INTERGOVERNMENTAL AGREEMENT
This Intergovernmental Agreement (IGA) is entered into by and between the City of Portland (CITY) acting by and through its Bureau of Environmental Services, hereafter called BES and Clean Water Services hereafter called the District.
This IGA is authorized pursuant to ORS 190.110 and becomes effective upon full execution of this document.
PURPOSE
BES and the District desire to work together to control two invasive species: Garlic mustard (Alliaria petiolata) and Knotweed (Japanese, giant and Himalayan (Polygonum sp.)). Garlic mustard has great potential for adverse environmental impacts. Garlic mustard disrupts the mutually beneficial relationship between trees and mycorrhizal (root) fungi. Invasion by garlic mustard along roads and streams may affect mature forest communities by repressing the regeneration of trees. Tree canopy provides shade which helps keep water cool.
Garlic mustard’s susceptibility to treatment makes it a good candidate for timely control efforts aimed at preventing widespread establishment. Extensive searches in spring 2007 identified that most of the Tualatin Basin’s garlic mustard infestation is currently in the City of Portland, and assistance from the District was needed to prevent its rapid expansion. In 2008, BES and the District signed an IGA to partner with the District to control garlic mustard in Portland. Through that work, data was collected on, and permissions secured to control, a variety of invasive plants including Knotweed.
Knotweed has escaped from gardens and is an extremely fast growing streamside weed. Knotweed invades creek banks, permanently displacing native vegetation needed for critical fish and wildlife habitat. Due to massive and vigorous root systems, large patches are difficult to eradicate. Root fragments as small as a half inch can start new plants downstream.
By this IGA, the District and CITY agree to plan and implement a garlic mustard and knotweed control program along streams as mapped for the Tualatin Basin in Attachment C, Map and BES agrees to reimburse the District for costs associated with the provision of these services as described in this document.
GENERAL PROVISIONS
1. Effective Date and Duration. This IGA is effective from the date of execution by both parties. Costs may be incurred from February 1, 2009. Unless earlier terminated or extended, this IGA shall expire when the District’s completed performance has been accepted by BES, or June 30, 2010, whichever date occurs first.
2. Statement of Work. The statement of work, (the “Work”) including the delivery schedule for such Work, is contained in Attachment A. The District agrees to perform the Work in accordance with the terms and conditions of this IGA.
3. Consideration. BES agrees to pay the District a cost-reimbursable sum of $9,000 for FY 2008/09 and $15,000 for FY 09/10 not to exceed $24,000 total as allocated in Attachment B.
4. Project Representatives. Each party has designated a project manager to be the formal representative for this project. All reports, notices, and other communications required under or relating to this IGA shall be directed to the appropriate individual.
BES Clean Water Services (District)
Project Manager: Jennifer Devlin Project Manager: Peter Guillozet
Organization: City of Portland Organization: Clean Water Services (District)
Address: Environmental Services Address: 2550 SW Hillsboro Hwy
1120 SW Fifth Ave., Suite 1000 Hillsboro, OR 97123
Portland, OR 97204
Phone: 503- 823-6182 Phone: 503-681-4470
Fax: 503-823-5344 Fax: 503-681-3603
Email: jenniferd@bes.ci.portland.or.us Email: GuillozetP@CleanWaterServices.org
5. Subcontracts. The District shall not enter into any subcontracts for any of the work scheduled under this IGA without obtaining prior written consent from the BES Project Manager, except for weed control contractors.
6. IGA Documents. This IGA consists of the following documents, which are listed, in descending order of precedence: This IGA less all Attachments, Attachment A, Work Statement, Attachment B, Budget and Attachment C, Map. All Attachments are hereby incorporated for reference.
7. Amendments. The terms of this IGA shall not be waived, altered, modified, supplemented, or amended, in any manner whatsoever, except by written instrument signed by both parties.
8. Reimbursement.
A. The District shall submit itemized invoices to BES for reimbursement of services performed; noting the project and CITY IGA number and the allocation of costs in accordance with line items identified in Attachment B.
B. Costs incurred for travel, lodging and meals shall be reimbursed to the extent that they do not exceed on a daily basis per diem rates in effect at the time of travel as set forth in the Federal Travel Regulations and all travel has been approved by the BES Project Manager.
C. Non-itemized or incomplete billings shall be detained for payment processing until the District has supplied correct information to the BES Project Manager.
D. Invoices shall be submitted in duplicate, identifying the CITY IGA number to:
Jennifer Devlin
BES
1120 SW Fifth Avenue, Room 1000
Portland, OR 97204
BES shall pay all approved invoices within 30 days.
E. All non-expendable property, including computer hardware and related software, acquired in the provision of these services are the sole property of the City.
9. Termination.
A. The parties may agree to an immediate termination of this IGA or at a time certain upon mutual written consent.
B. Either party may terminate this IGA effective not less than 30 days from delivery of written notice.
C. Either party may terminate this IGA effective not less than 10 days from written notice or at such other date as may be established by both parties under any of the following conditions:
1) If funding is not obtained and continued at levels sufficient to allow for purchase of the specified services. When possible, and when agreed upon, the IGA may be modified to accommodate a reduction in funds.
2) If federal or state regulations or guidelines are modified, changed or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this IGA, or are no longer eligible for the funding proposed for payments authorized by this IGA.
D. Either party may terminate this IGA in the event of a breach by the other party. Prior to such termination, however, the party seeking termination shall give the other party written notice of the party’s intent to terminate. If the party has not cured the breach within 10 days or a longer period as granted in the cure notice, the party seeking compliance may terminate this IGA.
10. Funds Available and Authorized. Both parties certify that at the time the IGA is written sufficient funds are available and authorized for expenditure to finance costs of this IGA within either party’s current appropriation and limitation. Both parties understand and agree that payment of amounts under this IGA attributable to work performed after the last date of the current budget period is contingent on either party receiving appropriations, limitations, or other expenditure authority.
11. Captions. The captions or headings in this IGA are for convenience only and in no way define, limit or describe the scope or intent of any provisions of this IGA.
12. Choice of Venue. Oregon law shall govern this IGA and all rights, obligations and disputes arising out of the IGA. Venue for all disputes and litigation shall be in Multnomah County, Oregon.
13. Severability/Survival. If any of the provisions contained in this IGA are held unconstitutional or unenforceable, the enforceability of the remaining provisions shall not be impaired. All provisions concerning the limitation of liability, indemnity and conflicts of interest shall survive the termination of this IGA for any cause.
14. Ownership of Work Product. All work products, including reports, research data in hard copy or electronic form that result from this IGA, are the joint property of both parties.
15. Access to Records. Both parties and their duly authorized representatives shall have access to the books, documents, papers, and records which are directly pertinent to the specific IGA for the purpose of making audit, examination, excerpts, and transcript.
16. Compliance with Applicable Law. Both parties shall comply with all federal, state, and local laws, regulations, executive orders and ordinances applicable to the Work under this IGA. Without limiting the generality of the foregoing, parties expressly agrees to comply with: (I) Title VI of Civil Rights Act of 1964; (ii) Section V of the Rehabilitation Act of 1973; (iii) the Americans with Disabilities Act of 1990 and ORS 659.425; (iv) all regulations and administrative rules established pursuant to the foregoing laws; and (v) all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Both party's performance under this IGA is conditioned upon either parties compliance with the provisions of ORS 279.312, 279.314, 279.316, 279.320, and 279.555, which are incorporated by reference herein.
17. No Third Party Beneficiary. The CITY and Clean Water Services (District) are the only parties to this IGA and as such, are the only parties entitled to enforce its terms. Nothing contained in this IGA gives or shall be construed to give or provide any benefit, direct, indirect, or otherwise to third parties unless third persons are expressly described as intended to be beneficiaries of its terms.
18. Indemnification To the extent permitted by Oregon law (ORS 30.260 through 30.300) and the Oregon Constitution, Article XI, Section 7, the District shall indemnify CITY against any liability for damage to life or property arising from the District’s actions under this Agreement provided, however, the District shall not be required to indemnify CITY for any such liability arising out of the wrongful or negligent acts of employees or agents of CITY.
19. Merger Clause. This IGA constitutes the entire agreement between the parties. No waiver, consent, modification or change of terms of this IGA shall bind either party unless in writing and signed by both parties. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this IGA.
20. BES Accounting Data. ESWS000009 for $9,000 for FY 2008/09 and $15,000 for FY 09/10 not to exceed $24,000 total not to exceed $24,000 total.
Executed in triplicate by the duly authorized representatives of the parties.
CITY OF PORTLAND CLEAN WATER SERVICES (DISTRICT)
Elected Official or Delegate Date Authorized Signature Date
Bureau Director Date Approved as to form by Date
General Counsel
City Auditor Date
Approved as to form by City Attorney: Date
Attachment A Work Statement
Clean Water Services (District) will:
• Manage contractors to treat streamside garlic mustard in spring 2009 and 2010 at sites identified in Attachment C, Map and to inspect new sites which have granted permission. Manage contractors to treat streamside knotweed patches in late summer or early fall 2009 at sites identified in Attachment C, Map and new sites discovered during garlic mustard treatments.
• Conduct limited landowner outreach via targeted informational mailings and phone calls. Outreach efforts will be directed at increasing public awareness of garlic mustard and knotweed and gaining access to private property for inspection and treatment.
• Oversee data collection to include GPS location and photo documentation at all inspection and treatment sites. Treatment records will include herbicide application data suitable for reporting to the Oregon Department of Agriculture. All data will be made available to the City. The District will also provide the names and addresses of all property owners who granted permit of entry for inspection or treatment. The District will also provide the City with summary inspection and treatment data and costs.
BES will:
• Treat garlic mustard along roadsides.
• Help secure permission to inspect and treat on Portland streamside properties in the Tualatin Basin.
• Provide public information on garlic mustard and knotweed to residents of southwest Portland through the SW Neighborhoods, Inc. newsletter, displays at the SW Watershed Center and other outreach.
• Follow up with interested Portland residents for other watershed issues that may arise from the project public outreach.
• Share data with invasive species staff within the City of Portland.
Attachment B Budget
Garlic Mustard work will be done in the spring of 2009 and 2010, most likely May, when the flowers are visible and before the plant goes to seed. The east side of the Tualatin Basin target area includes approximately 34 acres along 28 miles of streams. The estimated cost of contracted services within this area in FY 2008/09 and FY 2009/10 is $9,000 each year.
Knotweed work will occur in late summer of 2009. The east side of the Tualatin Basin target area includes approximately 34 acres along 28 miles of streams. The estimated cost is $6,000.
Invoice Schedule
June 15, 2009 $ 9,000
October 1, 2009 $ 6,000
June 15, 2010 $ 9,000
$24,000