HomeMy Public PortalAboutAgreement Water Quality Council 05.7.1997Memorandum of Agreement Page 1 of _
Memorandum of Agreement
between
Big Payette Lake Water Quality Council
and
City of McCall
This Agreement is entered into by the Big Payette Lake Water Quality Council, through
it's duly authorized and appointed representative , Peter T. Johnson , whose title
is Chairman , hereinafter referred to as the BPLWQC and the City of
McCall, hereinafter referred to as the CITY.
This Agreement is effective as of the
expires the 30 day of September
7 day of May
, 2000.
, 1997, and
WITNESSETH: The BPLWQC enters into this Agreement pursuant to authority granted
to it in Title 39 , Chapter 66 , Idaho Code. The CITY agrees to undertake performance
of this Agreement under the terms and conditions set forth herein.
I. Purpose
This Agreement is intended to provide a working and financial format for
development of a storm water management facilities plan, and drainage
management guidelines.
II. Objectives
This agreement is the instrument to establish repayment of 75 % of the funding
provided to the CITY for the BPLWQC portion of the Stormwater Study.
Note: Funding in the amount of $22,500.00 was actually provided by DEQ
directly to the City of McCall under contract QC032100, dated August 26, 1996.
III. Implementing Actions
The City of McCall agrees, subject to the making of lawful appropriation, to pay
the BPLWQC $16,875 over a three year period as follows:
1997 $5,500.00
1998 $5,500.00
1999 $5,875.00
Total $16, 875.00
Payments will be made in accordance with the payment procedures agreed to in
Appendix C.
The CITY and the BPLWQC mutually agree to implement actions, provide
services, and adhere to provisions detailed in the attachments to this Agreement.
The following attachments are hereby incorporated by reference and made a part
of this Agreement: Appendix A; Work Plan, Appendix C; Billing Procedures.
IV. General Provisions
A. Nothing herein shall or shall be construed to obligate the BPLWQC or the
City to expend or involve the BPLWQC in any contract or other obligation for the future
payment of money in excess of funds authorized by this agreement and administratively
allocated for the purposes and projects contemplated hereunder.
B. No staff, or BPLWQC member, shall be admitted to any share or part of this
MOA or to any benefit that may arise out of it.
C. The terms of this Agreement may be altered by a written addendum directing
the change and signed by both the BPLWQC and the CITY.
D. The parties agree to comply with all State and Municipal requirements
regarding accounting, auditing, and records retention associated with any monies provided
in this Agreement.
V Indemnification
A. The CITY shall indemnify, defend, and save harmless the BPLWQC, its
officers, agents, and employees, from and against all liability, claims, damages, losses,
expenses, actions, and suits whatsoever, including injury or death of others or any
employee of the CITY or subcontractor caused by or arising out of the CITY'S negligent
performance, act, or omission of any term of this agreement, to the extent any such claim
is lawfully submitted and subject to the limitations of law.
B. The BPLWQC shall indemnify, defend and save harmless the CITY, its
officers, agents, employees and subcontractors from and against all liability, claims,
damages, losses, expenses, actions and suits whatsoever, including injury or death of
others or any employee of the BPLWQC to the extent caused by or arising out of the
BPLWQC'S negligent performance, act or omission of any term of this agreement.
C. As an Independent Entity, the CITY is responsible for all employee -related
benefits, such as paid leaves and health insurance, and withholding and payment of
F.I.C.A., F.U.T.A., and income taxes for Federal and State purposes, on account of its
employees. The BPLWQC shall not be responsible for these employee related benefits
and tax items, and shall be indemnified and held harmless from any liability, cost or
expenses, including any interest, penalties and attorney's fees, that may be connected with
the CITY'S failure to provide or pay such items with regards to its employees.
VI. Signatures
For the City of McCall:
Signed: r Date: .5/ja/99
Typed Name:
Clary Shimun
For the Big Payette Lake Water Qualit
Signed:
Typed Name: peter T ohnson
Council:
Title: City Manager
Date:
579/97
Title: Chair
APPENDIX A - WORK PLAN
BACKGROUND
WHEREAS: 1. The water quality study being conducted by the BPLWQC was
scheduled to be completed in early 1997. That portion of the City of McCall that drains
into Big Payette Lake is within the geographical scope of that study.
2. A critical part of the study involved a professional assessment of
circumstances surrounding storm water treatment in several basins that trained through the
City of McCall and directly into Big Payette Lake. Tests taken by the DEQ during two
storm events in 1996 revealed exceedingly high levels of chemical and biological
contaminants, although the City believes the placement of certain testing equipment
impaired the functioning of treatment facilities.
3. In early 1996 the City of McCall had under contract the
Toothman-Orton Engineering Company of Boise. That contract called for a storm water
runoff assessment of the entire City which included these basins critical to the
development of the BPLWQC's Lake Management Plan. The City of McCall had
originally budgeted this work to occur after 1996-7.
4. Because the BPLWQC desired the storm water assessment
from these critical basins earlier that they were scheduled to be completed, the City of
McCall agreed to accelerate this work so that results could be available by January 31,
1997.
5. Consequently, the BPLWQC and the DEQ agreed to fund
$22,500.00 of the project so that it could finalize its contract and complete the desired
work by January 31, 1997. DEQ provided these funds to the City of McCall by funding
that portion of contract QC032100, dated August 26, 1996.
6. The understanding at the time provided that the City of
McCall would reimburse 75% of the $22,500.00 ($16, 875.00). This lessor value amount
represented the net value of the work to the City of McCall (which had scheduled to
perform the work later) less the costs associated with special efforts made by the City and
the costs arising from acceleration of the work. These funds from the DEQ came from
the agency's budget for the Big Payette Lake Water Quality study and $16, 875.00 was to
be returned to that budget to cover other costs of the study.
7. The City of McCall agreed to reimburse this amount,
$16, 875.00, over a five year period, 1997 - 01. At the request of BPLWQC, the City
will seek reimbursement of $16, 875.00 over the next three years. (Reimbursement is
contingent upon appropriation.) The BPLWQC understands that reimbursement of the
$16, 875.00 will delay further assessment of the drainage within the City and area of City
impact.
SCHEDULE OF PAYMENTS:
NOW, THEREFORE, BE IT RESOLVED:
1. The City of McCall agrees to make payments on the
following dates, payable to the Payette Lake Trust account in the following amounts:
October 1, 1997 $5,500.00
October 1, 1998 5,500.00
October 1, 1999 5, 875.00
Total $16, 875.00
2. BPLWQC will promptly deposit all payments from the CITY into the Payette Lake
Trust account in the treasury of the State of Idaho.
3. Annually or no later than the date the $16, 875.00 has been remitted by the CITY,
balances in Payette Lake Trust account will be credited to the Big Payette Lake Water
Quality study budget in the DEQ by an annual appropriation enacted by the Idaho State
Legislature. Initiating this action will be the responsibility of the BPLWQC.
APPENDIX C - BILLING PROCEDURES
Payments by the City will be made payable to the Payette Lake Trust account. Said
funds in the Payette Lake Trust account will be transferred to the Division of
Environmental Quality (DEQ) by an annual appropriation by the State of Idaho
Legislature.