HomeMy WebLinkAboutResolution No. 5472._ ~ -
COUNCIL RESOLUTION NO. 5472
A RESOLUTION APPROVING MODIFICATIONS TO THE
INTERGOVERNMENTAL AGREEMENT FOR PROVISION
OF OPERATION, MAINTENANCE, AND ADMINISTRATIVE
SERVICES TO THE METROPOLITAN WASTEWATER
MANAGEMENT COMMISSION.
PASSED: 6:0
REJECTED:
OPPOSED:
ABSENT: Evans, Groves
CONSIDERED: January 28, 2026
•
RESOLUTION NO. 5472
A RESOLUTION APPROVING MODIFICATIONS TO THE
INTERGOVERNMENTAL AGREEMENT FOR PROVISION OF
OPERATION, MAINTENANCE, AND ADMINISTRATIVE SERVICES
TO THE METROPOLITAN WASTEWATER MANAGEMENT
COMMISSION.
The City Council of the City of Eugene finds that:
A. The Metropolitan Wastewater Management Commission ("MWMC") is an
intergovernmental entity established by an intergovernmental agreement between the Cities of
Eugene and Springfield, and Lane County, Oregon , which sets forth the functions and
obligations of the Cities and County and of the MWMC.
B. In the 1980s, each City entered into a separate agreement with the MWMC with
respect to the individual City's provision of certain operation, maintenance and administrative
services in connection with the Regional Facilities. The Parties consolidated, amended and
res tated those separate agreements in their entirety in the Operation, Maintenance and
Administrative Services Agreement ("OM&A IGA") that took effect on April 19, 2001.
C. The parties to the OM&A IGA now wish to update that IGA through the
execution of a Firs t Restated and Amended OM&A IGA.
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EUGENE, a
Municipal Corporation of the State of Oregon, as follows:
Section 1. The proposed update to the Intergovernmental Agreement on the Operation,
Maintenance and Administrative Services for the Metropolitan Wastewater Management
Commission is hereby approved, and the City Manager is authorized to execute on behalf of the
City of Eugene the First Restated and Amended Intergovernmental Agreement for the Provision
of Operation , Maintenance and Administrative Services to the Metropolitan Wastewater
Management Commission, in substantial conformity with Exhibit 1 to this Resolution.
Section 2. This Resolution is effec tive immediately upon its passage by the City
Council.
The foregoing Resolution adopted the 28 th day of January, 2026.
Resolution -Page 1 ofl
Exhibit 1
FIRST REST A TED AND AMENDED INTER GOVERNMENT AL AGREEMENT
FOR THE PROVISION OF OPERATION, MAINTENANCE AND ADMINISTRATIVE
SERVICES TO THE METROPOLITAN WASTEWATER MANAGEMENT COMMISSION
THIS FIRST RESTATED AND AMENDED OPERATION, MAINTENANCE AND
ADMINISTRATIVE SERVICES AGREEMENT (the "OM&A IGA" or this "Agreeme nt ") is made as of
this_ day of ___ , 2026 (the "Effective Date"), by and between the Metropolitan Wastewater
Management Commi ss ion, an Oregon intergovernm ent a l entity ("MWMC"), the City of Springfield, an
Oregon municipal corporation ("Springfield"), and the City of E ugene , an Oregon municipal corporation
("Eugene"). Springfield and E ugene are collectively referred to herein as the "Citie s" and individuall y as
a "City ." The MWMC and the Cities are collectively refe rred to herein as the "Parties" and individually
as a "Party."
Recitals
A. The MWMC is a n intergovernmental entity established by an intergovernmental agreement to which
Springfield, E ugene and Lane County are parties. As of the Effective Date of this OM&A IGA, th e
terms of that inte rgovernmental agreement are set out in the Second Restated a nd Amended
Intergovernmental Agreement for the Metropolita n Wastewater Managem e nt Commission, effective
___ , 2026 (the "MWMC IGA "), which sets forth the functions and obligations of the Cities
jointly and of the MWMC.
8. In the 1980s, each City entered into a separate agreement with the MWMC with respect to the
individual City 's provision of certain operation , ma intenance and administrative serv ices in
connection with th e Regional Facilities. The Parties conso lidated , amended and restated those
separate agreements in their entirety in the Operation, Maintenance and Administrative Services
Agreement that took effect on April 19 , 2001 (the "Original OM&A IGA "). This OM&A IGA
amends and re states in its entirety the Original OM&A IGA.
AGREEMENT
NOW, THEREFORE, the Recitals above being expressly incorporated herein, the Parties hereby
agree as follows :
1. Defined Terms. Some terms are defined in the text of this Agreement and some are defined in
Exhibit A , attached hereto and incorporated herein. Exhib it A provides an index of terms defined in
this Agreement. Defined terms may be u sed in the singul a r or the plural, and defined term s that are in
one part of speech , such as a noun, may be used in another part of speech , such as a verb.
2. Scope of Services Provided by Springfield. Springfield shall:
a. Admini strative Services. Provide to the MWMC the "Administrative Services" described in
Exhibit B , attac hed hereto and incorporated herein.
b. Monthly Budget Reports. Submit monthl y budget reports to the MWMC by the fifteenth
(l Stl') of each month following the month that is the subject of the report, a nd provide
additional budget information if requested, in a format that is within the informational
capabi I ities of Springfield and that is acceptable to the MWMC.
F ir st Restated and Amended IGA for the Provision of Operation , M aintenance and Administrative Services to the
MWMC-Page 1
Exhibit 1
c. Inspection. Copies, and Audits. Permit the MWMC or its agent, at all reasonable times , to
inspect, copy and audit all the administrative and financial records and other information
maintained by Springfield with respect to its obligations under this Agreement. Springfield
shall maintain separate and complete records of its costs and activities related to Springfield's
performance of its obligations under Section 2(a) of this Agreement.
3. Scope of Services Provided by Eugene. Eugene shall:
a. Operational and Maintenance Functions . Perform the "Operational and Maintenance
Functions" described in Exhibit C, attached hereto and incorporated herein .
b. Monthly Budget Reports. Submit monthly budget reports to the MWMC by the fifteenth
(15°') of each month following the month that is the subject of the report, and provide
additional budget in formation if requested, in a format that is within the informational
capabilities of E ugene and that is acceptable to the MWMC .
c. Inspection, Copies, Audits. Permit the MWMC or its agent , at all reasonable times, to inspect
the Region al Faci liti es and to inspect, copy and audit all the operational and financial records
and other information maintained by Eugene with respect to its obligations under this
Agreement. Eugene shall maintain separate and complete records of its costs and activities
related to Eugene 's performance of its obligations under Section 3(a) of this Agreement.
4. Best Efforts in Providing Services to MWMC. Each City shall use its best efforts to carry out the
respective responsibilities of the City pursuant to Sections 2 and 3, above , at the lowest reasonable
cost. In performing their respective functions , each City shall only make expenditures that are within
the limits of the budget approved pursuant to Section 7. However, recogni zing that the budget
approved pursuant to Section 7 may not accurate ly or completely forecast and reflect all expenditures
that may be necess ary or appropriate for either City to perform its functions in accordance with this
Agreement durin g the fiscal year, the MWMC and each City agree to advise the other promptly when
th e MWMC or either City foresees that an over-expenditure of the total approved appropriation of
any budget category is necessary or appropriate for either City to perform its functions as described
herein so that the MWMC may consider the appropriate budgetary action. If resolution of any
disagreement pertaining to costs over budget cannot be informally agreed upon within thirty (30) days
of notice thereof, the controversy shall be resolved as provided in Section 10 of this Agreement.
Except as may otherwise be provided in this Agreement, the MWMC grants to each City the authority
to act as the MWMC 's administrat ive agent where necessary and appropr iate to carry out the
respective responsibilities of each City pursu ant to Sections 2 and 3, above.
5. Indemnification. To the extent limited by the tort claims limits in Oregon law (ORS 30.260 through
30.300 and the Oregon Constitution, Article XI , Section 7), the Parties agree to indemnify each other
as to th ird party claims (inc luding the Parties ' employees , agents , or contractors) against any and all
liabilities , causes of action, suits, claims , damages , or costs or fees (including attorney fees) arising
from the performance or failure of performance by each Party of their respective obligations under
this Agreement (collectively, "C laims "). The Parties also hereby waive all such Claims against each
other. However, thi s waiver shall not apply to any willfu l misconduct by the Parties or their
Il l
Ill
respective employees , agents, or contractors. The obligations assumed hereunder shall survive the
termination or expiration of this Agreement.
First Restated and Amended IGA for the Provision of Operation , Maintenance and Administrative Services to the
MWMC-Page 2
Exhibit 1
6. MWMC Payment for Services.
a. Springfield. The MWMC shall reimburse Springfield for direct and indirect expenses
incurred in the performance of its obligations under Section 2, in accordance with the budget
adopted each year by the MWMC. Indirect expenses charged to the MWMC shall be
calculated based the lesser of: (i) a methodology approved by the Federal government for
similar work or projects; or (ii) the indirect rates Springfield charges to its internal
departments.
b. Eugene. The MWMC shall reimburse Eugene monthly , within thirty (30) days of being billed
by Eugene, for direct and indirect expenses incurred in the performance of its obligations
under Section 3 during the preceding month . Indirect expenses charged to the MWMC shall
be calculated based on the lesser of: (i) a methodology approved by the Federal government
for similar work or projects; or (ii) the indirect rates Eugene charges to its internal
departments.
c. Right to Appeal. The MWMC shall have the right to appeal or seek clarification of any
billing or request for reimbursement within ten (10) days of its receipt and no payment shall
be due until thirty (30) days after resolution of such appeal or request for clarification.
7. Budgets and Annual Accounting.
a. Annual Operating Budget; Process for Approval or Rejection. Eugene shall submit a
proposed annual operating budget to the MWMC's Executive Director by February pt of
each year for the succeeding fiscal year beginning July 1st
. The proposed budget shall be in a
format prescribed by the MWMC , and shall project the cost for performing the functions
described in Section 3(a). above , including the cost of supervision and of indirect expenses
(e .g . overhead rates) in accordance with Section 6. Budget information shall be consistent
with Eugene's budget format as long as it provides a delineation of annual costs to achieve
program objectives suitable to the MWMC.
The MWMC Executive Director shall approve or reject the proposed annual operating budget
submitted by Eugene by March 1st • If the MWMC Executive Director rejects the proposed
operating budget, the MWMC and Eugene shall attempt to arrive at an agreed-upon mmual
operating budget as soon as is reasonably practicable in accordance with Section 10 of this
Agreement.
In any event, approval by the MWMC Executive Director of the proposed annual operating
budget submitted by Eugene is conditioned upon final approval of the entire MWMC budget
by the Governing Bodies as prescribed in the MWMC IGA. MWMC shall seek to obtain that
approval not later than June 30°' of each year for the succeeding fiscal year beginning July 1st
•
b. Rejection of Annual Operating Budget; Failure to Adopt MWMC Budget. Ifby the last day
of any fiscal year either: (1) the MWMC and Eugene have not agreed on the annual operating
budget ; or (2) the Governing Bodies have not approved the entire MWMC budget for the
upcoming fiscal year commencing on July 1st, then pending final agreement or approval ,
unless the Cities agree otherwise:
i. Eugene s hall continue to provide the Operational and Maintenance Functions, set
forth in Exhibit C , and Eugene shall bill Springfield monthly in arrears for its
proportionate share of the costs of doing so based on billings for regional wastewater
First Restated and Amended IGA for the Provision of Operation , Maintenance and Administrative Services to the
MWMC-Page 3
Exhibit 1
user fees during the previous fiscal year (and Springfield shall pay such amount
within thirty (30) days of the billing), and Eugene will undertake no capital
replacement unless the capital expenditure has been approved by prior appropriation
or is essential to maintain the health and safety standards required by State or Federal
regulations governing the operating of the Regional Facilities; and
ii . Springfield shall continue to provide the Administrative Services , set forth in Exhibit
.11 , and charge Eugene its proportionate share of the cost therefore as provided in i.,
above , (and Eugene shall pay such amount within thirty (30) days of the billing), and
Springfield will perform no non-essential Administrative Services unless the Cities
otherwise agree in writing. The MWMC Executive Director shall determine which
services qualify as "non-essential" for the purposes stated herein.
c. Year End Reconciliation. Within one hundred twenty (120) days fo llowin g the end of each
fiscal year, each City shall reconcile the payments the MWMC has made to it during the prior
fiscal year, consistent with general ly accepted accounting principles , of all actual revenues
realized and expenses incurred by the City in its performance of this Agreement, including
indirect expen s es. The MWMC shall review such reconciliation and if it agrees with the
results thereof, then the City shall promptly return to the MWMC any overpayment and the
MWMC shall promptly reimburse the City for a ny approved expenditures for wh ich the City
has not received compensation. If the MWMC does not agree with the results of the
reconciliation , and negotiation has failed to resolve the disagreement within sixty (60) days
following submission of the reconciliation , the dispute shall be settled as provided in Section
lQ of this Agreement.
8. Termination. This Agreement automatically terminates upon the termination of the MWMC IGA.
9. Assignability. This Agreement may not be ass igned by any Party without the prior written consent of
the other Parties.
10. Dispute Resolution.
a. Disputes Involving Parties. If one or more of the Parties has a material dispute relating to this
Agreement, the Party objecting to the action shall refer the matter to the two City Managers,
and the MWMC Executive Director, as applicable , for resolution of the matter.
b. Dispute Resolution Process. In the event the disputing Parties are unable to resolve such
dispute in accordance with sections (a) and (b), above, the disputing Parties shall attempt in
good faith to resolve the dispute through confidenti al non-binding mediation. The disputing
Parties shall select a mutually agreeable mediator, if possible with expertise on the disputed
issue(s) or , if the disputing Parties cannot agree upon a mediator, they shall jointly request the
Presiding Judge of Lane County Circuit Court to appoint a mediator with expertise on the
disputed issue(s). The disputing Parties shall agree upon mediation procedures, or if the
Parties cannot agree to such procedures , the disputing Parties agree to be subject to mediation
procedures imposed by the mediator. Each disputing Party shall bear its own costs and
expenses for the mediation and shall equally share the costs and expenses assessed by the
mediator for admin istrating the mediation.
First Restated and Amended IGA for the Provision of Operation , Maintenance and Administrative Services to the
MWMC -Page4
Exhibit 1
11. Attorneys' Fees. In the event of any suit, action or other proceeding brought by any Party against one
or both of the other Parties to enforce or interpret any of the rights or obligations hereunder or arising
out of any dispute concerning the terms and conditions hereby created, the losing Party shall pay each
prevailing Party such reasonable amounts for fees, costs and expenses, including attorney's fees in
such suit, action or other proceeding and any appeal therefrom as may be set by the comt.
12. Amendments and Modifications. Any modifications to this Agreement must be made in writing and
executed by all Parties .
IN WITNESS WHEREOF, the Parties have entered into this First Restated and Amended
Intergovernmental Agreement for the Provision of Operation , Maintenance and Administrative Services
to the Metropolitan Wastewater Management Commission effective as of the Effective Date first above
written.
CITY OF SPRINGFIELD, a municipal
corporation of the State of Oregon
By: _________ _
Springfield City Manager
Date: -------------
METROPOLITAN WASTEWATER
MANAGEMENT COMMISSION,
an Oregon intergovernmental entity
By:------------
MWMC Executive Director
Date: -------------
CITY OF EUGENE, a municipal
corporation of the State of Oregon
By: ________ _
Eugene City Manager
Date: ------------
First Restated and Amended IGA for the Provision of Operation, Maintenance and Administrative Services to the
MWMC-Page 5
EXHIBIT A
DEFINED TERMS
Exhibit 1
1. "Administrative Services" means those services as set forth in Sections A and B of Exhibit B to this
Agreement.
2. "Agreement" has the meaning set forth in the introductory paragraph of this Agreement.
3. "Capital Improvement Plan" means the list of capital improvement projects that is included in the
MWMC's annual budget and annually approved by the Governing Bodies.
4. "City" has the meaning set forth in the introductory paragraph of this Agreement.
5. "Cities" means Eugene and Springfield .
6. "Claims" has the meaning set forth in Section 5.
7. "Contracts for Operations and Maintenance Projects" means a contract for: (a) the routine,
regular or standard purchase of Equipment, services or personal services as needed to support
Eugene's Operations and Maintenance Functions as described in Sections A of Exhibit C to this
Agreement; (b) a minor expansion or minor rehabilitation or upgrade of existing Regional Facilities;
(c) a minor expansion or minor rehabilitation or upgrade of existing Equipment; and (d) routine
maintenance for the Regional Facilities and/or Equipment. "Contracts for Operations and
Maintenance Projects" does not include a contract for a Non-Operations and Maintenance Project.
8. "Deputy Director" means the MWMC Deputy Director.
9. "DEQ" means the State of Oregon Department of Environmental Quality.
10. "Effective Date" has the meaning set forth in the introductory paragraph of this Agreement.
11. "Equipment" means equipment, tools, vehicles , fixtures , furniture, technology , devices, machinery,
supplies (including but not limited to chemicals), systems, or portions thereof, that are a pait of the
Regional Facilities or support Eugene's Operations and Maintenance Functions . Any equipment,
tools , vehicles, fixtures , furniture , teclmology , devices , machinery , or supplies that support
Springfield 's Administrative Services are excluded from the definition of Equipment.
12. "Eugene" has the meaning set forth in the introductory paragraph of this Agreement.
13. "Executive Director" means the MWMC Executive Director.
14. "Governing Bodies" means for the Cities of Springfield and Eugene, their respective City Councils ,
and for Lane County , the Lane County Board of County Commissioners.
15. "MWMC" has the meaning set forth in the introductory paragraph of this Agreement.
Ex hibit A to Restated Operation , Maintenance and Administrative Services Agreement -Page 1
Exhibit 1
16. "MWMC Board" means the MWMC Board of Commissioners, the governing body of the MWMC .
17. "MWMC IGA" means the Second Restated and Amended Intergovernmental Agreement for the
Metropolitan Wastewater Management Commission , effective ____ , 2026, as amended.
18. "MWMC Pretreatment IGA" means the Intergovernmental Agreement for Metropolitan
Wastewater Management Commission Pretreatment Program Reporting Obligations for Pretreatment
Activities Outside of Urban Growth Boundaries, effective May 6, 2025, as amended.
19. "NPDES Permit" means , as of the Effective Date, the National Pollutant Discharge Elimination
System Permit no. 102486 issued by DEQ to the MWMC, Eugene, and Springfield effective
November 1, 2022, as may be extended or replaced and superseded by a newly issued permit from
DEQ.
20. "OM&A IGA" has the meaning set forth in the introductory paragraph of this Agreement.
21. "Operat ional and Maintenance Functions" means those services as se t forth in Sections A of
Exhibit C to this Agreement.
22 . "Original OM&A IGA" has the meaning set forth in Recital B.
23. "Non-Operations and Maintenance Projects" means projects for: (a) new Regional Facilities; (b)
the significant expansion or major rehabilitation of existing Regional Facilities; ( c) the significant
expansion or major rehabilitation of existing E quipment ; and ( d) the acquisition of significant
Equipment.
24. "Party" has the meaning set forth in the introductory paragraph of this Agreement.
25. "Parties" has the meaning set forth in the introductory paragraph of this Agreement.
26. "Pretreatment Code" means , for the City of Eugene, Eugene Code Sections 6.550 through 6.586 ;
and for the City of Springfield, SMC 4.001 through 4.086 , both as amended, replaced, or superseded.
27. "Regional Facilities" means that part of the wastewater collection, conveyance and treatment
sys tem , as defined in Exhibit B to the MWMC IGA , as it may be subsequently modified pursuant to
the provi s ion s of Section 3 to Exhibit B to the MWMC IGA.
28. "Regio nal Wastewater Program" means all those functions of, services provided by , and
obligations of the MWMC in accordance with the MWMC IGA , the NPDES Permit, this Agreement,
and otherwise as required by State or Federal law.
29. "Springfield" ha s the meanin g set forth in the introductory paragraph of this Agreement.
Ex hibit A to Restated Operation , Maintenance and Administrative Services Agreement -Page 2
EXHIBITB
ADMINISTRATIVE SUPPORT SERVICES
Exhibit 1
The following list desc ribe s the major areas of administrative services to be provid ed to the MWMC by
Springfield. Due to the nature a nd scope of the Regional Wastewater Program, the services to be
performed by Springfield are not limited to those listed . Springfield may expand and contract its level of
service to the MWMC as necessary to provide an effective administrative service level for the Regional
Wastewater Program.
A. Technical Services.
(1) Non-Operations and Maintenance Projects for Regional Facilities and Equipment. Springfield
will be re s ponsible for development and implementation of the facilities construction
program for: (a) new Regional Facilities; (b) the significant expansion or major rehabilitation
of existing Regional Facilities; ( c) the significant expansion or major rehabilitation of
existing Equipment; and (d) the acquisition of significant Equipment (collectively, "Non-
Operation s and Maintenance Projects"). This inc lud es but is not limited to: preparing bid or
proposal documents ; reviewing bid or proposal submitta ls for Equipment and facilities;
monitorin g construction contracts ; performing construction and warranty inspections;
reviewing change orders and claims; enforcing contract terms and requirements ; and
identify ing deficiencies and implementing necessary modifications during start-up of the new
or expanded Regional Facilities and Eq uipment. Where it is unclear whether a project is a
Non -Operations and Maintenance Project, the MWMC Executive Director s hall decide.
Contracts for Non-Operations and Mainten ance Projects shall be subject to the provisions of
Sections A(2) and B(2) of this Exhibit B , below.
(2) Contracts for Goods and Services. Springfield shall enter into contracts for goods and
services as needed to support administration of the Regional Wastewater Program as
described in this Exhibit B. In doing so , Springfield shall apply the MWMC 's adopted
procurement procedures, as amended and enter into such contracts in the name of the
MWMC. The MWMC Board shall approve and authorize all contracts except as the MWMC
Board de legates authority by reso luti on to the MWMC Executive Director, or designee , to
approve and authorize certain contracts. Such delegated authority shall not exceed the upper
dollar limit al lowed by ORS 279B.070 for an intermediate procurement (e.g. in 2025,
$250,000). In support of the MWMC review , Springfield will take appropriate actions
including, but not limited to, preparing requests and reviewing proposal s for consultant
services; reviewing and negotiating contracts ; monitoring contracts ; reviewing and evaluatin g
consultant reports. The MWMC shall continue to act as the local contract review board for all
procurem ents utili zi ng the MWMC 's procurement rules .
(3) MWMC Industrial Pretreatment Program. Prepare, revise, and seek re gu latory approval of a
model ordinance pertaining to pretreatment requirements for industri a l users in accordance
with State and/or Federal requirements, in coordination with E ugene staff for adoption by
both Cities. Submit a pretreatment report(s) to DEQ in coord in ation with Eugene staff and as
required by the NPDES Permit and the MWMC Pretreatment IGA.
(4) Regional Fac iliti es Planning. Evaluate hydraulic and treatment capabilities of the Regional
Faciliti es; implem ent regional flow monitorin g and infiltration/inflow programs as needed ;
develop Capital Improvements Plan ; and sc hedule and implement plan s for the Regional
Fac ilitie s' improvement and expansion , all in coordination with E ugene staff as needed.
Ex hibit B to Restated Operation , Maintenance and Administrative Services Agreement -Page 1
Exhibit 1
(5) Technical Information. Prepare and issue technical information and reports for use by the
public and regulatory agencies including, but not limited to, monthly reports and
environmental reviews ; teclmical support for biosolids management and beneficial reuse
program.
(6) Permit Compliance. Monitor the Regional Wastewater Program to assure compliance with all
permits and licenses issued to the MWMC. Except as set f01th in Section A (5) of Exhibit C,
submit all required reports , documents and information to DEQ.
B. Financial/ Administrative Services.
(1) Grants Administration. Prepare grant applications and amendments; submit requests for
reimbursement; monitor financial status.
(2) Contract Administration. Administer contracts for Non-Operations and Maintenance Projects.
For such contracts, determine appropriate funding; establish retainage ; authorize payment;
monitor financial status of consultants and construction contracts ; authorize purchase orders;
review invoices; process payments. The MWMC shall be the party to these contracts and
such contracts should be made in accordance with the MWMC procurement and contracting
policies and procedures.
(3) Financial Planning and Management. Provide all aspects of financial planning and
management for the MWMC, including but not limited to long-and sh01t-range financial
plam1ing, general bookkeeping and accounting services , preparing the annual budget and
supplemental budgets as needed, procuring and participating in an annual financial audit,
analysis of regional user and connections charges , developing methodologies for systems
development charges, preparing Capital Improvement Plans , and all management and
pla1ming actions necessary to implement the NPDES Permit. Springfield may procure or
utilize auditors , financial advisors , bond counsel, financial institutions, and bank accounts on
behalf of the MWMC.
( 4) Property Management and Disposal of Assets . Maintain an inventory of all Regional
Facilities. Disposal of assets shall be in accordance with the MWMC procurement rnles.
(5) Insurance and Risk Management. Procure coverage for the MWMC functions, activities , and
property, including but not limited to: liability; premises liability; fidelity bonds; personal
property ; real property; and Equipment. The cost of all insurance policies , premiums , and
deductibles under this section shall be paid by the MWMC .
(6) General Administration. Provide services of the MWMC Executive Director and Deputy
Director; provide office management; develop standard operating policies and procedures ;
prepare correspondence and agendas ; staff the MWMC Board meetings; prepare monthly
status report; provide document control.
(7) Public Information and Education. Prepare annual report, newsletters and brochures; schedule
and conduct public meetings and hearings; perform customer relations; develop and
implement a public education program.
(8) Intergovernmental Coordination . Working together with Eugene staff, provide liaison with
regulatory agencies; prepare interagency agreements ; monitor Federal and State rules and
Exhibit B to Restated Operation , Maintenance and Administrative Services Agreement -Page 2
Exhibit 1
regulations ; prepare and submit testimony regarding Federal and State rules and regulations;
apply for permits and licenses.
(9) Legal Services. Procure legal services on behalfofthe MWMC, at the MWMC's expense, for
legal counse l relating to the NPDES Permit; water quality policy and rulemaking ; biosolids
management facilities; pretreatment; user fees and systems development charges; real
property matters; procurement and contracting ; risk management; litigation ; general
governance matters including but not limited to public meetings law and government ethics
law; public records requests; and other matters as needed. The MWMC shall be the party to
the contract with legal counsel.
(10) Public Records Requests; Public Inquiries . Springfield and the MWMC are joint
custodians of a ll records regarding the administration of the Regional Wastewater Program as
described in this Exhibit B. In the event a public records request is subm itted to the MWMC,
Springfield shall manage such request as one of its administrative functions provided to the
MWMC , at MWMC's expense and, as needed, with assistance from legal counsel for the
MWMC. In the event a public records request is submitted to Springfield regarding the
Regional Wastewater Program, Springfield shall manage such request at its expense in
accordance with Springfield procedures for public records requests . In any event, Springfield
and the MWMC agree to coordinate with each other regarding such public records requests
and confer with each other regarding any records that may be exempt from disclosure. As
part of its administrative functions provided to the MWMC, Springfield agrees to respond to
public inquires related to the functions it performs under this Agreement.
The services provided in Sections A and B of this Exhibit are collectively, the "Adm ini strative Services."
ln addition, the Parties recognize Springfield : (i) manages its own industrial pretreatment program; and
(ii) provides for the local collection of wastewater through its own loc a l wastewater conveyance system ,
which ultimately connects to the Regional Facilities. Any contracts regarding Springfield's industrial
pretreatment program and /or Springfield's local wastewater collection system shall be entered into in the
name of Springfield and utilize Springfie ld 's procurement rules and policies .
Exhibit B to Restated Operation , Maintenance and Adm ini strative Services Agreement -Page 3
Exhibit 1
EXHIBIT C
OPERATIONAL AND MAINTENANCE FUNCTIONS
The following list describes the major areas of operational and maintenance services to be provided to the
MWMC by Eugene. Due to the nature and scope of the Regional Wastewater Program, the services to be
performed by Eugene are not limi ted to those listed . Eugene may expand and contract its level of service
to the MWMC as necessary to provide effective operational and maintenance services for the Regional
Wastewater Program .
A. Operational and Maintenance Functions.
(1) Operation and Maintenance of Regional Facilities. Eugene will be responsible for operating
and maintaining the Regional Faci liti es in accordance with and in compliance with all
applicable laws , ordinances, regulations , and permits issued for their operation by the State or
Federal government, and with all agreements by the MWMC affecting the operation or
maintenance of the Regional Facilities , and with all accepted standards for similar facilities ,
which shall include but not be limited to routine and other system maintenance, as well as
assisting with implementation of Non-Operations and Maintenance Projects to maintain long-
term functionality of existing facilities.
(2) Septage Hau lers. Provide service to septage haulers , which shall include sampling discharges
and collection of fees established by the MWMC.
(3) Laboratory Facilities and E quipm ent. Operate and maintain laboratory facilities and related
Equipment.
(4) Laboratory Testing. Provide or procure laboratory testing for the Regional Facilities '
operation and NPDES Permit requirements, and for industrial discharges and the industrial
pretreatment program.
(5) Reporting. Provide the MWMC, DEQ and EPA with necessary certifications, reports and
notifications to meet requirements of app licabl e laws, ordinances, regulations , and permits.
(6) Public Records Requests; Public Inquiries. Eugene and the MWMC are joint custodians of all
records regarding operations of the Regional Faci litie s as described in this Exhibit C. In the
event a public records request is subm itted to Eugene regarding the Regional Wastewater
Program, Eugene shall manage such request at its expense in accordance with Eugene
procedures for public records requests. In any event, Eugene and the MWMC agree to
coordinate with each other regarding such public records requests and confer with each other
regarding any records that may be exempt from disclosure. As part of it s operations functions
provided to the MWMC, Eugene agrees to respond to public inquires related to the functions
it performs under this Agreement.
(7) Operations Reporting. Inform and coordinate with Springfield in its role as administrative
services provider to the MWMC regarding issues that may affect the current or future
operation of the Regional Facilities and Regional Wastewater Program consistent with
regulatory requirements and the MWMC policies and procedures. A monthly operations
report comparing the performance of the Regional Faci litie s to relevant regulatory limits and
summari z ing the operations and maintenance activities performed shal l be provided to the
MWMC.
Exhibit C to Restated Operation , Maintenance and Administrative Serv ic es Agreement -Page 1
Exhibit 1
(8) Contracts for Operations and Maintenance Projects. Eugene shall enter into Contracts for
Operations and Maintenance Projects. In doing so, Eugene shall be the party to the contract
and shall enter into such contracts in accordance with Eugene procurement and contracting
policies and procedures. This includes , but is not limited to, preparing bid or proposal
documents ; reviewing bid or proposal submittals; reviewing and negotiating contracts;
monitoring contracts; performing construction and warranty inspections; reviewing change
orders and claims ; enforcing contract terms and requirements; and reviewing and evaluating
consultant reports. Where it is unclear whether a contract is a Contract for an Operations and
Maintenance Project, the MWMC Executive Director shal l decide. A monthly report of
Contracts for Operations and Maintenance Projects that exceed the upper dollar limit allowed
by ORS 279B.070 for an intermediate procurement (e.g. in 2025, $250,000) shall be provided
to the MWMC in a format as agreed upon by Eugene and the MWMC. Disposal of assets
shall be in accordance with the MWMC procurement rules .
(9) Interagency Partnership. In partnership and/or coordination with Springfield, provide liaison
with regulatory agencies; participate in preparation and negotiation of interagency
agreements ; monitor Federal and State rules and regulations ; prepare testimony regarding
Federal and State rules and regulations; participate in the application of permits and licenses ;
and take such other actions as may be necessary for the proper operation of the Regional
Facilities .
The services provided in Sections A of this Exhibit are collectively, the "Operational and Maintenance
Functions ." In addition , the Parties recognize Eugene: (i) manages its own industrial pretreatment
program; and (ii) provides for the local collection of wastewater through its own local wastewater
conveyance system , wh ich ultimately connects to the Regional Facilities . Any contracts regarding
Eugene 's industrial pretreatment program and/or Eugene 's local wastewater collection system shall be
entered into in the name of Eugene and utilize Eugene 's procurement rules and policies.
Exhibit C to Restated Operation , Maintenance and Administrative Serv ices Agreement -Page 2