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Home My WebLink About16- Memorandum of Agreement - HRDC - Indoor Water Efficiency ProjectMEMORANDUM OF AGREEMENT As Amended Between CITY OF BOZEMAN And HUMAN RESOURCE DEVELOPMENT COUNCIL of District Nine, Inc. For THE INDOOR WATER EFFICIENCY PROJECT This Memorandum of Agreement (this `Agreement') made this day of 2016, between the CITY OF BOZEMAN, a municipal corporation of the State of Montana (COB) and the HUMAN RESOURCE DEVELOPMENT COUNCIL of District IX, Inc. (HRDC), describes the duties, agreements and obligations of the COB and HRDC in connection with the implementation and study of an indoor water efficiency project at select HRDC residential properties within the City in order to conserve water, reduce wastewater generation and provide economic relief to low income families. This Memorandum of Agreement as Amended wholly supersedes the prior Agreement between the two parties dated September 28, 2015, in its entirety. Article 1- Roles and Responsibilities A) HRDC agrees to facilitate and oversee the purchase and installation of 51 WaterSense® labeled 1.28 gpf round toilets, 47 WaterSense® labeled 1.75 gpm showerheads and 47 WaterSense® labeled 1.2 gpm lavatory faucet aerators for use at residential properties located on HRDC Trust land on North 24th Avenue between West Babcock and West Beall Streets, 144 Cottonwood Street, 1607 Koch Street, West Babcock Street and 5th Avenue. B) Prior to installation, HRDC shall verify all recipients of the high efficiency fixtures are COB water customers and shall provide to COB a list of all addresses that are to receive the high efficiency fixtures identified above. C) HRDC shall permit COB to study the meter data and water usage at all locations that are the subjects of the high efficiency fixture installation in years prior to the installations and periodically after the installations for the purposes of research and development of a case study and to track and monitor water usage. The case study may be made available to the public. D) HRDC shall comply with COB's purchasing policy and obtain at least two bids for the project. The project includes the purchase and the installation of the fixtures specified herein. Documentation of the bids shall be provided to COB for review, and approval. No work shall commence until COB provides final approval on the bids submitted. E) HRDC agrees to provide COB with a schedule for installation. All installations shall be completed on or before June 1, 2016. F) HRDC agrees to provide brochures, pamphlets and other promotional materials developed and provided by COB regarding water conservation and ways to save water in and around the home to all customers who receive high efficiency fixture installations in connection with this project. G) COB agrees to cover costs incurred for the purchase of the fixtures identified herein and the services associated with the installation. These costs are not to exceed $21,000.00 for both goods and services. H) The COB agrees to provide $21,000.00 to HRDC to fund activities of HRDC in connection with this Agreement. I) HRDC shall maintain records of all fixture purchases and services related to the project and shall make available to COB as part of the monthly updates. HRDC shall provide monthly project updates to COB through June 1, 2016. Article 2 - Payment Schedule A) The COB will deliver one lump sum payment of $10,500 to HRDC in October 2015 and two remaining payments comprising $5,000.00 on or before April 1, 2016 and a final payment of $5,500.00 on June 1, 2016. Article 3 - Duration of the Agreement A) Should conditions arise which, in the sole opinion and discretion of COB, make it advisable to COB to cease performance under this Agreement, COB may terminate this Agreement by written notice to HRDC ("Notice of Termination for City's Convenience"). The termination shall be effective in the manner specified in the Notice of Termination for City's Convenience and shall be without prejudice to any claims that the COB may otherwise have against HRDC. Article 4 - Independent Contractor A) The parties agree that HRDC is an independent contractor for purposes of this Agreement and is not to be considered an employee of the COB for any purpose. Neither HRDC, or any of its employees, officials, or agents, are subject to the terms and provisions of the COB's personnel policies handbook and may not be considered a COB employee for workers' compensation or any other purpose. HRDC is not authorized to represent the COB or otherwise bind the COB in any dealings between HRDC and any third parties. Article 5 - Non -Discrimination A) HRDC will. not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability. Article 4 - Execution IN WITNESS WHEREOF, the parties have caused this Agreement as amended to be executed by their authorized representatives, on the day and year first written above. CITY OF BOZEMAN (Signature) (City Manager) L,61: S k IUV 15 kt- (Printed Name) APP 0 1 AS TO FORM: i. GREG SULLIVAN, CITY ATTORNEY Human Resource Development Council of District IX, Inc. (Chief Operations Heather Grenier (Printed Name)