AGREEMENT
BETWEEN THE CITY OF PORTLAND AND THE
OREGON ASSOCIATION OF CLEAN WATER AGENCIES
REGARDING LABORATORY ANALYTICAL SERVICES
This Agreement is entered into on November 26, 2003 between the Oregon Association of Clean Water Agencies (ACWA) and the City of Portland, Oregon (Portland).
RECITALS
WHEREAS, the goal of this Agreement is to provide laboratory analytical services for ACWA by Portland and;
WHEREAS, ACWA is coordinating a study involving eleven jurisdictions to evaluate the effectiveness of various Best Management Practices to treat and/or prevent stormwater contamination in accordance with OAR 340-44 and;
WHEREAS, the purpose of this Agreement is to detail the responsibilities, compensation and services to be provided by each party.
NOW THEREFORE, the parties agree to the following:
1. SCOPE OF PORTLAND’S SERVICES
A. Portland shall be responsible for providing laboratory analytical services (including methods and rates) to ACWA as shown in the attached fee schedules (Exhibit A and Exhibit B). The fee schedule provided in Exhibit A is applicable to the City of Portland fiscal year (FY) 03/04 only. The fee schedule provided in Exhibit B will be in effect in FY 04/05.
B. Portland shall provide ACWA with all necessary sample bottles, ice-chests, and chain-of-custody documents.
C. Portland shall provide a 14-day turn-a-round time on all sample analyses results, except in the event of delay caused by conditions beyond Portland’s reasonable control. In the event of delay, Portland shall promptly notify ACWA of the delay and provide an estimated time for turn-a-round of the delayed sample analyses.
D. Portland shall provide data reports listing the analyses results, detection limits, methods used and routine quality assurance/quality control documentation as requested.
2. SCOPE OF ACWA's SERVICES
A. ACWA shall be responsible for transporting the samples to the Water Pollution Control Laboratory in Portland.
B. ACWA shall be responsible for review and acceptance of all products prepared by Portland.
3. COMPENSATION
ACWA shall reimburse Portland promptly for costs incurred in accordance with Section 5 STATEMENT AND PAYMENT PROCEDURE. ACWA shall pay Portland within 30 days of being invoiced. ACWA shall pay Portland for laboratory services according to analyses performed as shown in the attached schedule of rates for services provided through June 30, 2004 (Exhibit A). For services provided after June 30, 2004, a different schedule of rates for services shall be in effect (Exhibit B). The total amount for the 03/04 through 04/05 fiscal years shall not exceed $25,000. If the not-to-exceed amount is reached, this Agreement shall automatically terminate unless the parties agree in writing to an amended not-to-exceed amount.
The parties recognize and agree that some of the activities and obligations for reimbursement addressed in this Agreement have or will commence or arise prior to the effective date of this Agreement.
4. EFFECTIVE AND TERMINATION DATES
This Agreement shall be effective as of the date it is signed by all parties and shall terminate as of June 30, 2005.
5. STATEMENT AND PAYMENT PROCEDURE
Portland’s statement and ACWA's payment procedures shall be as set out below.
On a quarterly basis, Portland’s project manager, Atina Casas, shall submit to ACWA's project manager, Janet Gillaspie, a detailed statement describing laboratory analyses performed during that time period. The statement shall include all analytical costs related to this Agreement. Portland will furnish ACWA such statements or reports of expenditures as may be needed to satisfy fiscal requirements.
Payment of the amounts set out in paragraph 3 above shall be made to City of Portland, no later than 30 days of being invoiced, and shall be sent to:
City of Portland
Accounting Division, Office of Finance and Administration
Accounts Receivable
1120 SW Fifth Avenue, Room 1250
Portland, OR 97204
6. EARLY TERMINATION OF AGREEMENT
A. Portland and ACWA, by mutual written agreement, may modify, amend, or terminate this Agreement at any time.
B. Either Portland or ACWA may terminate this Agreement in the event of a breach of the Agreement by the other. Prior to such termination, however, the party seeking the termination shall give to the other party written notice of the breach and of the party’s intent to terminate. If the party has not cured the breach within thirty (30) days of the notice, then the party giving the notice may terminate the Agreement at any time thereafter by giving a written notice of termination.
C. Either Portland or ACWA may terminate this Agreement in the event of Portland’s Water Pollution Control Laboratory is rendered inoperable by an Act of God.
7. INDEMNIFICATION
To the extent permitted by the Oregon Tort Claims Act, Portland agrees to indemnify, defend, and hold harmless ACWA from any and all claims, demands, suits, and actions (including attorney fees and costs) resulting from or arising out of the acts of Portland and its officers, employees, and agents in performance of this Agreement. To the extent permitted by the Oregon Tort Claims Act, ACWA agrees to indemnify, defend, and hold harmless Portland from any claims, demands, suits, and actions (including attorney fees and costs) resulting from or arising out of the acts of ACWA and its officers, employees, and agents in performance of this Agreement.
8. FUNDS
Portland and ACWA certify that sufficient funds are available during the 2003/04 through 2004/05 fiscal years and are authorized for expenditure to finance the cost of the Agreement.
CITY OF PORTLAND ACWA
By:_____________________ By:_____________________
Dean Marriott, Bureau Director Janet Gillaspie
Date:____________________ Date:___________________
By:______________________
Gary Blackmer, Auditor
Date:_____________________
APPROVED as to form:
By:______________________
Portland City Attorney