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HomeMy WebLinkAbout17- Memorandum of Agreement - Gallatin Local Water Quality District - 2017 East Gallatin River Water Quality SamplingMEMORANDUM OF AGREEMENT Between CITY OF BOZEMAN And GALLATIN LOCAL WATER QUALITY DISTRICT For 2017 EAST GALLATIN RIVER WATER QUALITY SAMPLING This Memorandum of Agreement ('Agreement') made this _'eday of Mfg`{ , 2017, 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 for the 2017 field season. Article 1— Roles and Responsibilities A) GLWQD agrees to perform water quality sampling activities for the East Gallatin River as specified in this Agreement. Sampling activities will be conducted in general accordance with applicable procedures of the Montana Department of Environmental Quality - Water Quality Protection Bureau. Sampling activities are purposed with filling in data gaps identified by water quality modeling of the East Gallatin River (completed by others) from data largely collected by GLWQD in connection with prior years' memoranda of agreement between COB and GLWQD. 1) GLWQD agrees to prepare a Sampling and Analysis Plan (SAP) to document water quality sampling activities to be conducted for the 2017 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. 2) GLWQD agrees to perform sampling activities necessary to refine the water quality model's simulated spike in benthic algae density for the reach of the East Gallatin River immediately downstream of the COB water reclamation facility (WRF) outfall location. Sampling activities will occur at three field -selected monitoring sites at or 2017 MOA for East Gallatin River Water Quality Sampling Page 1 1 in close proximity to the following Lat/Long coordinate locations and site descriptions: a) Site 1: 45.725209 / -111.069468 (approximately one tenth of a mile downstream of the WRF outfall in the pool before the channel split) b) Site 2: 45.726376 / -111.068929 (approximately three tenths of a mile downstream of the WRF outfall and upstream of the golf course bridge) c) Site 3: 45.727195 / -111.071921 (approximately six tenths of a mile downstream of the WRF outfall and downstream of the channel split confluence) 3) GLWQD agrees to perform sampling activities necessary to refine the water quality model's simulated spike in benthic algae density near the Dry Creek Canal diversion monitoring site. Sampling activities will occur at two field -selected monitoring sites at or in close proximity to the following Lat/Long coordinate locations and site descriptions: a) Site 1: 45.820504/ -111.141104 (approximately five tenths of a mile upstream of Hamilton Rd and upstream of the confluence of Trout Creek) b) Site 2: 45.834079 / -111.150602 (approximately one mile downstream of the Dry Creek Canal diversion) 4) GLWQD agrees to perform sampling activities at all five specified monitoring sites above in order to acquire the following data: a) Monitoring site field data forms and site photographs b) Stream discharge c) Benthic Algae Density (Chlorophyll -a and Ash -Free Dry Weight) d) Water Quality Parameters (Temperature, Conductivity, DO, CBOD20, Organic Nitrogen, NH4-Nitrogen, NO3-Nitrogen, Total Nitrogen, Organic Phosphorous, Inorganic Phosphorous [SRP], Total Phosphorous, Alkalinity, pH) 5) GLWQD agrees to perform sampling activities at all five specified monitoring sites above at a frequency of once per month for the months of June, July, August, September, and October and be conducted during the middle of each month or as near to that time period as monitoring conditions allow. 2017 MOA for East Gallatin River Water Quality Sampling Page 12 B) GLWQD agrees to use laboratories and equipment recognized by DEQto produce data of sufficient quality and to process data as appropriate and input into the state's official water quality database. C) The COB agrees to fund laboratory costs for all five monitoring sites and GLWQD professional services costs to prepare the SAP; and GLWQD professional services costs for sampling activities and data processing for only the three monitoring sites specified in section A.2 above. Costs for these activities are set forth in Article 2 below. D) The GLWQD agrees to cover its own costs for sampling activities and data processing for the two monitoring sites specified in section A.3 above. Article 2 — Payment Schedule A) Laboratory invoices will be paid directly by the COB at a cost not to exceed $22,000. An analytical budget for lab costs shall be prepared by GLWQD and included in the SAP. B) The COB will pay GLWQD for professional services costs for SAP preparation at a lump sum amount of $800. C) The COB will pay GLWQD for professional services costs for sampling activities fieldwork for the three monitoring sites specified in Section A.2 of Article 1 at a unit cost of $750/site visit for a total cost not to exceed $11,250. COB agrees to pay these professional services costs upon presentation of invoices from the GLWQD. D) The COB will pay GLWQD for professional services costs for data processing and data entry into the state's water quality database for the three monitoring sites specified in Section A.2 of Article 1 at a unit cost of $750/site for a total cost not to exceed $2,250. 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, 2018 unless separately extended or amended as agreed by the parties hereto. Article 4 — lndeaendent 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 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. 2017 MOA for East Gallatin River Water Quality Sampling Page 13 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 — Executio IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their authorized representatives, on the day and year first written above. C Y F BOZEMAN (Signalure) City ManagerImu2imA), (Title) �� \ ■• _rid (Printed APP O FORM: GREG- 'SULLIVAN, CITY ATTORNEY N,L-WAL WATER QUALITY DISTRICT atu $oafd Chair (Title) Kathy Gallagher (Printed Name) 2017 MOA for East Gallatin River Water Quality Sampling Page 14