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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.