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HomeMy WebLinkAbout16- Memorandum of Agreement - Gallatin Local Water Quality District - FY2017 Urban Waterway Stream GagesMEMORANDUM OF AGREEMENT Between CITY OF BOZEMAN And GALLATIN LOCAL WATER QUALITY DISTRICT For FY2017 Urban Waterway Stream Gages This Memorandum of Agreement (this 'Agreement') made this 1L day of r1 , 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 operations, maintenance, and data collections for urban waterway stream gages. Article 1— Roles and Responsibilities A) GLWQD agrees to install, operate, and maintain five separate, and concurrent, urban waterway stream flow gages to collect continuous stream flow data for Bozeman Creek, Mathew Bird Creek, and Story Ditch at locations mutually established by the parties. Equipment will be deployed for the summer and fall 2016 and re -deployed for spring 2017. B) COB agrees to supply its 3 data sondes to GLWQD for deployment as stream flow gages. GLWQD agrees to supply two TruTrack measuring devices. C) COB agrees to pay for materials and supplies costs necessary to deploy the gaging equipment as well as professional services costs for pre/post deployment QA/QC for the data sondes. D) GLWQD agrees to collect water grab samples from the streams during its periodic visits to the gage sites to collect stream discharge measurements for stage -discharge rating curves. The grab samples will be delivered to COB and undergo testing for TSS, e. coli, TN and TP. MOA for FY2017 Urban Waterway Stream Gages Page 1 1 E) GLWQD agrees to deliver all data collected to the COB including stage/discharge rating curves developed for the stream gage sites. Article 2 — Payment Schedule A) The COB will pay GLWQD upon submittal of invoices for professional services to install, operate, maintain, and process and deliver data collections at the following costs which are not to exceed a total cost of $7,838. 1) $1,866 for each of the three data sonde sites for a total cost of $5,598. 2) $1,120 for each of the two TruTrack sites for a total cost of $2,240. Article 3 — Duration of the Agreement A) 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 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. 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. MOA for FY2017 Urban Waterway Stream Gages Page 12 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) X&-IL-11 City Manager (Title) Chris Kukulski (Printed Name) APPROVED. -s' O FORM: l GR�G SJLLIVAN, CITY ATTORNEY G#LLATIN,LOCAL WATER QUALITY DISTRICT (Title) Kathy Gallagher (Printed Name) MOA for FY2017 Urban Waterway Stream Gages Page 13