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Washington County - IG170005-Mosquito/Pesticide Management Agreement CA i7- 6 (73 ' JG 17000S INTERGOVERNMENTAL AGREEMENT This Agreement is entered into,by and between Washington County,a political subdivision of the State of Oregon, and City of Tigard . WHEREAS ORS 190.010 authorizes the parties to enter into this Agreement for the performance of any or all functions and activities that a party to the Agreement has authority to perform. Now, therefore,the parties agree as follows: 1) The effective date is: March 1, 2017, or upon final signature, whichever is later. The expiration date is: December 31, 2022;unless otherwise amended. 2) The parties agree to the terms and conditions set forth in Attachment A,which is incorporated herein, and describes the responsibilities of the parties, including compensation, if any. 3) Each party shall comply with all applicable federal, state and local laws;and rules and regulations on non-discrimination in employment because of race,color,ancestry,national origin,religion, sex, marital status,age,medical condition or handicap. 4) To the extent applicable,the provisions of ORS 279B.220 through ORS 279B.235 and ORS 279C.500 through 279C.870 are incorporated by this reference as though fully set forth. 5) Each party is an independent contractor with regard to each other party(s)and agrees that the performing party has no control over the work and the manner in which it is performed. No party is an agent or employee of any other. 6) No party or its employees is entitled to participate in a pension plan, insurance,bonus,or similar benefits provided by any other party. 7) This Agreement may be terminated,with or without cause and at any time,by a party by providing (30 if not otherwise marked)days written notice of intent to the other party(s). 8) Modifications to this Agreement are valid only if made in writing and signed by all parties. 9) Subject to the limitations of liability for public bodies set forth in the Oregon Tort Claims Act,ORS 30.260 to 30.300, and the Oregon Constitution, each party agrees to hold harmless,defend, and indemnify each other, including its officers, agents,and employees, against all claims, demands, actions and suits(including all attorney fees and costs)arising from the indemnitor's performance of this Agreement where the loss or claim is attributable to the negligent acts or omissions of that party. 10) Each party shall give the other immediate written notice of any action or suit filed or any claim made against that party that may result in litigation in any way related to this Agreement. PAGE 1 OF 2 - INTERGOVERNMENTAL AGREEMENT Rev.4/14/10 Y 1 11) Each party agrees to maintain insurance levels or self-insurance in accordance with ORS 30.282, for the duration of this Agreement at levels necessary to protect against public body liability as specified in ORS 30.269 through 30.274. 12) Each party agrees to comply with all local, state and federal ordinances, statutes,laws and regulations that are applicable to the services provided under this Agreement. 13) This Agreement is expressly subject to the debt limitation of Oregon Counties set forth in Article XI, Section 10 of the Oregon Constitution,and is contingent upon funds being appropriated therefore. 14) This writing is intended both as the final expression of the Agreement between the parties with respect to the included terms and as a complete and exclusive statement of the terms of the Agreement. WHEREAS,all the aforementioned is hereby agreed upon by the parties and executed by the duly authorized signatures below. Jurisdiction at 2 �cf r 7 Signature Date M/W 7-�tA L, lit)i tJ 4E: CI Ty M A—N A-6 F:-� Printed Name Title Address: 1-312—S" S 1N > f�—i�L g!,V (7�A p 04 '�-7�2 3 WASHINGTON COUNTY: b4o Signature Date Sia Lindstrom �f. nP.p�t�A4f14 Admin. Printed Name Title Address: 155 North First Ave Mail Stop#5 Hillsboro, OR 97124 PAGE 2 OF 2 - INTERGOVERNMENTAL AGREEMENT Rev.4/14/10 ATTACHMENT A Statement of Work /Schedule/Payment Terms The County's Responsibilities: 1. The County shall coordinate efforts to meet the goals of the State Health Authority's West Nile Virus(WNV) and Zika response plan. 2. The County shall coordinate public education related to matters of public health and human behavior related to vector-borne disease throughout Washington County. 3. The County shall work with state and local health,veterinarian, agricultural, and wildlife organizations to survey and track human, equine, and avian cases of WNV. 4. The County shall alert those subject to this Intergovernmental Agreement of confirmed local mosquito borne disease activity. 5. The County shall employ a Mosquito Control Coordinator to implement an integrated mosquito management plan. 6. The County shall provide larvicide product to the City to treat publicly owned sumped catch basins under city control. 7. The County shall maintain a database of known sumped catch basin and aquatic habitats. 8. The County shall maintain a database mapping complaints, surveillance findings and mosquito control activities. 9. The County shall maintain, design, develop and conduct a regional larval and adult mosquito program that will include representative catch basins, storm water facilities, and natural areas within the County throughout the mosquito season(typically March through October). 10. The County shall maintain registration and follow requirements as an operator for the 2300 A Pesticide General Permit through the Oregon Department of Environmental Quality. 11, The County shall establish mosquito management practices for catch basins (Attachment B) 12. The County shall maintain a Pesticide Discharge Management Plan as required for the 2300A Pesticide General Permit 13. The County shall conduct mosquito surveillance, visual assessments, mosquito control measures and efficacy checks throughout the County 14. The County shall maintain all correspondences relating to agreement CITY RESPONSIBILITIES 1. The City shall utilize and distribute public education materials provided by the County in order to maintain a consistent regional communication strategy, as needed. 2. The City shall actively educate neighborhood associations, community participation organizations and other citizen groups and encourage private property source reduction efforts and other personal behaviors that will reduce risk of exposure. 3. The City shall report dead bird and mosquito complaints that it receives to the County 4. The City shall allow the County to implement an integrated pest management program as needed, for sites under the management of the City. PAGE 1 - ATTACHMENT A— 1/2016 ATTACHMENT A Statement of Work/Schedule/Payment Terms 5. The City shall maintain catch basins and storm water facilities per routine maintenance programs to ensure primary functionality 6. The City shall follow mosquito management practices for catch basins(Attachment B) developed by the County to the level of their routine maintenance program 7. The City shall apply a larvicide to sumped catch basins under their control beginning in May of the calendar year through July 1"during their regular maintenance duties,unless an alternate schedule is agreed upon. For those catch basins the City is not able to apply a larvicide,the City will notify the County of those locations. Not all catch basins must be treated every calendar year. 8. The City shall provide the County with pesticide application records made under this agreement, no later than 14 days after the application has been completed. 9. The City shall maintain pesticide application records in accordance with local, state and federal laws. 10. The City shall apply pesticides for mosquito control in compliance with local, state, and federal laws. 11. The City shall maintain all correspondences relating to agreement. Unless otherwise specified herein, the parties agree that there will be no monetary compensation paid to the other that each shall bear their own costs and that reasonable and beneficial consideration exists to support this agreement. PAGE 2 -ATTACHMENT A— 1/2016 WASHINGTON COUNTY OREGON Attachment B: Management Practices for Catch Basins Washington County Department of Health and Human Services Public Health Division Environmental Health Mosquito Control Management Practices for Storm Water Catch Basins Created 12-2011 Revised 12-2016 Page 1 Mosquito Control Management Practices for Storm Water Catch Basins Identifying the Mosquito Problem: A catch basin or storm drain is a curbside drain with the sole function of collecting water from streets and transporting it to local waterways through a system of underground piping,culverts and/or drainage ditches. They can also be found in parking lots. In general,regular maintenance activities,including cleaning,of the storm drain system is performed as on-going maintenance. Storm water systems utilizing catch basins are ubiquitous in USA and are known sources of mosquito production in the urban environment(Munstermann and Craig 1976). The principal mosquito species occupying these habitats are Culex species(Kronenwetter-Koepel et al.2005). The mosquito specie,Culex pipiens,is a primary vector of encephalitis in the northern United States. Cx.pipiens can be found in a wide range of larvae habitats but are generally associated with water that has high organic water content. Catch basins and storm drains provide ideal habitat for Cx.pipiens. Catch basins were designed to trap debris and hold a portion of the storm water after a rainfall event. In general,the source of data used to identify the mosquito problem from catch basins will be peer-reviewed studies,historical and/or current mosquito surveillance,and weather data. Action Threshold: In general,environmental conditions will initiate pest management measures for catch basins. Typically, the action threshold is reached when the mean average temperature reaches 50 degrees Fahrenheit. Historically,this is observed during the month of May in Washington County. Overwintering female Culex pipiens emerge during the month of May and begin depositing egg rafts in suitable habitat(Crans.2010). The presence of mosquitoes amongst a sample of catch basins within a treatment area via dipping and/or visual surveillance may also initiate pest management measures. General Location Map: Washington County is located in the Tualatin Valley of western Oregon. The county is bordered on the west and north by the Coast Range,on the south by the Chehalem Mountains and on the north and east by the Tualatin Mountains. In general,mosquito management of storm water catch basins occurs within the Urban Growth Boundary of Washington County(see attachment A) Impaired Water: No impaired waters are within Washington County for pesticide/s to be used in catch basins for larval mosquito control. Only pesticide/s without a potable water use restrictions are to be applied to catch basins in an area where water is supplied from the surface water(see attachment B). Treatment Area: Treatment areas in Washington County are defined geographically by city jurisdictions and there are 16 incorporated cities with the county. An additional treatment area,unincorporated Washington County,is comprised of the area outside the defined city jurisdictions(see attachment Q. Although each treatment area differs in size and location,the possible mosquito production sources and species of concern are,in general,universal throughout the pest management area(Washington County). Pest Management: Control conducted in catch basins will follow Washington County's Pesticide Discharge Management Plan, where applicable. Washington County Mosquito Control contracts with multiple regional partners in managing mosquito production in catch basins. Each agency may have differences in their standard operating procedures as it relates to items such as catch basin maintenance,spill response and notification. However,the below table can be used as general guidelines for managing mosquito production in catch basins. Table one outlines pest management measures for catch basins as a comprehensive prevention and control philosophy that utilizes all accessible controls singly or in combination to exploit the known vulnerabilities of mosquitoes in order to reduce their numbers to reasonable levels while maintaining a quality environment. Page 2 Mosquito Control Management Practices for Storm Water Catch Basins Table One:Pest Management Measures for Catch Basins Control Description Applicability Active Surveillance Threshold Application Rate of Measure Ingredient/ Method Method Application Formulation No Action Larvicide Direct outflow basin, NA Larvae NA NA NA Applications rainfall events, dipping, environmental Visual conditions,no permission granted, cost effectiveness,or feasibility may result in no action decision Prevention Education on-going activities for NA NA NA NA NA and Outreach education and training on personal protection measures and mosquito biology Mechanical, Habitat On-going maintenance NA Larvae Presence of catch Conducted on- NA physical Modification (cleaning)of system is dipping, basin going as control done throughout the year. Visual appropriate Filters,screens,and/or pavers may be used but are expensive and require increase maintenance and labor Cultural Habitat On-going maintenance; NA Larva Presence of catch Conducted on- NA Control modification cleaning,de-clogging, dipping, basin going as removing blockages help Visual appropriate reduce flooding outside of catch basin,which can limit the size of potential mosquito habitat Page 3 Mosquito Control Management Practices for Storm Water Catch Basins Control Description Applicability Active Surveillance Threshold Application Rate of Measure Ingredient/ Method Method Application Formulation Biological Introduce No known legal predators NA NA NA NA NA Control predators of mosquito larvae for use in catch basins Larvicide Application All catch basins in Bacillus Larvae Environmental Hand In application of EPA Washington County.Size thuringiensis dipping, conditions and/or accordance approved of catch basins and israelensis; Visual presence of with all larvicides volume(depth)of water Bacillus mosquitoes FIFRA label will vary. sphaericus; instructions Methoprene; S inosad A variety of pesticides and formulations exist that provide effective control of mosquito larvae. In general,formulations are used in catch basins,which provide efficient control so only one application needs to be conducted each season. Typically,these formulations are applied towards the beginning of the mosquito season(mid-May/June). Size of catch basins and depth of water will vary throughout the treatment areas and throughout the year. Table two estimates the number of public catch basins within each treatment area. Table Two: Estimate Number of Public Catch Basins for Treatment Areas Treatment Area Estimate#of Public Catch Basins Treatment Area Estimate#of Public Catch Basins Banks 95 North Plains 77 Beaverton 2,171 Portland unknown Cornelius 1,024 Rivergrove unknown Forest Grove 1,638 Sherwood 1,399 Gaston unknown Tigard 3,854 Hillsboro 7,117 Tualatin 670 King City 15 Wilsonville unknown Lake Oswego unknown Unincorporated 5,321 Washington County Page 4 Mosquito Control Management Practices for Storm Water Catch Basins Visual Assessment: All operators covered under this permit must conduct visual assessments of application sites. Visual assessments consist of spot checks in the area in and around where pesticides are applied for possible and observable adverse impacts caused by an application of pesticides subject to the 2300A General Pesticide Permit issued by Oregon Department of Environmental Quality(DEQ). Possible and observable adverse impacts include,but are not limited to,the unanticipated death or distress of non-target organisms,disruption of fish and wildlife habitat. In general,Washington County Mosquito Control Staff will conduct visual assessments of catch basins during and/or after a pesticide application in a treatment area as required by DEQ. Visual assessments are required as follows: a. During the application when considerations for safety and feasibility allow b. During any post-application surveillance or efficacy check that is conducted DEQ does not require efficacy surveillance of pesticide applications however,if they are done,than a visual assessment will take place during that time. Contracting government partners may conduct visual assessments during the application of pesticides when considerations for safety and feasibility allow. Record Keeping: All records must be documented as soon as possible but no later than 14 days following completion of each pesticide application in a treatment area. On or before the 14th day after any pesticide application,a copy of the below information will need to be on file with the operator(Washington County)registered under DEQ. Information for each treatment area to which pesticides are discharged as follows: o Surveillance methods used,dates of surveillance,and findings of surveillance o Target pest(s)and explanation of the need for pest control o Pest or site-specific action thresholds prior to pesticide application o Description of pest management measures implemented prior to the first application o Company name and contact information for pesticide applicator o Pesticide application dates and time of day of application o Description of treatment area,including location and size of treatment area and identification of any waters o Name of each pesticide product used including EPA registration number o Quantity of pesticide applied o Concentration(%)of active ingredient o Effective concentration of active ingredient o Any unusual or unexpected effects identified to non-target organisms o Was a visual assessment conducted?Was it done during or post pesticide application,if not explanation why not o Assessment of environmental conditions relating to proper pesticide use Page 5 Mosquito Control Management Practices for Storm Water Catch Basins Appendix Appendix A:General Location Map Appendix B:Water Quality Map Appendix C:Treatment Area Map Page 6 Mosquito Control Management Practices for Storm Water Catch Basins Appendix A:General Location Map General Location Map Legend --- County Line Catch Basin Treatment Zone L� ri •r The information on this map was derived from several databases and care was taken in its creation. Washington County cannot accept any responsibility for errors,omissions,or positional accuracy. There are no warranties for this product. However,notification Created 12 2011 of any errors will be appreciated Catch basins may be treated out zone Page 7 Mosquito Control Management Practices for Storm Water Catch Basins Appendix B:Surface Water Drinking Water Source Area Map Washington County Drinking Water Source Area Legend for Surface Water Surface Wate r 0 WSAs County Line Urban Growth Boundary N ........... ............. ....................... The information on this map was derived from several databases and care was taken in its creation. Washington County cannot accept any responsibility for errors,omissions,or positional accuracy. There are no warranties for this product However,notification of any errorswill be appreciated. Created 12 2011 Page 8 Mosquito Control Management Practices for Storm Water Catch Basins Appendix C:Pesticide Treatment Area Map Pesticide Treatment Areas Washington County Oregon Legond TreatmentAreas NAME -Banks N -Bamrton { -Comelus -Durham -Forest Grove Oxton _Hlkboro ®109 City -LA.Osawpo -- - North PHUc -Portiand -Riragrow _Sherwood _Tigad -Tualatin -Unlnoorporand Was Nn&n Co -1Mlkomik Unincorporated Washington County B*s No n For $Ma Hillsboro Cornelius Boavarto are, Gatto n IKing am Tial Ivorgrovo ,�i!sott+y�le The information on this map was derived from several databases and care was taken in its creation. Washington County cannot accept any responsibility for errors,omissions,or positional accuracy. There are no warranties forthis product. However,notification of any errorswill be appreciated. Created 12-2011 Page 9 ' Mosquito Control Management Practices for Storm Water Catch Basins Work Cited Crans,Wayne J.Culex pipiens Linnaeus.Center for Vector Biology.2010.Rutgers University. 12 Dec.2011.< httR://www.rci.rutgers.edu/—inSggtS/RiD2.htm> Kronenwetter-Koepel TA,Meece JK,Miller CA,Reed KD.2005.Surveillance of above-and below-ground mosquito breeding habitats in a rural Midwestern community:baseline data for larvicidal control measures against West Nile Virus vectors.Clin Med Res 3:3-12 Munstermann LE,Craig GB Jr. 1976.Culex mosquito populations in the catch basins of northern St.Joseph County, Indiana.Proc Indiana Acad Sci 86:246-252 Page -- — 10 RECEIVED APR 16 2012 C 'k la -0Q99 City of Tigard AdministWMRGOVERNMENTAL AGREEMENT This Agreement is entered into, by and between Washington County, a political subdivision of the State of Oregon, and /7+--Er, 4 F %�4 r d WHEREAS ORS 190.010 authorizes the parties to enter into this Agreement for the performance of any or all functions and activities that a party to the Agreement has authority to perform. Now, therefore,the parties agree as follows: 1) The effective date is: 04/01/2012,or upon final signature,whichever is later. The expiration date is: 12/30/2016; unless otherwise amended. 2) The parties agree to the terms and conditions set forth in Attachment A,which is incorporated herein, and describes the responsibilities of the parties, including compensation, if any. 3) Each party shall comply with all applicable federal, state and local laws; and rules and regulations on non-discrimination in employment because of race,color, ancestry,national origin,religion, sex, marital status, age,medical condition or handicap. 4) To the extent applicable,the provisions of ORS 27913.220 through ORS 279B.235 and ORS 279C.500 through 279C.870 are incorporated by this reference as though fully set forth. 5) Each party is an independent contractor with regard to each other party(s)and agrees that the performing party has no control over the work and the manner in which it is performed. No party is an agent or employee of any other. 6) No party or its employees is entitled to participate in a pension plan, insurance,bonus,or similar benefits provided by any other party. 7) This Agreement may be terminated,with or without cause and at any time,by a party by providing (30 if not otherwise marked)days written notice of intent to the other party(s). 8) Modifications to this Agreement are valid only if made in writing and signed by all parties. 9) Subject to the limitations of liability for public bodies set forth in the Oregon Tort Claims Act, ORS 30.260 to 30.300, and the Oregon Constitution, each party agrees to hold harmless, defend, and indemnify each other, including its officers, agents, and employees, against all claims, demands, actions and suits (including all attorney fees and costs) arising from the indemnitor's performance of this Agreement where the loss or claim is attributable to the negligent acts or omissions of that party. 10) Each party shall give the other immediate written notice of any action or suit filed or any claim made against that party that may result in litigation in any way related to this Agreement. PAGE 1 OF 2 - INTERGOVERNMENTAL AGREEMENT Rev. 10/6/05 11) Each party agrees to maintain insurance levels or self-insurance in accordance with ORS 30.282, for the duration of this Agreement at levels necessary to protect against public body liability as specified in ORS 30.270. 12) Each party agrees to comply with all local, state and federal ordinances, statutes, laws and regulations that are applicable to the services provided under this Agreement. 13) This Agreement is expressly subject to the debt limitation of Oregon Counties set forth in Article XI, Section 10 of the Oregon Constitution, and is contingent upon funds being appropriated therefor. 14) This writing is intended both as the final expression of the Agreement between the parties with respect to the included terms and as a complete and exclusive statement of the terms of the Agreement. WHEREAS, all the aforementioned is hereby agreed upon by the parties and executed by the duly authorized signatures below. Jurisdiction Signature Date ma Printed Name Title Address: r 3! S" LJ /y // $l✓e►! , %i<i -�✓ e)IZ 1 7.2-2,3 WASHINGTON COUNTY: ell— old-0/ Signature Date Sia Undstron, Sr. Depu y County Admin Printed Name Title Address: 155 N First Ave Mail Stop# 5 Hillsboro, OR 97124 PAGE 2 OF 2 - INTERGOVERNMENTAL AGREEMENT Rev. 10/6/05 ATTACHMENT A Statement of Work /Schedule/Payment Terms The County's Responsibilities: 1. The County shall coordinate efforts to meet the goals of the State Health Service's West Nile Virus (WNV) response plan. 2. The County shall coordinate public education related to matters of public health and human behavior related to vector-borne disease throughout Washington County. 3. The County shall work with state and local health, veterinarian, agricultural, and wildlife organizations to survey and track human, equine, and avian cases of WNV. 4. The County shall alert those subject to this Intergovernmental Agreement of confirmed WNV cases. 5. The County shall employ a Mosquito Control Coordinator to design and develop a sampling program and train City staff on mosquito sampling procedures, as needed. 6. The County shall establish a schedule for City staff to submit larval and adult mosquito samples, as needed. The County Mosquito Control Coordinator shall process and track larvae and adult mosquito samples collected by City staff. 7. The County shall provide larvicide product to the City to treat publicly owned sumped catch basins under city control. 8. The County shall maintain a database of known sumped catch basin and aquatic habitats. 9. The County shall maintain a database mapping complaints, surveillance findings and mosquito control activities. 10. The County shall maintain, design, develop and conduct a regional larval and adult mosquito program that will include representative catch basins, storm water facilities, and natural areas within the County throughout the mosquito season (typically March through October). 11. The County shall maintain registration and follow requirements as an operator for the 2300 A Pesticide General Permit through the Oregon Department of Environmental Quality. 12. The County shall establish mosquito management practices for catch basins (Attachment B) 13. The County shall maintain a Pesticide Discharge Management Plan as required for the 2300A Pesticide General Permit 14. The County shall conduct mosquito surveillance, visual assessments, mosquito control measures and efficacy checks throughout the County, as needed 15. The County shall maintain all correspondences relating to agreement CITY RESPONSIBILITIES 1. The City shall utilize and distribute public education materials provided by the County and Clean Water Services (CWS), in order to maintain a consistent regional communication strategy. PAGE 1 - ATTACHMENT A— 1/2012 r ATTACHMENT A Statement of Work /Schedule/Payment Terms 2. The City shall actively educate neighborhood associations, community participation organizations, and other citizen groups, and encourage private property source reduction efforts and other personal behaviors that will reduce risk of exposure. 3. The City shall report bird and mosquito complaints that it receives to the County 4. The City shall identify, in cooperation with CWS, locations of storm water facilities and aquatic features that may produce mosquitoes and provide that information to the County to integrate with the County's complaint and surveillance information. 5. The City shall deliver larval and/or adult mosquito samples to the County Mosquito Control Coordinator for processing and tracking on the schedule established by the County, as needed. 6. The City shall allow the County to implement mosquito surveillance and control measures as needed, for sites under the control of the City. 7. The City shall maintain catch basins and storm water facilities to limit the presence of standing water and decaying organic debris (particularly dead cattails and grass clippings). 8. The City shall follow mosquito management practices for catch basins (Attachment B) developed by the County. 9. The City shall provide the County with reports of surveillance and/or pesticide applications, no later than 14 days after actions take place. 10. In the event the City is unable to implement mosquito surveillance and/or control measures in a timely manner, the City will notify the County and request assistance. 11. The City shall maintain pesticide application records in accordance with local, state and federal laws. 12. The City shall apply pesticides for mosquito control in compliance with local, state, and federal laws. 13. The City shall follow the County's Pesticide Discharge Management Plan regarding mosquito control as found in Attachment C and by this reference incorporated herein. 14. The City shall maintain all correspondences relating to agreement. Unless otherwise specified herein, the parties agree that there will be no monetary compensation paid to the other that each shall bear their own costs and that reasonable and beneficial consideration exists to support this agreement. PAGE 2 - ATTACHMENT A— 1/2012 INTERGOVERNMENTAL AGREEMENT This Agreement is entered into,by and between Washington County, a political subdivision of the State of Oregon, and , ,r--r r.4- WHEREAS ORS 190.010 authorizes the parties to enter into this Agreement for the performance of any or all functions and activities that a party to the Agreement has authority to perform. Now,therefore,the parties agree as follows: 1) The effective date is: 03/01/2011,or upon final signature,whichever is later. The expiration date is: 01/01/13; unless otherwise amended. 2) The parties agree to the terms and conditions set forth in Attachment A,which is incorporated herein,and describes the responsibilities of the parties, including compensation, if any. 3) Each party shall comply with all applicable federal,state and local laws;and rules and regulations on non-discrimination in employment because of race,color,ancestry,national origin,religion, sex, marital status,age,medical condition or handicap. 4) To the extent applicable,the provisions of ORS 279B.220 through ORS 27913.235 and ORS 279C.500 through 279C.870 are incorporated by this reference as though fully set forth. 5) Each party is an independent contractor with regard to each other party(s)and agrees that the performing party has no control over the work and the manner in which it is performed. No party is an agent or employee of any other. 6) No party or its employees is entitled to participate in a pension plan, insurance,bonus,or similar benefits provided by any other party. 7) This Agreement may be terminated,with or without cause and at any time,by a party by providing (30 if not otherwise marked)days written notice of intent to the other party(s). 8) Modifications to this Agreement are valid only if made in writing and signed by all parties. 9) Subject to the limitations of liability for public bodies set forth in the Oregon Tort Claims Act, ORS 30.260 to 30.300,and the Oregon Constitution, each party agrees to hold harmless, defend, and indemnify each other, including its officers,agents,and employees, against all claims, demands, actions and suits(including all attorney fees and costs)arising from the indemnitor's performance of this Agreement where the loss or claim is attributable to the negligent acts or omissions of that party. 10) Each party shall give the other immediate written notice of any action or suit filed or any claim made against that party that may result in litigation in any way related to this Agreement. PAGE 1 OF 2 - INTERGOVERNMENTAL AGREEMENT Rev. 10/6/05 11) Each party agrees to maintain insurance levels or self-insurance in accordance with ORS 30.282, for the duration of this Agreement at levels necessary to protect against public body liability as specified in ORS 30.270. 12) Each party agrees to comply with all local, state and federal ordinances, statutes, laws and regulations that are applicable to the services provided under this Agreement. 13) This Agreement is expressly subject to the debt limitation of Oregon Counties set forth in Article XI, Section 10 of the Oregon Constitution,and is contingent upon funds being appropriated therefor. 14) This writing is intended both as the final expression of the Agreement between the parties with respect to the included terms and as a complete and exclusive statement of the terms of the Agreement. WHEREAS,all the aforementioned is hereby agreed upon by the parties and executed by the duly authorized signatures below. 01 114,;1.4o J t n �/// re Date lz /$ Yeti b r L I'�iA s iN i e f 16C Printed Name I f Title Address: I ' I o� 5 6yi d a II BI VOL. , a and D k 9I223 WASHINGTON COUNTY: Signature sin Lindstrom Date Sr. Deputy County Admin. Printed Name Title Address: 155 N First Ave Mail Stop# 5 Hillsboro, OR 97124 PAGE 2 OF 2 - INTERGOVERNMENTAL AGREEMENT Rev. 10/6/05 ATTACHMENT A Statement of Work/Schedule/Payment Terms County's Resaonsibilities: 1. The County shall coordinate efforts to meet the goals of the State Health Service's West Nile Virus (WNV)response plan. 2. The County shall coordinate public education related to matters of public health and human behavior related to vector-borne disease throughout Washington County. 3. The County shall work with state and local health,veterinarian, agricultural, and wildlife organizations to survey and track human,equine, and avian cases of WNV. 4. The County shall alert those subject to this Intergovernmental Agreement of confirmed WNV cases. 5. The County shall employ a Mosquito Control Coordinator to design and develop a sampling program and train City staff on mosquito sampling procedures. 6. The County shall establish a schedule for City staff to submit larval and adult mosquito samples, as needed. The County Mosquito Control Coordinator shall process and track larvae and adult mosquito samples collected by City staff. 7. The County shall provide larvicide product to the City to treat publicly owned sumped catch basins under city control. 8. The County shall maintain a database of known sumped catch basin and aquatic habitats. 9. The County shall maintain a database mapping complaints, surveillance findings and mosquito control activities. 10. The County shall maintain, design, develop and conduct a regional larval and adult mosquito program that will include representative catch basins, storm water facilities, and natural wetlands within the county throughout the mosquito season (typically March through October). CITY RESPONSIBILITIES 1. The City shall utilize and distribute public education materials provided by the County and Clean Water Services (CWS), in order to maintain a consistent regional communication strategy. 2. The City shall actively educate neighborhood associations, community participation organizations, and other citizen groups, and encourage private property source reduction efforts and other personal behaviors that will reduce risk of exposure. 3. The City shall report bird and mosquito complaints that it receives to the County 4. The City shall identify, in cooperation with CWS, locations of storm water facilities and aquatic features that may produce mosquitoes and provide that information to the County to integrate with the County's complaint and surveillance information. 5. The City shall deliver larval and/or adult mosquito samples to the County Mosquito Control Coordinator for processing and tracking on the schedule established by the County, as needed. 6. The City shall allow the county to implement mosquito surveillance and control measures as needed, for sites under the control of the City. PAGE 1 -ATTACHMENT A ATTACHMENT A Statement of Work/Schedule/Payment Terms 7. The City shall maintain catch basins and storm water facilities to limit the presence of standing water and decaying organic debris (particularly dead cattails and grass clippings). The City shall install habitat features as appropriate to promote amphibian, bird, and predatory insect(dragonfly)populations that feed on mosquito larva. 8. The City shall treat all publicly owned sumped catch basins with larvicide on a schedule agreed upon with the County. The City will provide the County with yearly reports of areas treated. 9. In the event the City is unable to implement mosquito surveillance and/or control tasks in a timely manner the City will notify the County and request assistance. Unless otherwise specified herein, the parties agree that there will be no monetary compensation paid to the other that each shall bear their own costs and that reasonable and beneficial consideration exists to support this agreement. PAGE 2 -ATTACHMENT A eft r ©� a � INTERGOVERNMENTAL AGREEMENT This Agreement is entered into,by and between Washington County, a political subdivision of the State of Oregon, and Cqy of Tigard WHEREAS ORS 190 010 authorizes the parties to enter into tlus Agreement for the performance of any or all functions and activities that a party to the Agreement has authority to perform Now, therefore, the parties agree as follows 1) The effective date is- 01/01/09, or upon final signature, whichever is later The expiration date is 01/01/11, unless otherwise amended 2) The parties agree to the terms and conditions set forth in Attachment A, which is incorporated herem, and describes the responsibilities of the parties, including compensation, if any 3) Each party shall comply with all applicable federal, state and local laws, and rules and regulations on non-discrimination in employment because of race, color, ancestry,national origin,religion, sex, marital status, age,medical condition or handicap 4) To the extent applicable,the provisions of ORS 279B 220 through ORS 279B 235 and ORS 279C 500 through 279C 870 are incorporated by this reference as though fully set forth 5) Each party is an independent contractor with regard to each other party(s) and agrees that the performing party has no control over the work and the manner in which it is performed No party is an agent or employee of any other 6) No party or its employees is entitled to participate in a pension plan, insurance,bonus, or similar benefits provided by any other party 7) This Agreement may be terminated, with or without cause and at any time, by a party by providing (30 if not otherwise marked) days written notice of intent to the other party(s) 8) Modifications to tlus Agreement are valid only if made in wnting and signed by all parties 9) Subject to the limitations of liability for public bodies set forth in the Oregon Tort Claims Act, ORS 30 260 to 30 300, and the Oregon Constitution, each party agrees to hold harmless, defend, and indemnify each other, including its officers, agents, and employees, against all claims, demands, actions and suits(including all attorney fees and costs) arising from the indemmtor's performance of this Agreement where the loss or claim is attributable to the negligent acts or omissions of that party 10) Each party shall give the other immediate written notice of any action or suit filed or any claim made against that party that may result in litigation in any way related to this Agreement PAGE 1 OF 2 - INTERGOVERNMENTAL AGREEMENT Rev 10/6/05 11) Each party agrees to maintain insurance levels or self-insurance in accordance with ORS 30.282, for the duration of this Agreement at levels necessary to protect against public body liability as specified in ORS 30.270. 12) Each party agrees to comply with all local, state and federal ordinances, statutes, laws and regulations that are applicable to the services provided under this Agreement. 13) This Agreement is expressly subject to the debt limitation of Oregon Counties set forth in Article XI, Section 10 of the Oregon Constitution, and is contingent upon funds being appropriated therefor. 14) This writing is intended both as the final expression of the Agreement between the parties with respect to the included terms and as a complete and exclusive statement of the terms of the Agreement. WHEREAS, all the aforementioned is hereby agreed upon by the parties and executed by the duly authorized signatures below. 0 J 1(1 0 1' N Juris fiction Si 9FMTdR Date Crcu � L armor, Printed Nldne Title Address: 13125- -5 i si A a 1 Tzaaa) WASHINGTON COUNTY: Signature Date Sia Lindstrom Sr. Deputy County Admin. Printed Name Title Address: Mail Stop# Hillsboro, OR PAGE 2 OF 2 - INTERGOVERNMENTAL AGREEMENT Rev. 10/6/05 ATTACHMENT A Statement of Work/Schedule/Payment Terms County's Responsibilities: 1 The County shall coordinate efforts to meet the goals of the State Health Service's West Nile Virus (WNV) response plan 2 The County shall coordinate public education related to matters of public health and human behavior related to vector-borne disease throughout Washington County 3 The County shall work with state and local health, veterinarian, agricultural, and wildlife organizations to survey and track human, equine, and avian cases of WNV 4 The County shall alert those subject to this Intergovernmental Agreement of confirmed WNV cases 5 The County shall employ a Mosquito Control Coordinator to design and develop a sampling program and train City staff on mosquito sampling procedures 6 The County shall establish a schedule for City staff to submit larval and adult mosquito samples. The County Mosquito Control Coordinator shall process and track larvae and adult mosquito samples collected by City staff 7 The County shall provide larvicide product to the City to treat publicly owned sumped catch basins under city control 8 Based on surveillance information collected from the City, the County will identify habitats based on risk and advise the City on appropriate control measures and control schedules. 9 The County shall maintain a database of all treated sumped catch basin and aquatic habitats based on information provided by the City 10 The County shall maintain a database mapping complaints, surveillance findings and mosquito control work CITY RESPONSIBILITIES 1. The City shall utilize and distribute public education materials provided by the County and Clean Water Services (CWS), in order to maintain a consistent regional communication strategy 2 The City shall actively educate neighborhood associations, community participation organizations, and other citizen groups, and encourage private property source reduction efforts and other personal behaviors that will reduce risk of exposure 3 The City shall report bird and mosquito complaints that it receives to the County 4 The City shall, in cooperation with CWS, identify locations of storm water facilities and aquatic features that may produce mosquitoes and provide that information to the County to integrate with the County's complaint and surveillance information 5 The City shall provide the county Mosquito Control Coordinator with information for the County to design, develop and conduct a regional larval and adult mosquito sampling regime that will include representative catch basins, storm water facilities, and natural wetlands within the City's existing water quality sampling area throughout the mosquito season (March through October) PAGE 1 - ATTACHMENT A C\DIX um®ts and Se=gsVmanwU—al Se gs\Temporary Internet Foes\Cont®t Outlook\OSYAPU48\ATTACFA4:ENT A CITIES da ATTACHMENT A Statement of Work /Schedule/Payment Terms 6 The City shall deliver larval and adult mosquito samples to the County Mosquito Control Coordinator for processing and tracking on the schedule established by the County 7 The City shall implement mosquito control measures as recommended by the County for sites under the control of the City 8 The City shall maintain catch basins and storm water facilities to limit the presence of standing water and decaying organic debris (particularly dead cattails and grass clippings) The City shall install habitat features as appropriate to promote amphibian, bird, and predatory insect (dragonfly)populations that feed on mosquito larva 9 The City shall treat all publicly owned sumped catch basins with larvicide on a schedule agreed upon with the Washington County Mosquito Coordinator The City will provide the County with monthly reports of areas treated 10 The City will implement other mosquito control tasks based on public health risk as determined by the County In the event the City is unable to implement mosquito control tasks in a timely manner the City will notify the County and request assistance 11 The City will report product treatments to the Oregon Department of Agriculture following Pesticide Use Reporting System guidelines by January 31St of the year following the treatment Unless otherwise specified herein, the parties agree that there will be no monetary compensation paid to the other, that each shall bear their own costs and that reasonable and beneficial consideration exists to support this agreement PAGE2 — ATTACHMENT A C\Documenks and Seumgskathy\Local Seumgs\Temporarylntemet H-Conteni Outlook 04UKI.IPLWATTACHMENTA CITIES doe INTERGOVERNMENTAL AGREEMENT This'Agreem" ent is entered into, by and between Washington County, a political subdivision of the State of Oregon,,and the City of Tigard. WHEREAS ORS 190.010 authorizes the parties to enter into this Agreement for the performance of any or all functions and activities that a party to the Agreement has authority to perform. Now, therefore, the parties agree as follows: 1) The effective date is: February 1, 2007, or upon final signature, whichever is later. The expiration date is: February 1, 2009; unless otherwise amended. 2) The parties agree to the terms and conditions set forth in Attachment A, which is incorporated herein, and describes the responsibilities of the parties, including compensation, if any. 3) Each party shall comply with all applicable federal, state and local laws; and rules and regulations on non-discrimination in employment because of race, color, ancestry,national origin,religion, sex, marital status, age,medical condition or handicap. 4) To the extent applicable,the provisions of ORS 279B.220 through ORS 279B.235 and ORS 279C.500 through 279C.870 are incorporated by this reference as though fully set forth. 5) Each party is an independent contractor with regard to each other party(s) and agrees that the performing party has no control over the work and the manner in which it is performed. No party is an agent or employee of any other. 6) No party or its employees is entitled to participate in a pension plan, insurance,bonus, or similar benefits provided by any other party. 7) This Agreement may be terminated,with or without cause and at any time,by a party by providing (30 if not otherwise marked)days written notice of intent to the other party(s). 8) Modifications to this.Agreement are valid only if made in writing and signed by all parties. 9) Subject to the limitations of liability for public bodies set forth in the Oregon Tort Claims Act, ORS 30.260 to 30.300, and the Oregon Constitution, each party agrees to hold harmless, defend, and indemnify each other, including its officers, agents, and employees, against all claims,demands, actions and suits (including all attorney fees and costs) arising from the indemnitor's performance of this Agreement where the loss or claim is attributable to the negligent acts or omissions of that party. 10) Each party shall give the other immediate written notice of any action or suit filed or any claim made against that party that may result in litigation in any way related to this Agreement. PAGE 1 OF 2 - INTERGOVERNMENTAL AGREEMENT Rev. 10/6/05 11) Each party agrees to maintain insurance levels or self-insurance in accordance with ORS 30.282, for the duration,of'this Agreement at levels necessary to protect against public body liability as specified in ORS 30.270. 12) Each party agrees to comply with all local, state and federal ordinances, statutes, laws and regulations that are applicable to the services provided under this Agreement. 13) This Agreement is expressly subject to the debt limitation of Oregon Counties set forth in Article XI, Section 10 of the Oregon Constitution, and is contingent upon funds being appropriated therefor. 14) This writing is.intended both as the final expression of the Agreement between the parties with respect to the included terms and as a complete and exclusive statement of the terms of the Agreement. WHEREAS, all the aforementioned is hereby agreed upon by the parties and executed by the duly authorized signatures below. Jurisdiction Signa re Date C,r 'T-C, E. �rRKS �t`IJ� Printed Name Title Address: 131 D,� 5 W H w L-v-D WASHINGTON COUNTY: Signa Date Don Bohn Asst.County Administrator Printed Name Title Address: 155 N First Mail Stop# 5 Hillsboro, OR 97124 PAGE 2 OF 2 - INTERGOVERNMENTAL AGREEMENT Rev. 10/6/05 ATTACHMENT A Statement of Work/Schedule/Payment Terms County's Responsibilities: 1. The County shall coordinate efforts to meet the goals of the State Health Service's West Nile Virus (WNV) response plan. 2. The County shall coordinate public education related to matters of public health and human behavior related to vector-borne disease throughout.Washington County. 3. The County shall work with state and local health, veterinarian, agricultural; and wildlife organizations to survey and track human, equine, and avian cases of WNV. 4. The County shall alert those subject to this Intergovernmental Agreement of confirmed WNV cases. 5. The County shall employ a Mosquito Control Coordinator to design and develop a sampling program and train City staff on mosquito sampling procedures. 6. The County shall establish a schedule for City staff to submit larval and adult mosquito samples. The County Mosquito Control Coordinator shall process and track larvae and adult mosquito samples collected by City staff.' 7. The County shall provide larvicide product to the City to treat publicly owned sumped catch basins under city control. 8. Based on surveillance information collected from the City, the County will identify habitats based on risk and advise the City on appropriate control measures and control schedules. 9. The County shall maintain a database of all treated sumped catch basin and aquatic habitats based on information provided by the City. 10. The County shall maintain a database mapping complaints, surveillance findings and mosquito control work. CITY RESPONSIBILITIES 1. The City shall utilize and distribute public education materials provided by the County and Clean Water Services (CWS), in order to maintain a consistent regional communication strategy. 2. The City shall actively educate neighborhood associations, community participation organizations; and other ,citizen, groups, and encourage, private property source reduction efforts and other personal;behaviors that will reduce risk of exposure. 3. The City shall report bird and mosquito complaints that it receives to the County. 4. The City shall, in cooperation with CWS, identify locations of storm water facilities and aquatic features that may produce mosquitoes and provide that information to the County to integrate with the County's complaint and surveillance information. 5. The City. shall provide the county Mosquito Control Coordinator with information for the County to design, develop and conduct a regional larval and adult mosquito sampling regime that will include representative catch basins, storm water facilities, and natural wetlands within the City's existing water quality sampling area throughout the mosquito season (March through October). 6. The City shall deliver larval and adult mosquito samples to the County Mosquito Control Coordinator for processing and tracking on the schedule established by the County. PAGE 1 - ATTACHMENT A 1AI MC—il Pucke%\2007\021707\WNV ATTACHMENT A-CITIES 2007.doc ATTACHMENT L 1 Statement of Work /Schedule/Payment Terms 7. The City shall implement mosquito control measures as recommended by the County for sites under the control of the City. 8. The City shall maintain catch basins and storm water facilities to limit the presence of standing water and decaying organic debris (particularly dead cattails and grass clippings). The City shall install habitat features as appropriate to promote amphibian, bird, and predatory insect(dragonfly)populations that feed on mosquito larva. 9. The City shall treat all publicly owned sumped catch basins with larvicide twice a year, with each treatment no more than three months apart,between May 1" and August 31S`. The City will provide the County with monthly reports of areas treated. The weekly report will include treatment areas, dates and applicator name(s) as well as indicate locations of new catch basins. 10. The City will implement other mosquito control.tasks based on public health risk as determined by the County. In the event the City is unable to implement mosquito control tasks in a timely manner the City will notify the County and request assistance. 11. The City will report product treatments to the Oregon Department of Agriculture following Pesticide Use Reporting System guidelines by January 31"of the year following the treatment. Unless otherwise specified herein, the parties agree that there will be no monetary compensation paid to the other, that each shall bear their own costs and that reasonable and beneficial consideration exists to support this agreement. PAGE 2 - ATTACHMENT A 1APW\Ca it P.ckdt\2007021307\NVNV ATTACHMENT A-CITIES 2007A.o Copies to: Mayor Other: /0.4 O5-0. � Councilors U41 (/ UUU City Manager [ a".'E I V E'D C.0,1 Council Mail t' Mayor's Calendar — JUi 2, 1 2005 INTERGOVERNMENTAL AGREEMENT Administration This Agreement is entered into,by and between Washington County, a political subdivision of the State of Oregon,and the City of Tigard. WHEREAS ORS 190.010 authorizes the parties to enter into this Agreement for the performance of any or all functions and activities that a party to the Agreement has authority to perform. Now,therefore,the parties agree as follows: 1) The effective date is: 03/15/05,or upon final signature,whichever is later. The expiration date is: 12/31/05 which shall be automatically renewed until 12/31/06; unless otherwise amended. 2) The parties agree to the terms and conditions set forth in Attachment A,which is incorporated herein, and describes the responsibilities of the parties,including compensation, if any. 3) Each party shall comply with all applicable federal,state and local laws;and rules and regulations on non-discrimination in employment because of race,color,ancestry,national origin,religion,sex, marital status,age,medical condition or handicap. 4) To the extent applicable,the provisions of ORS 279C.500 through ORS 279C.870 are incorporated by this reference as though fully set forth. 5) Each party is an independent contractor with regard to each other party(s)and agrees that the performing party has no control over the work and the manner in which it is performed. No party is an agent or employee of any other. 6) No party or its employees is entitled to participate in a pension plan,insurance,bonus,or similar benefits provided by any other party. 7) This Agreement may be terminated,with or without cause and at any time,by a party by providing (30 if not otherwise marked)days written notice of intent to the other party(s). 8) Modifications to this Agreement are valid only if made in writing and signed by all parties. 9) Subject to the limitations of liability for public bodies set forth in the Oregon Tort Claims Act, ORS 30.260.to 30.300,and the Oregon Constitution,each party agrees to hold harmless,defend,and indemnify each.other,including its officers,agents,and employees, against all claims,demands, actions and suits(including all attorney fees and costs)arising from the indemnitor's performance of this Agreement-where the loss or claim is attributable to the negligent acts or omissions of that part'- 10) Each party shall give the other immediate written notice of any action or suit filed or any claim made against that party that may result in litigation in any way related to this Agreement. PAGE I OF 2 - INTERGOVERNMENTAL AGREEMENT caraoNTmerFnnmAmRoowe mw.0NsvcA_,,.s'98 11) Each party agrees to maintain insurance levels or self-insurance in accordance with ORS 30.282, for the duration of this Agreement at levels necessary to protect against public body liability as specified in ORS 30.270. 12) Each party agrees to comply with all local, state and federal ordinances, statutes,laws and regulations that are applicable to the services provided under this Agreement. 13) This Agreement is expressly subject to the debt limitation of Oregon Counties set forth in Article XI, Section l0.of the Oregon Constitution,and is contingent upon funds being appropriated therefor. 14) This writing is intended both as the final expression of the Agreement between the parties with respect to the included terms and as a complete and exclusive statement of the terms of the Agreement. WHEREAS,all the aforementioned is hereby agreed upon by the parties and executed by the duly authorized signatures below. L]2 Jurisdiction Signa a Date C-raiQ E. Printed 14ame Title Address: 130 5 S W a U 03l V - , TLCf 0_(L q_7 Iof WASHINGT C TY• MAY 2 3 2005 Signature Date Dave Maertens Sr. Deputy County Admin. Printed Name Title Address: Mail Stop# Hillsboro,OR PAGE 2 OF 2 - INTERGOVERNMENTAL AGREEMENT cM=M'Rucr MANASTMoorffswR00 S4GA-11-91-sa + ATTACHMENT A Statement of Work /Schedule/Poment Terms County's Responsibilities: 1. The County shall coordinate efforts to meet the goals of the State Health Service's West Nile Virus(WNV)response plan. 2. The County shall coordinate public education related to matters of public health and human behavior throughout Washington County. 3. The County shall work with state and local health,veterinarian, agricultural, and wildlife organizations to survey and track human, equine,.and avian cases of WNV. The County shall alert those subject to this Intergovernmental Agreement of confirmed cases. 4. The County shall employ an entomologist to design/develop sampling program, train City staff on sampling process,process mosquito larva,and collect and process adult samples. 5. The County shall provide larvicide product to the City to treat publicly owned sumped catch basins under city control. 6. The County will keep a database of all treated sumped catch basin sites based on reporting provided by cities. 7. The County_shall develop a complaint log, train appropriate staff and partners, maintain a database mapping complaints and surveillance findings. CITY RESPONSIBILITIES 1. The City shall utilize and,.distribute public education materials provided by the County and Clean Water Services, in order to maintain.a consistent regional communication strategy. 2. The City shall report mosquito complaints to the County. 3. The City shall work with the County entomologist to design/develop and conduct a regional water sampling regime that will include representative catch basins, storm Iwater facilities, and natural wetlands throughout areas within their boundaries throughout the mosquito season(March through October). 4. The City shall deliver water/larva samples to the County entomologist for processing and tracking. 5. The City shall actively educate neighborhood associations, community participation organizations, and other citizen groups, and encourage private property source reduction efforts and other personal behaviors that will reduce risk of exposure. 6. The City shall maintain catch basins and storm water facilities to limit the presence of standing water and decaying organic debris(particularly dead cattails and grass clippings).: 7. The City shall treat all publicly,owned sumped catch basins with larvicide between May 1, 2005 and June 30,2005'. The City will provide the County with.weekly reports of work completed. The weekly report will include the GPS coordinates of all treated sumped catch basins. 8. The City shall install habitat features as appropriate to promote amphibian, bird, and predatory insect(dragonfly)populations that feed on mosquito larva. PAGE.1 -ATTACHMENT A I WV,wC„M_ ,,,wNV 20MM WNV IGA And-.t A. ATTACHMENT A Statement of Work/Schedule/Payment Terms 9. The City will implement other mosquito control tasks based on public health risk as determined by the County-. Unless otherwise specified''herein,the parties agree that there will be no monetary compensation paid to the other, that each shall bear their own costs and that reasonable and beneficial consideration exists to supportthis agreement. PAGE 2-ATTACHMENT A IAMWWN;k-Sked"V/W20 AMVIWIGwanh.KW.&c C� 03 INTERGOVERNMENTAL AGREEMENT This Agreement is entered into,by and between Washington County, a political subdivision of the State of Oregon, and City of Tigard. WHEREAS ORS 190.010 authorizes the parties to enter into this Agreement for the performance of any or all functions and activities that a party to the Agreement has authority to perform. Now;therefore, the parties agree as follows: 1) The effective date is: 03/01/03,or upon final signature, whichever is later. The expiration date is: 12/31/03,which shall be automatically renewed until 12/31/04; unless otherwise amended. 2) The parties agree to the terms and conditions set forth in Attachment A, which is incorporated herein, and describes the responsibilities of the parties, including compensation, if any. 3) Each party shall comply with all applicable federal,state and local laws;and rules and regulations on non-discrimination in employment because of race,color,ancestry,national origin,religion,sex, marital status, age,medical condition or handicap. 4) To the extent applicable,the provisions of ORS 279.312,279.313,279.3`14,279.316,279.320 and 279.334 are incorporated by this reference as though fully set forth. 5) Each party is an independent contractor with regard to each other party(s)and agrees that the performing party has no control over the work and the manner in which it is performed. No party is an agent or employee of any other. 6) No party or its employees is entitled to participate in a pension plan, insurance,bonus,or similar benefits provided by any other party. 7) This Agreement may be terminated,with or without cause and at any time;by a party by providing 180 days(30 if not otherwise marked)days written notice of intent to the other party(s). 8) Modifications to this Agreement are valid only if made in writing and signed by all parties. 9) Subject to the limitations of liability for public bodies set forth in the Oregon Tort Claims Act,ORS 30.260 to 30.300,and the Oregon Constitution,each party agrees to hold harmless,defend,and indemnify each other, including its officers,agents,and employees,against all claims,demands, actions and suits (includingall attorney fees and costs)arising from the indemnitor's performance of this Agreement where the loss or claim is attributable to the negligent acts or omissions of that party- 10) arty10) Each party shall give the other immediate written.notice of any action or suit filed or any claim made against that party that may result in litigation in any way related to this Agreement. PAGE I OF 2 - INTERGOVERNMENTAL AGREEMENT cwmmmcrFRWMMIEROOPIESMRIZONMA-11-9-98 11) Each party agrees to maintain insurance levels or self-insurance in accordance with ORS 30.282,. for the duration of this Agreement at levels necessary to protect against public body liability as specified in ORS 30.270. 12) Each party agrees to comply with all local, state and federal ordinances, statutes, laws and regulations that are applicable to the+services;provided under this Agreement. 13) This Agreement is expressly subject to the debt limitation of Oregon Counties set forth in Article XI, Section 10 of the Oregon Constitution,and is contingent upon funds being appropriated therefor. 14) This writing is intended both as the final expression of the Agreement between the parties with respect to the included terms and as a complete and exclusive statement of the terms of the Agreement. WHEREAS,all the aforementioned is hereby agreed upon by the parties and executed by the duly authorized signatures below. CITY OF TIGARD Jurisdiction t MARCH 25, 2003 ignature Date .TAMES E. GRIFFITH MAYOR Printed Name Title Address: 13125 S.W. HALL BLVD., TIGARD, OR 97223 WASHIN O C NTY: k C� - _ Signature Date' Dave Ma0ens Sr..Deputy County Admin, Printed Name Title Address: Mail Stop# Hillsboro,OR PAGE 2 OF 2 INTERGOVERNMENTAL AGREEMENT cmmwRActmwmuuRooMetiwowMMA-1141" AIT'ACHMNT A Statement of Wor /ScheduleTaY=nt Terms COUN' IS RESPONSIBIL= 1. County shall coordinate efforts to meet the goals of the State Health Service's West Nile Virus(WNV)response plan. 2. County shall coordinatepublic education related to matters of public health and human behavior throughout Washington County. I County$ball work with state:and local health,veterinarian,agricultural.and wildlife organizations to survey and'track human,equine,and avian cases of WNV. County shall alert those subject to this Intergovernmental Agreement of confirmed cases. 4. County shall employ an entomologist to design/develop sampling program, train Clean Water Services and Local Jurisdictions (Cities) staff on sampling process, process mosquito larva,and collect and process adult samples. 5. County shall develop a complaint log, train appropriate staff and partners, maintain a database mapping complaints and surveillance findings. LOCAL JURISDICTION RESPONSIBILITYES 1. Local Jurisdiction shall utilize and distribute public education materials provided by the County and CWS,in order to maintain a consistent regional communication strategy. 2. Local Jurisdiction shall report mosquito complaints to the County. 3. Local jurisdictions shall work with county-contracted entomologist, to design/develop and conduct a regional water sampling regime that will include representtive catch basins,stone water facilities,and natural wetlands throughout areas within their boundaries throughout the mosquito season(March thru October). 4. Local jurisdictions shall deliver water/larva samples to County entomologist for processing and tracking. 5. Local Jurisdiction shall actively educate neighborhood associations,community participation organizations, and other citizen groups, and encourage private property,source reduction efforts and other personal behaviors that will reduce risk of exposure. 6. Local Jurisdiction shall maintain catch basins and storm water facilities to limit the presence of standing water and decaying organic debris(particularly dead cattails and grass clippings). Local Jurisdiction shall install habitat features as appropriate to promote amphibian,bird,and predatory insect(dragonfly)populations that feed on mosquito larva. 7. Local Jurisdiction shall implement mosquito control tasks based on public health risk as determined by the County. The parties agree that there will be no compensation paid to the other,that each shall bear their own costs and that the reasonable and good consideration exists to form this agreement. PAGE 1 -ATTACHMENT A oeawoa,