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HomeMy WebLinkAboutVilas Reservior - IGA for Safe Drinking Water Revolving Loan FundY INTERGOVERNMENTAL AGREEMENT between CITY OF CENTRAL POINT and ROGUE VALLEY COUNCIL OF GOVERNMENTS THIS AGREEMENT is entered into by and between CENTRAL POINT, a political subdivision of the State of Oregon (hereinafter "CITY"), and ROGUE VALLEY COUNCIL OF GOVERNMENTS, a voluntary intergovernmental association, (hereinafter "RVCOG"). WHEREAS CITY is the recipient of a Safe Drinking Water Revolving Loan Fund, Central Point Water Reservoir Construction, Project No. 510010. WHEREAS, RVCOG is a voluntary association of local governments serving Jackson and Josephine Counties, Oregon; and WHEREAS, CITY is a member agency of the RVCOG; and WHEREAS, RVCOG is qualified, experienced, and able to provide professional labor standards and compliance services; and WHEREAS, the purpose of this agreement is to make provisions for RVCOG to perform grant administration services for the CITY and to provide for cost reimbursement. NOW, THEREFORE, in consideration of the mutual promises, terms, and conditions set forth herein, the parties agree as follows: 1. SOURCE OF FUNDS: Work under this Intergovernmental Agreement will be funded through the Safe Drinking Water Revolving Loan Fund and CITY. 2. TIME OF PERFORMANCE This Agreement shall commence upon the signing of the Agreement by all parties below, and shall continue until such time as CITY receives notification from the State of Oregon that the Project has been completed and closed out. 3. CONTRACT OVERSIGHT The Central Point Parks & Public Works Director shall oversee and approve Services and Payment for Services. 4. DUTIES AND RESPONSIBILITIES OF CITY Pursuant to the terms, conditions, and requirements for Save Drinking Water Revolving Loan Fund, Central Point Water Reservoir Construction, Project No. 510010, CITY shall be responsible for performing the following: 4.1 Serve as recipient's official point of contact with the Infrastructure Finance Authority. 4.2 Ensure compliance with award requirements in regards to Labor Standard Provisions (Public Entities). Intergovernmental Agreement Page 1 City of Central Point Water Reservoir Construction, Project No. 510010 T' 4.3 CITY shall administratively assist RVCOG in accomplishing the tasks identified under Duties and Responsibilities of RVCOG; maintaining regular communication with RVCOG; helping to resolve differences that may arise between the PARTIES; and providing background information and technical support as necessary to accomplish any task assigned. 5. DUTIES AND RESPONSIBILITIES OF RVCOG: RVCOG shall be responsible for performing the following: 5.1 Prepare Weekly Certified Payroll Forms and Statements of Compliance (Federal and State) for Central Point's Safe Drinking Water Revolving Loan, Project No. 510010. a. Check and review payrolls for compliance; provide evidence that payrolls were checked against applicable wage rates. 5.2 Prepare draw downs with Certified Payroll Reports for Central Point's Safe Drinking Water Revolving Loan, Project No. 510010. 5.3 Conduct Employee Interviews monthly (or, as requested) by CITY. 5.4 Assist CITY with additional related tasks upon request. 5.5 Maintain regular communication with and update CITY. 6. AMENDMENTS AND TERMINATION 6.1 This document constitutes the entire agreement between the PARTIES and no other agreement exists between them, either stated or implied. Any amendments or changes to the provisions of this agreement shall be reduced to writing and signed by both PARTIES. 6.2 Either party may cancel this agreement at any time with or without cause by giving thirty (30) days notice in writing and delivered in person or by certified mail to the other party. 6.3 If any contemplated funding from federal, state, or other sources is not obtained or continued at levels sufficient to allow for full performance herein, this Agreement may be modified or terminated to accommodate such reduction in funds. 6.4 Such termination shall be without prejudice to any claims, obligations, or liabilities either party may have incurred prior to such termination. 7. PAYMENTS 7.1 RVCOG will invoice CITY on a monthly basis at an estimated rate of $57.00 per hour. CITY shall reimburse RVCOG within 30 days of receipt of invoice. 7.2 CITY will reimburse RVCOG for expenditures incurred on a monthly basis as requested after receipt of dated and signed requests for payment and upon receipt of required forms documenting work accomplished. Intergovernmental Agreement Page 2 City of Central Point Water Reservoir Construction, Project No. 510010 ' 7.3 Maximum payment to RVCOG under this agreement shall not exceed $8,550. 8. INDEMNIFICATION 8.1 Subject to the limitations and conditions of the Oregon Tort Claims Act, ORS 30.260- 300, the Oregon Constitution, Article XI, Section 7 and the terms of any applicable policies of insurance, the parties agree to save, hold harmless and indemnify each other, including their officers, agents and employees, from any loss, damage, injury, claim, or demand by a third party against either party to this agreement arising from the activities of the other party in connection with this Agreement. Neither party shall be liable for any loss, damage, injury, claim nor demand against each other arising from their respective activities in connection with this agreement, except as otherwise expressly set forth herein. 8.2 RVCOG shall comply with all applicable laws, ordinances and codes of the federal, state and local governments in its performance under this Agreement. 8.3 RVCOG, its subcontractors, if any, and all employees providing work, labor or materials under this agreement are subject employees under the Oregon Workers' Compensation law and shall comply with ORS 656.017 which requires them to provide Workers' Compensation coverage for all their employees. If RVCOG performs the work without assistance of any employees, it need not obtain such coverage. 9. INDEPENDENT CONTRACTOR RVCOG is an independent contractor under this Agreement, and neither RVCOG, its subcontractors, nor its employees, are employees of CITY: RVCOG is responsible for all federal, state and local taxes and fees applicable to payments for services of its employees under this agreement. 10. ASSIGNMENT AND SUBCONTRACTS RVCOG shall not assign this contract or subcontract any portion of the work without the CITY's prior written consent which shall not be unreasonably withheld. Any attempted assignment or subcontract without CITY's written consent shall be void. RVCOG shall be fully responsible for the acts or omissions or any of the assigns or subcontractors and of all persons employed by them. The approval by CITY of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and CITY. 11. LIMITATIONS This agreement in no way restricts RVCOG or CITY from participating in similar agreements with other public or private agencies, organizations, or individuals with regard to any aspect of this agreement, so long as the same do not unreasonably interfere with RVCOG's or CITY's performance herein. Intergovernmental Agreement Page 3 City of Central Point Water Reservoir Construction, Project No. 510010 12. CONFIDENTIALITY -NON-DISCLOSURE Subject to the Oregon Public Records Law, ORS 192.410-192.505, no report, information, or other data given to or prepared or assembled by the RVCOG pursuant to this Agreement which the CITY has requested be kept confidential, shall be made available to any individual or organization by RVCOG without the prior written approval of CITY. 13. ATTACHMENTS 13.1_ Conflict of Interest of Members, Officers, or Employees of the Grant Recipient, Members of Local Governing Body, or other Public Officials: No member, officer, or employee of the CITY recipient of Safe Drinking Water Revolving Loan, Project No. S10010, or its designees or agents, no member of the governing body of the locality in which the grant project is situated, and no public official of such locality or localities who exercises any functions or responsibilities with respect to the project during his or her tenure or for one year thereafter, shall have any interest, direct or indirect, in and contract of subcontract, or the proceeds thereof, for work to be performed in connection with the project assisted under Oregon Safe Drinking Water Revolving Loan. 13.2 Prohibition on the Use of Federal Funds for Lobbying: "Certification Regarding Lobbying" signed by RVCOG is attached as Exhibit 1, and incorporated herein by this reference. 13. REPORTS AND RECORDS All work produced by RVCOG while working for the CITY shall be the exclusive property of the CITY provided that RVCOG may obtain a copy of any public record information by paying for the reproduction costs thereof. 14. SAFE DRINHING WATER REVOLVING LOAN FUND REQUIRMENTS 14.1 Whistleblowers -Contractor receiving SDWRLF funds shall under or through this contract to, post notice of the rights and remedies provided to whistleblowers under No Fear Act Pub. L. 107-174. 29 CFR § 1614.703 (d) 14.2 Inspection Information -Contractor shall permit State, the federal government and any party designated by State ("Inspecting Party") to examine, visit and inspect, at any and all reasonable time, the property, if any, constituting the Project, and to inspect and make copies of any accounts, books and records, including, without limitation, its records regarding receipts, disbursement, contracts, investments and any other matters relating thereto and to its financial standing, and shall supply such reports and information as Inspecting Party may reasonably require in connection therewith. Intergovernmental Agreement Page 4 City of Central Point Water Reservoir Construction, Project No. S10010 Contractor agrees to allow, and to cause its subcontractors to allow, any appropriate representative of the EPA Office of Inspector General to (1) examine any records of Contractor or its subcontractors that pertain to, and involve transactions relating to, the Project and the Loan, and (2) interview any officer or employee of the Contractor, or its subcontractors, regarding such transaction. IN WITNESS WHEREOF, RVCOG AND CITY have caused this agreement to be executed by their authorized representatives as of the date of the last signature affixed below: PARTIES TO THE AGREEMENT `~ Michael Cavallaro Date Executive Director, RVCOG !! Y-~/ Phil Messina Date City Manager, City of Central Point Intergovernmental Agreement Page 5 City of Central Point Water Reservoir Construction, Project No. S10010 Exhibit 1 CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Michael Cavallaro, Executive Directo Rogue Valley Council of Governments Date Intergovernmental Agreement Page 6 City of Central Point Water Reservoir Construction, Project No. S 10010