerage system and for the storm and surface water system the portion of the monthly service charge and system development charge to be retained by the City for performance of the functions defined in this Agreement and for the City's share of annual debt service payment. Except as provided in Section 4.D, District shall notify City by the September preceding the start of the next Fiscal Year of any proposed decrease in the monthly service charge and system development charge to be retained by the City and any other proposed changes that could affect the City's 5-Year Sanitary Sewer or Stormwater Financial Forecast Plans.. C. The District Board shall not implement any significant change in the division of monthly service charge revenue from that shown in the Rates and Charges Resolution and Order No. 01-34 effective Fiscal Year 2001/2002 until July 1, 2005 with the following exceptions: 1. The Board may make routine principal and interest adjustments for debt service repayment. Page 10 of 17—Agreement with City of —� 2. The Board may make adjustments in response to significant increases or decreases in program responsibilities D. Changes in the division of revenue for the reasons described in Section 4.B. 1 & 2 will typically be made as a part of the annual Fiscal Year budget process. However,the division of revenue may be adjusted by the District to recognize changes in responsibilities that occur outside the normal budget cycle after coordination and communication with the Cities. Any such mid-year changes in the division of revenue initiated by the District Board shall only be implemented when the Board determines such a change is necessary to comply with state or federal permits, laws or regulations. If there is a mid- year change in responsibilities.. which the District determines to be significant, the District Board may, upon 60 days notice to City, adjust the division of revenue outside of the annual budget process. The Board shall not change the division of revenue without responding to the City's concerns and a determination that not other practical alternatives to increase revenues are available and can reasonably be implemented. E. Operating Procedures Relating to Revenue I. City shall remit to the District the portion of sanitary sewer service charges and systems development charges collected, and storm and surface water service charges and systems development charges collected, less the City Portion, as identified in Section 4.B. 2. Payments shall be remitted on a monthly basis, with a report on District designated forms. 3. Payments to the District of revenue collected by the billing party shall be due within 20 days following the end of each month, unless the payment has been appealed by the billing party. 4. The C i ty may charge and collect a service charge or system development charge for areas within the city limits at a higher rate per EDU and ESU than that set by the District when the City determines it is needed for the system within the city limits. The City shall retain 100% of these additional revenues collected. Such additional charge shall be consistent with the services provided by City and with applicable federal roles in order to preserve eligibility for grants and other funding programs. 5. City may request District to perform permit and inspection services for private development construction of public storm and surface water facilities and sanitary sewer facilities, and for erosion control. City shall remit to the District the fee set forth in District's Rates and Page 11 of 17—Agreement with City of Charges to compensate District for its costs for such services performed relative to these fees, as prescribed by District Order or separate agreement with City. 6. For Industrial Waste fees, District shall remit to City a percentage of system development charges, volume, and monthly service charges collected equal to the percentages of service charges retained by the City as defined in Section 4.13. District shall retain one hundred percent (100%) of the amnia] Industrial Waste permit fee, and any penalty fees, COD, SS (as those terms are defined in the Rates and Charges) and other fees related to Industrial Waste that may be assessed. 7. City will institute administrative procedures to diligently maintain regular billings and collection of fees, adjust complaints thereto, and pursue delinquency follow-ups and take reasonable steps for collection thereof. 8. City and District shall each establish separate accounts for the storm and surface water program and sanitary sewerage program for the purpose of accounting for service charges and systems development charges collected and received pursuant to this agreement. 9. District or City may at any reasonable time upon reasonable notice inspect and audit the books and records of the other with respect to matters within the purview of this Agreement. 10. City and District shall each prepare and submit to each other a performance report of the storm and surface water functions, and the sanitary sewer functions for which each is responsible. The District wilt specify the requirements, frequency, and content of the performance report after considering and responding to the City's concerns. 11. The City and District may, each at its own cost, install permanent and temporary volume and quality monitoring stations, and other monitoring equipment, to determine the effectiveness of City and District programs. 12. Interest play accrue on late monthly payments as specified in Section 4.E.1 at a rate of 1.25 times the monthly Local Government Investment Pool (LGIP) earnings rate as posted for the previous month. and will be applied each month to the unpaid balance. Section 5 Administrative and Operating Provisions Page 12 of 17—Agreement with City of A. The District will not extend sanitary sewer or storm and surface water service to areas outside the City except with prior approval of the City where such areas are included in the Urban Plain-ling Area Agreement between the City and the appropriate county or counties and any of the following exists: 1. A new or existing single family property desires sewer service and needs to directly connect to a sewer line within the city. 2. A new development desires sewer service and needs to directly connect a lateral or mainline public sewer directly to a sewer line within the city. B. Each party shall obtain and maintain in full force and effect for the term of this agreement, at its own expense, comprehensive general liability and automobile insurance policies for bodily injury, including death, and property damage, including coverage for owned, hired or non-owned vehicles, as applicable, for the protection of the party, and the other party, its elected and appointed officials, officers, agents, employees and volunteers as additional insureds. The policies shall be primary policies, issued by a company authorized to do business in the State of Oregon and providing single limit general liability coverage of$2,000,000 and separate automobile coverage of $1,000,000 or the limit of liability contained in ORS 30.260 to 30.300, whichever is greater. If either party is Luiable to obtain insurance as required by this sentence, the parties shall cooperate on amending this Section to require types and levels of insurance that are available. The certificates shall provide that the other party will receive thirty (30) days' written notice of cancellation or material modification of the insurance contract at the address listed below. Each party shall provide certificates of insurance to the other party prior to the performance of any obligation under this agreement. If requested, complete copies of insurance policies shall be provided to the other party. Each party shall be financially responsible for their own deductibles, self-insurance retentions, self-insurance, or uninsured risks. C. District will not establish local assessment districts within City, without first obtaining City approval. D. District will process applications from City pursuant to Section 3.C.9 for Wetland, Floodplain, and Floodway modifications within 15 days of receiving such applications. Upon review and approval by District, and upon request by City, the District shall act as a facilitator and liaison for State and Federal review and permit processes. E. The City shall report all sanitary sewer overflows that it becomes aware of to the District within 24 hours of learning of the overflow. The City shall require all permittees of the City to report sanitary sewer overflows to the City. City agrees to reimburse District for any expense, costs, damages, Page 13 of 17—Agreement with City of ►' L O _ claims; fides, or penalties incurred by District;thatresult from or are related to City's failuree to so timely and adequately report. F. This agree1ent,is for the benefit of the parties only.. Each party agrees to indemnify and bold.harmless the other party and its, officers, employees, and agents, from and a.gairist all claims, demands and causes of actions and suits of any kind or nature for personal injury, death-or damage to property'or the environment on account of or rising out of the;operation of this Agreement, including the perforinance or non-performance;of.duties under this Agreement, or in any way resulting from the negligent or wrongful acts or omissions of the-indemnifying party and its officers, employees, and agents . In addition, each paKty�shall be solely responsible for any contract claims, delay damages or similar items arising from or caused by the action or inaction of the party under this agreement. Inability to perforin an activity or to properly perform because of insufficient funding from the District is not a negligent act"or omission or willful misconduct of the party charged with the activity but shall be the responsibility of the District. Performance of any activity in compliance with the Work Program and Performance Standards as adopted by the.District isnot a negligent act or omission or willful . misconduct. G. District and City acknowledge that District may'receive notices of violation or fines from state or federal agencies for violations of state or federal rules. As the permittee and the entity that establishes standards and controls payment, District shall be responsible for responding to notices of violations and for payment of al fines. District shall invite the City to participate in any discussions With.state and federal agencies regarding notices of violation involving City actions or.responsibility. City will cooperate with District in the investigation and,response to any notice of violation involving actions relating to actions or responsibilities of the City and shall allow the City to defend its own interests in any contested case proceeding concerning an alleged violation both in the proceeding and in any appeal therefrom. If a fine is imposed, City shall reimburse District to the extent that the fine results from noir-performance of adopted programs or non-compliance with District, 'state, or federalrules or policies by the City and those.acting on behalf of the City. If possible, the City shall reimburse the District prior to the date due for payment of the fine. The City shall not be responsible-for reimbursement if the City's non.performance or non-compliance was caused,by lack-of adequate funding by District. If more than one party is_responsible,the.City's responsi-fity for reimbursement payment will be'allocated based on the degree of responsibility and degree of fault of the.City, Disputes over the amount of reimbursement shall be resolved by the dispute resolution process set out in Section 6 of this Agreement. To the extent that the City is required to perform any work to correct a violation, District shall provide adequate funding for the work to be performed,unless the violation was caused by the City's omission.or misconduct. Page 14 of 17—Agreement with City of H. Nothing in this Agreement shall be construed as a limitation upon or delegation of the statutory and home rule powers of City, nor as a delegation or limitation of the statutory powers of District. This Agreement shall not limit any right or remedy available to City or District against third parties arising from illegal acts of such third parties. I. Where this Agreement calls for review or approval of a fee or charge, District shall perform such review in a timely maiuler, shall not unreasonably withhold approval, and shall provide its decision to City in writing. If, within 30 days of written request by City for approval by District, the District has failed to provide a written response, the request shall be deemed approved. Section 6. Dispute Resolution, Remedies A. In the event of a dispute between the parties regarding their respective rights and obligations pursuant to this Agreement, the parties shall first attempt to resolve the dispute by negotiation. If a dispute is not resolved by negotiation, the exclusive dispute resolution process to be utilized by the parties shall be as follows: 1. Step 1. Upon failure of those individuals designated by each party to negotiate on its behalf to reach an agreement or resolve a dispute, the nature of the dispute shall be put in writing and submitted to City's Chief Executive Officer and District's General Manager, who shall meet and attempt to resolve the issue. If the issue in dispute is resolved at this step, there shall be a written determination of such resolution, signed by City's Chief Executive Officer and District's General Manager, which determination shall be binding on the parties. Resolution of an issue at this step requires concurrence of both parties' representatives. 2. Step 2. In the event a dispute cannot be resolved at Step 1, the matters remaining in dispute after Step 1 shall be reduced to writing and forwarded to the Mayor and the Chairman of the Board of Directors. Upon receipt of the written issue statement, the Mayor and Chairman shall meet and attempt to resolve the issue. If the issue is resolved at this step, a written determination of such resolution shall be signed by the Mayor and Chairman. Resolution of an issue at this step requires concurrence of both the Mayor and the Chairman. 3. Step 3. In the event a dispute cannot be resolved at Step 2, the parties shall submit the matter to mediation. The parties shall attempt to agree on a mediator. In the event they cannot agree, the parties shall request a list of five (5) mediators from the American Arbitration Association. or such other entity or firm providing mediation services Page 15 of 17—Agreement with City of f � to which the parties may further agree. Unless the parties can mutually agree to a mediator from the list provided, each party shall strike a name in turn, until only one name remains. The order of striking names shall be determined by lot. Any common costs of mediation shall be borne equally by the parties, who shall each bear their own costs and fees therefor. If the issue is resolved at this step, a written determination of such resolution shall be signed by both parties. Resolution of an issue at this step requires concurrence by both parties. In the event a dispute is not resolved by mediation, the aggrieved party may pursue any remedy available to it under applicable law. B. Neither party may bring a legal action against the other party to interpret or enforce any term of this Agreement in any court unless the party has first attempted to resolve the matter by means of the dispute resolution of subsection A above. This shall not apply to disputes arising from a cause other than interpretation or enforcement of this Agreement. C. Parties may mutually agree in writing to waive any of the above steps, or to enter into alternate processes or additional processes such as binding arbitration prior to filing legal action. Section 7. Effect of this Agreement This Agreement shall supersede all prior agreements of similar scope and subject matter, including amendments and the "City Committee Agreement"between the parties with respect to sanitary sewerage and service, storm and surface water management; provided that, except as expressly modified herein, all rights, liabilities, and obligations of such prior agreements shall continue. This Agreement shall be effective upon its execution by both parties hereto, and shall continue in effect for five years. This Agreement shall be deemed automatically renewed for a series of succeeding five year terms up to a limit of 25 years, with the mutual agreement of the City and the District. If the District enters into an intergovermnental agreement with any other city in its territory covering the same subject as this Agreement and if any of the provisions of the other agreement differ from this Agreement,the City may elect to replace any provision of this Agreement with the parallel provision from the other agreement, with the exception of Appendix A and Exhibit A. The replacement shall be effective on receipt by District of written notice from the City. This Agreement may not otherwise be modified except by written amendment or as otherwise specified in this Agreement. Section 8. Amendments At any time, either party may request in writing to open this Agreement for specific amendment. If such request is made, the other party must respond within 90 days. If the parties do not agree and the party requesting such amendment desires to proceed with the amendment, then remedies pursuant to Section 6 shall apply. All amendments shall be in Page 16 of 17—Agreement with City of writing and approved by the governing body of the respective parties and incorporated into the agreement. Section 9. Severability In the event a court of competent jurisdiction shall deem any portion or part of this Agreement to be unlawflil or invalid, only that portion or part of the Agreement shall be considered unenforceable. The remainder of this Agreement shall continue to be valid. IN WITNESS WHEREOF, this instrument has been executed in duplicate by authority of lawfiil actions by the Council and District Board of Directors. CLEAN WATER SERVICE CITY OF TIGARD, OREGON OF WASHINGTON COUNTY, OREGON By l By ` Chairman, Board of Directors Mayor Attest: e f/c i Approved as to Form: 'City Recorder Attorney for District ity Attorney Page 17 of 17—Agreement with City of APPENDIX A 1/1 1/2005 DIVISION OF RESPONSIBILITIES EFFECTIVE THROUGH JUNE 30, 2005 TIGARD - — - Basic Workplan I Inside City Limits- ;Outside City Limits Sanitary Maintenance Lines under 24" �I - - -- - - - Line Cleaning, City District City Root Cutting! - District - -- - Emergency response] City District _ Overflow and Complaint response and -g city. - District investigation,ation City -- Cross connection investigation and response) City District Manhole adjustment City District Non-structure line sealing and point repair City District - - Manhole rehabilitation (sealing) City j District - - TV inspections City District Compilation of TV reports and system! evaluations City _ District I&I abatement and system rehabilitation; projects District and City District Root Foaming City District R - -- - District- - Structural line repairs,! City District Line replacements City District Pump station maintenance District - District - - Lines 24" and Larger All maintenance, inspection, repair, and replacement District District SWM Maintenance Line Cleaning City District - -- Root Cutting City District - Catch Basin cleaning City District Water quality manhole maintenance; City District Storm and emergency response]_ City District Complaint response and investigation City District Street Sweeping City District - City for local District - _ Water Quality facility maintenance for Regional District City for local District Water Quantity facility maintenance! for Regional District Maintenance of public Streams/creeks/open channels City District Processing and disposal of sweeper, catch basin and storm line material] City - ! District Structural line repairs! City District _ Line replacements' City _ y District _ Pump station maintenance and operation District District Roadside ditches and piping system in County Roads) District District TV inspection) City District Compilation of TV reports and system, evaluation - City District Proactive Leaf management program! City District ENGINEERING, INSPECTION, AND SUPPORT ELEMENTS Development Process (development review, l plan review) City District Sanitary Sewer connection permit issuance! City - District SWM connection permit issuance; City- District Billing and collection of monthly service] charges' City - _- - District Inspection of developer projects City District_ _ -- - - -- -- Installation of Sanitary Sewer Masterplan City 21" and less, Projectsl, _ District 24" & up District Installation of Masterplan Pump Station! Projects] District District Installation of SWM Masterplan Projects City District_ Erosion control permit issuance City District Erosion control inspection District District Accountings City District Industrial Waste Program] District District Maintaining GIS information! City and District District -- - - Maintaining system mapping].- City and District District - Maintaining Engineering records of systems] City and District District Preparing and revising sanitary sewer masterplansj District District Preparing and revising SWM masterplansj District District Response to customer billing inquiries; City District Public information, newsletters, etc., for SWM and Sanitary programsl City and District District APPENDIX A 1/11/2005 DIVISION OF RESPONSIBILITIES EFFECTIVE JULY 1, 2005 Inside City, and Outside i Outside City, and Responsibility !Inside City, and Inside Inside Responsibility 1 Boundary *(See Tigard Responsibility BoundaryBoundary Note 1 Below) Sanitary Maintenance Lines under 24" — ----- y-_-= -- --- Line Cleaningcityit Root Cutting City _ � City Emergency responsel City - City- overflow and Complaint response City City - _Cross connection investigation and response City City Manhole adjustment City City Non-structure line sealing and point repair District _ - -District - Manhole rehabilitation (sealing) District_ -__District _ TV inspectionl, City�� City - - - Compilation of TV reports andsystem evaluation] District District I&I abatement and system rehabilitation projects District District Root Foaming District District - Structural line repairs City/District —L - City/District Lateral Repairs in Public Right of Way! City/District City/District Line replacements!_ City/District City/District Pump station maintenance District District Vector Control City City Utility Locates City - City - -- - Offroad inspection and locator post maintenance City City Easement and Access Road Maintenance City City I Lines 24 and Larger All maintenance, inspection, repair, and District District replacement _ - - ---------------- --------- SWM Maintenance Line Cleaning City City - — Root Cutting City City Catch Basin cleaningi City City Water quality manhole maintenances City City Storm and emergency response City City Complaint response investigation and reporting City City Street Sweeping Cit - City -_ City Local, District City Local, District Water Quality facility maintenance Regional Regional City Local, District City Local, District Water Quantity facility maintenances Regional - Regional Maintenance of public Streams/creeks/open) channels City City Processing and disposal of sweeper, catch basin and storm line material (excluding leaves)I District District - Structural line repairs City/District City/District Line replacements Cit /District City/District_ -- I Pump station maintenance and operation;-- District District Roadside ditches and piping system in County Roads, District District - Roadside dtches and piping system--in CitY City, Fundedby-b w - - - - Street Roads - _Fund_ - - - None TV inspection City City - Compilation of TV reports and system evaluation] District District Proactive Leaf management programl City City Utility Locates City _ City ENGINEERING, INSPECTION, AND SUPPORT ELEMENTS_ - _ _- Development Process (development review, plan review) City District S_ anitary Sewer connection permit issuance City District _ SWM connection permit issuances City District Billing and collection of monthly servicei charges City District _ Inspection of developer projects City District Installation of Sanitary Sewer Masterplan City 21"and under, Projects District 24" & up -- - District Installation of Masterplan Pump Station District District - -_- Installation of SWM Masterplan Projects City District - Erosion control permit issuances _ City - District - Erosion control inspection] District _District - - Accountingl City District _ Industrial Waste Program District District Fat, Oil, Grease Program District District Maintaining GIS information City and District City and District Maintaining system mapping City and District - City and District - - - Maintaining Engineering records of systems City and District I City and District - - - Preparing and revising sanitary sewer, masterplans District District Preparing and revising SWM masterplans District District Response to customer billing inquiries; City District _ Public information, newsletters, etc., for SWM and Sanitary programs) City and District City and District Flow Monitoring_ District - District -I Formation and Administration of LID's City and District District Inspection of Private Facilities City District Marking Utilities, - City- City - Fixture Counting District District Field Yard General Maintenance City- - District Note 1 "Inside City, and Outside Responsibility Boundary", This column is blank because there are no areas that this applies to. 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