HomeMy WebLinkAbout16- Memorandum of Agreement - Montana State University (MSU) Extension Water Quality - 2016 East Gallatin River Water Quality SamplingMEMORANDUM OF AGREEMENT
Between
CITY OF BOZEMAN
And
MSU EXTENSION WATER QUALITY
For
2016 EAST GALLATIN RIVER WATER QUALITY SAMPLING
This Memorandum of Agreement (this 'Agreement') made this Wday of VAA-C{ N , 2016,
between the CITY OF BOZEMAN, a municipal corporation of the State of Montana (COB) and
MONTANA STATE UNIVERSITY EXTENSION WATER QUALITY (MSUEWQ), an affiliate of Montana
State University, describes the duties, agreements and obligations of the COB and MSUEWQ in
connection with water quality sampling of the East Gallatin River for the 2016 field season.
Article 1— Roles and Responsibilities
A) MSUEWQ agrees to assist the COB in connection with a separate Agreement with the
Gallatin Local Water Quality District (GLWQD) to perform water quality sampling
activities on the East Gallatin River in general accordance with 'Recommendations for
Sampling and Modeling the East Gallatin River to Accomplish Multiple Objectives'
(hereafter 'Sampling Effort') developed by the Montana Department of Environmental
Quality hereby incorporated by reference and attached to this Agreement.
B) MSUEWQ will dedicate one staff person to assist the GLWQD in performing the
Sampling Effort for a consecutive 2 week period in August 2016 and a consecutive 2
week period in September 2016.
C) MSUEWQ will attempt to identify a MSU student interested in documenting
performance of the Sampling Effort. Said student, if identified, will take photographs
and document the methods and procedures used to perform the Sampling Effort for
presentation to MSUEWQ and COB.
D) MSUEWQ agrees to coordinate with the GLWQD directly concerning scheduling and
other logistical matters related to its assistance with the Sampling Effort.
MOA for East Gallatin River Water Quality Sampling Page I 1
E) MSUEWQ acknowledges and agrees that work activities conducted in performance of
the Sampling Effort will be managed and directed by the GLWQD.
F) The COB agrees to pay MSUEWQ a unit cost of $215/day with a total cost not -to -exceed
of $4,300 to fund work activities of MSUEWQ staff in connection with this Agreement.
Compensation for student time is not covered under this Agreement.
Article 2 — Payment Schedule
A) The COB will provide payment to MSUEWQ pursuant to monthly invoices submitted in
connection with this agreement. The total amount payable by COB to MSUEWQ under
this agreement is the lesser of $4,300 or the amount determined by multiplying the
$215/day unit cost by the total amount of days worked.
B) For purposes of this agreement a 'day' means one day of work activities completed by
MSUEWQ.
Article 3 — Termination of the Agreement
A) This agreement can be terminated at any time by either party with written or email
notice and confirmation of receipt of notice.
Article 4 — Duration of the Agreement
A) The term of this Agreement shall expire when final payment is received by MSUEWQ.
Article 5 — Independent Contractor
A) The parties agree that MSUEWQ is an independent contractor for purposes of this
Agreement and is not to be considered an employee of the COB for any purpose.
Neither MSUEWQ 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. MSUEWQ is not
authorized to represent the COB or otherwise bind the COB in any dealings between
MSUEWQ and any third parties.
Article 6 — Non -Discrimination
A) MSUEWQ 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.
MOA for East Gallatin River Water Quality Sampling Page 12
Article 7 — 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 B�OZEMAN
(Signature)
C I
iu 1 a4 e r
(Title)
C1� f � S �-. l�� JOU b
(Printed Name)
GI EG)St'[LIVAN, CITY ATTORNEY
MSU EXTENSION WATER QUALITY
1-171
(Signature)
(Title)
W A
(Printed Name)
MOA for East Gallatin River Water Quality Sampling Page 13