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HomeMy WebLinkAbout16- Memorandum of Agreement - Gallatin Local Water Quality District - FY17 East Gallatin River Water Quality SamplingMEMORANDUM OF AGREEMENT Between CITY OF BOZEMAN And GALLATIN LOCAL WATER QUALITY DISTRICT For FY2017 EAST GALLATIN RIVER WATER QUALITY SAMPLING This Memorandum of Agreement (this 'Agreement') made this day of �1 , 2016, between the CITY OF BOZEMAN, a municipal corporation of the State of Montana (COB) and the GALLATIN LOCAL WATER QUALITY DISTRICT (GLWQD), describes the duties, agreements and obligations of the COB and GLWQD in connection with water quality sampling and analysis on the East Gallatin River. Article 1— Roles and Responsibilities A) GLWQD agrees to perform water quality sampling activities on the East Gallatin River in general accordance with 'Appendix A: Recommendations for Sampling and Modeling the East Gallatin River to Accomplish Multiple Objectives' (hereafter 'Sampling Effort') contained in Version 1.0 of the Base Numeric Nutrient Standards Implementation Guidance developed by the Montana Department of Environmental Quality (DEQ) hereby incorporated by referenced and attached to this Agreement. More specifically, the following tasks will be performed by GLWQD to support development of a mechanistic water quality model (to be completed by others) for the East Gallatin River between Bridger Creek and West Gallatin River confluences to be utilized in deriving reach -specific nitrogen and phosphorous criteria: 1) GLWQD agrees to prepare a Sampling and Analysis Plan (SAP) to document activities to be conducted for the Sampling Effort during the 2016 field season. The SAP will be presented to the COB and DEQ for review and approval. Any changes to the approved SAP necessitated by field conditions or other circumstances will be documented by Addendum to the SAP. FY2017 MOA for East Gallatin River Water Quality Sampling Page I 1 2) Acquire data necessary to complete the Objective described in Section A3.0 of the Sampling Effort sufficient to calibrate and confirm a mechanistic model of the study reach. a) Sampling at six sites (A, D, G, H, I, and J) as recommended in Section A3.1 of the Sampling Effort, will be performed in August 2016. Water quality sampling will be synoptic and occur within a 1 or 2 -day period. Biological data (benthic algae and phytoplankton) will be sampled immediately following. Sampling activities will acquire the following data, be documented in the SAP prepared per Article 1.A.1 of this Agreement, and be designed to sample for key model drivers contained in Section A3.1 of the Sampling Effort. 1) Benthic Algae (Chlorophyll -a) 2) Benthic Algae (Ash -Free Dry Mass) 3) Phytoplankton (Chlorophyll -a) 4) Water Quality: Nutrients (TN, TP, SRP, nitrate + nitrite, total ammonia), TSS, ISS, alkalinity, hardness, TOC, CBOD20 5) Stream discharge 6) PAR 7) Instantaneous field parameters (DO, pH, SC, water temperature) 8) Collect data from sondes deployed at each of the 6 sites (A, D, G, H, I, and J) for a minimum of 14 days in August 2016. Water -quality parameters to be measured include DO (DO delta), pH, temperature, conductivity and turbidity. b) Sampling at additional sites as generally recommended in Section A3.2 of the Sampling Effort, will be performed in August 2016 and September 2016. Water quality sampling will be synoptic and occur within a 1 or 2 -day period. Biological data (benthic algae and phytoplankton) will be sampled immediately following. Sampling activities will acquire the following data, be documented in the SAP prepared per Article 1.A.1 of this Agreement, and be designed to sample for key model drivers contained in Section A3.1 of the Sampling Effort. 1) Benthic Algae (Chlorophyll -a) 2) Benthic Algae (Ash -Free Dry Mass) 3) Phytoplankton (Chlorophyll -a) 4) Water Quality: Nutrients (TN, TP, SRP, nitrate + nitrite, total ammonia), TSS, ISS, alkalinity, hardness, TOC, CBOD20 5) Stream discharge 6) PAR FY2017 MOA for East Gallatin River Water Quality Sampling Page 12 7) Collect instantaneous data for: DO, pH, conductance, and temperature B) GLWQD agrees to use laboratories and equipment recognized by DEQto produce data of sufficient quality for the intended purpose of the Sampling Effort and to process data as appropriate and input into the state's official water quality database. C) GLWQD agrees to manage and direct field work activities of personnel representing other organizations that assist the COB, by way of separate Memorandum of Agreement, with the East Gallatin River water quality sampling effort. D) The COB agrees to fund laboratory costs, equipment rental costs, labor costs, and GLWQD professional services costs to the complete the Sampling Effort in accordance with Article 2 below. Article 2 — Payment Schedule A) Laboratory and equipment rental and/or equipment purchase invoices will be paid by the COB directly. A cost not to exceed $50,000 is provided for lab analyses and equipment rentals. A project analytical budget for lab and equipment rentals and/or equipment purchase costs shall be prepared by GLWQD and included in the SAP. B) The COB will pay GLWQD for professional services costs for SAP preparation, lab and equipment vendor coordination, obtaining site access permissions, and field work at a total unit cost of $750/site-visit for a total cost not to exceed $33,750. The COB agrees to pay these professional services costs upon presentation of invoices from the GLWQD. C) The COB will pay GLWQD for professional services costs for data processing and data entry into the state's water quality database at a unit cost of $600/site for a total cost not to exceed $10,200. The COB agrees to pay these professional services costs upon presentation of invoices from the GLWQD. Article 3 — Duration of the Agreement The term of this agreement shall expire on June 30, 2017 unless separately extended or amended as agreed by the parties hereto. Article 4 — Independent Contractor The parties agree that GLWQD is an independent contractor for purposes of this Agreement and is not to be considered an employee of the COB for any purpose. Neither GLWQD nor any of its employees, officials, or agents, are subject to the terms and provisions of the COB's FY2017 MOA for East Gallatin River Water Quality Sampling Page 13 personnel policies handbook and may not be considered a COB employee for workers' compensation or any other purpose. GLWQD is not authorized to represent the COB or otherwise bind the COB in any dealings between GLWQD and any third parties. Article 5 — Non -Discrimination GLWQD will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability. Article 6 — Execution IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their authorized representatives, on the day and year first written above. CITY OF BOZEMAN (Signature) City Manager (Title) Chris Kukulski (Printed Name) WATER -QUALITY DISTRICT ($ign Kathy Gallagher (Printed Name) APPROVED AS T/0 FORM: LLIVAN, CITY ATTORNEY FY2017 MOA for East Gallatin River Water Quality Sampling Page 14