MEMORANDUM OF AGREEMENT
between
City of Portland, Oregon
and the
Columbia Slough Watershed Council
I INTRODUCTION
This Agreement is entered into in the spirit of partnership with the aim of leveraging resources, energy and knowledge to further the environmental restoration goals of the Columbia Slough watershed. It is understood that the restoration of the watershed is a task that will require sustained effort by and cooperation among a host of partners. It is hoped that the example of this partnership will encourage others to join in this important effort. This agreement provides a means for the City of Portland (City) to receive project funding for watershed restoration activities from the Columbia Slough Watershed Council (Watershed Council).
1. This Agreement creates a framework within which the City and the Watershed Council can effectively cooperate to achieve watershed restoration within the Columbia Slough watershed.
2. Areas that are governed by this Agreement are those actions and projects included within the Watershed Council’s Action Plan and additional projects and actions ranked and approved by the Watershed Council’s Action Plan Implementation Committee (APIC).
II FINDINGS AND DECLARATIONS
WHEREAS: The Columbia Slough has been identified as a water quality limited water body and the Federal Clean Water Act, Section 303 requires Total Maximum Daily Loads to be established on water quality limited water bodies.
WHEREAS: The Columbia Slough watershed encompasses valuable wetlands, riparian forests, uplands and other habitats that support the important biodiversity of the region.
WHEREAS: The Columbia Slough Watershed encompasses 5% of Oregon’s population and the mission of the Watershed Council is “to foster action to protect, enhance, restore and revitalize the Columbia Slough and its watershed.”
WHEREAS: Portland City Council approved a resolution calling on the City to assist with the recovery of listed species and is an active partner with National Oceanic and Atmospheric Administration (NOAA) Fisheries, Oregon Department of Fish and Wildlife and other regional jurisdictions in the development of comprehensive recovery plans for listed salmonids. The City has conducted extensive habitat and fish surveys to support Endangered Species Act (ESA) related planning and implementation and has documented the use of the Lower Columbia Slough by native salmonids, and the goals of the ESA program include efforts to create and restore habitats used by native salmonids.
WHEREAS: The Watershed Council receives grants and funding from various sources and wishes to provide funds to the City for the purposes of Columbia Slough watershed restoration
Therefore: The undersigned parties enter into the following Agreement:
ROLES AND RESPONSIBILITIES
1. City:
a. The City shall provide project managers for watershed restoration projects of its choice. The project managers will develop relevant contracts, secure permits, provide project oversight and approve invoices for payment. City staff will also participate in securing funds and other resources for project implementation. Project managers will provide information to the Watershed Council about project development and implementation. The City may provide a variety of project match and in-kind support and services. City staff will participate in Watershed Council and APIC meetings.
b. Based on project budgets developed in cooperation with the Watershed Council, the City shall develop contracts for projects. The City will select project contractors and administer project contracts. The City may also provide professional services for Watershed Council projects. The City will approve and forward all invoices for project work conducted by its contractors and employees to the Watershed Council for payment. The Watershed Council will pay all invoices within forty five (45) days of receipt. The City may choose to pay its contractors and employees directly for services and submit invoices the Watershed Council for reimbursement. The City will track cash, in-kind and match funds related to each project.
c. The City will provide copies of all contracts, project designs, project agreements, and approved invoices to the Watershed Council in a timely manner. The City shall provide relevant information for grant applications, project reports and public information documents to the Watershed Council.
2. Watershed Council:
a. The Watershed Council shall act as a liaison with agencies, institutions, organizations and other funders to obtain funding for a variety of watershed restoration projects.
b. The Watershed Council will act as the financial agent for projects and will provide funds to the City for all costs incurred by the City related to mutually approved watershed restoration projects. The Watershed Council will follow the Generally Acceptable Accounting Principals for Non- Profit Management in accordance with the Office of Management and Budget circular A-133 and State of Oregon non- profit regulations.
c. The Watershed Council shall maintain a history of this Agreement and all modifications to this Agreement. The Watershed Council shall also maintain a history of all project agreements and all modifications to all project agreements.
d. The Watershed Council shall solicit and receive funds from a variety of funders. The Watershed Council will develop a budget for each project in cooperation with the City. An administrative fee ranging from 0-15% may be charged to the projects to reimburse the Watershed Council for its costs. The City is not responsible for paying these costs. The fees for each project will be determined on a project-by-project basis and documented in a project agreement letter signed by the City’s project manager and Watershed Council representative. The Watershed Council will record in-kind and match funds associated with projects. The Watershed Council shall provide payment to the City or project contractors by the due date of approved invoices.
e. The Watershed Council will provide information to the public about projects through its meetings, workshops, website, newsletter and other news venues.
It will provide reports to funders as required.
3. City and Watershed Council Jointly:
a. The City and Watershed Council shall explore ways to provide public participation for the projects to provide opportunities for public review and comment, reach a broad cross-section of the interested public, provide opportunities for diverse views to be represented on committees reviewing projects and consider public input in advance of decision-making.
b. The City and Watershed Council shall explore ways to share resources and coordinate implementation so that project development and implementation will be as smooth, timely and cost-effective as possible.
c. The City and Watershed Council shall work cooperatively to secure joint approval of the goals, objectives, implementation plan, budget and financing of each project before funds are committed and contracts are executed. Once a project is begun, the City and Watershed Council shall adhere to the goals, objectives, implementation plan and budget. Both parties will approve modifications to budgets in writing. In the event of disputes over project objectives, implementation plans, budgets or individual items of expense, the City and Watershed Council shall strive to find a mutually acceptable solution. If necessary, the City and Watershed Council agree to resolve such disputes by engaging the services of a mutually acceptable mediator. If the parties are unable to agree upon a mutually acceptable mediator, a mediator shall be appointed by the presiding judge of the Multnomah County Circuit Court.
CONTACT PERSONS:
City
Primary Contact: Susan Barthel, Program Coordinator 503-823-7268
Secondary Contact: Ry Thompson, Environmental Technician 503-823-5760
Watershed Council
Primary Contact: Chuck Sams, Executive Director 503-281-1132
Secondary Contact Chuck Harrison, Council Chair 503-280-1540
EFFECTIVE DATE AND DURATION
This Agreement shall take effect upon signature by both parties. The agreement shall be reviewed no later than seven (7) years from date of Agreement.
EARLY TERMINATION
The City and Watershed Council, by mutual written agreement, may terminate this Agreement at any time.
Either party may terminate this Agreement upon thirty days notice. The party seeking to terminate the Agreement shall provide the other party with a written notice of intent to do so with the explanation of why such action is to be taken.
COLUMBIA SLOUGH
WATERSHED COUNCIL
By _________________________
Chuck Harrison, Chair
____________________________
Date
CITY OF PORTLAND
By ________________________
Dean Marriott, Bureau Director
Environmental Services
_____________________________
Date
APPROVED AS TO FORM:
City Attorney
_________________________
Date
Attachment A
to the Memorandum of Agreement
between the
City of Portland, Oregon (City)
and the
Columbia Slough Watershed Council (Watershed Council)
Background and Purpose:
The successful restoration of the Columbia Slough watershed will be accomplished through the efforts of many partners. The Watershed Council identifies projects and programs of mutual interest to the Watershed Council, governments, agencies, private parties and other stakeholders. It does not directly construct projects or undertake studies. Its role is to facilitate action and partnerships with stakeholders. This Agreement provides a means for the City to receive project funding for watershed restoration activities from the Watershed Council.
Types of Projects and Actions:
The Watershed Council’s Columbia Slough Watershed Action Plan (June 2003) lists and prioritizes more than 100 watershed restoration projects. Newly identified projects and opportunities are directed to the Watershed Council’s Action Plan Implementation Committee (APIC) for evaluation and action. The committee maintains minutes documenting its work.
Project champions are individuals and groups with a strong interest and commitment to Action Plan projects and actions. Champions provide a variety of critical services including project management, fundraising, monitoring and oversight. The City and many others will be project champions.
Action Plan projects fall into the following categories:
Watershed Restoration and Enhancement Water Quality and Quantity
Resource Collection Outreach and Education
Monitoring Recreation
The Watershed Council’s website www.columbiaslough.org contains a current draft of the Action Plan. The APIC provides monthly project updates at the Watershed Council’s regular meetings. Watershed Council staff and project champions solicit funds from a variety of sources to support Action Plan projects.
The City of Portland is responsible for Columbia Slough watershed health. It implements projects that protect human health and safety, improve water and sediment quality, protect and enhance biological communities and habitat, improve Slough hydrology, and provide public involvement and education opportunities. Projects that benefit the City and meet its goals and objectives for Columbia Slough watershed health are anticipated in Portland’s River Renaissance program and Watershed Plans and its Endangered Species Act Program as well as many other plans and activities.