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HomeMy WebLinkAbout18- Memorandum of Agreement - Montana State University - Drought Tolerant Demonstration Garden at the Museum of the Rockies MEMORANDUM OF AGREEMENT Between CITY OF BOZEMAN And MONTANA STATE UNIVERSITY For DROUGHT TOLERANT DEMONSTRATION GARDEN This Memorandum of Agreement (this `Agreement') made this lc:�,day of 2018,between the CITY OF BOZEMAN, a municipal corporation of the State of Iontana (COB), and MUSEUM OF THE ROCKIES (MOR), a department of MONTANA STATE UNIVERSITY (MSU), describes the duties, agreements and obligations of the parties in connection with the installation and ongoing maintenance of a drought tolerant demonstration garden to serve as a community showcase of native and drought tolerant landscaping so as to attract pollinators and instill in the community a change in the way we think about our landscaping choices and outdoor water use. Article 1 - Roles and Responsibilities A) COB agrees to provide drought tolerant landscape designs created by a professional landscape designer with expertise in drought tolerant landscaping for the four planting beds outside the main entrance to the MOR (see Exhibit A). B) MSU agrees to prepare the planting beds for landscaping and irrigation installation. This includes removing all existing landscaping and irrigation equipment, ensuring an irrigation system point of connection is ready for new irrigation system installation in the beds, installing and rough grading topsoil and installing all irrigation system equipment outside of the landscaping beds (valves, filtration, pressure regulation, miscellaneous fittings, etc.). C) COB agrees to purchase all plant material,topsoil, and irrigation system equipment (valves, filtration, pressure regulation, miscellaneous fittings, etc.). D) MSU agrees to provide COB with specifications for all irrigation equipment needed to be purchased and installed outside of the landscaping beds (valves, filtration, pressure regulation, miscellaneous fittings, etc.), and to install such equipment. E) COB agrees to hire a qualified, professional contractor to install the landscaping and irrigation system in the planting beds from the point of connection. F) MSU agrees to design,produce, and install signage for each planting bed and to design and produce brochures to educate community members about drought tolerant gardens and efficient outdoor water use. G) MSU and COB agree to collaboratively develop the content for the signage and brochures. MSU and COB will concur in writing on signage and brochure content before production. H) MSU agrees to provide access to MSU property and facilities as reasonably required by COB for COB and persons hired by COB to perform the services described in this Agreement. I) MSU agrees to and acknowledges that COB may refer community members to MOR to view the planting beds for examples of drought tolerant native landscaping and water efficient irrigation. J) COB agrees to pay for landscaping maintenance for the first year,to be provided by a qualified landscape maintenance professional. For purposes of this Agreement, first year begins at the time the project installation is completed. Maintenance will conform to the Landscape and Irrigation Maintenance Plan (Exhibit B). K) MSU agrees to take over sole responsibility for landscaping maintenance immediately after the first year of maintenance. For purposes of this Agreement, first year begins at the time the project installation is completed. Maintenance will conform to the Landscape and Irrigation Maintenance Plan (Exhibit B). L) MSU and COB agree that MSU will inspect the irrigation system immediately after installation. M) MSU agrees to assume sole responsibility for irrigation system maintenance once inspected and accepted by MSU. MSU is deemed to have accepted the installation of the irrigation system fourteen (14) days after installation is completed unless MSU provides written notice to the City within that period describing the reasons for non- acceptance. Irrigation system maintenance will conform to the Landscape and Irrigation Maintenance Plan (Exhibit B). Article 2 - 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 MSU ("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 MSU. In the event that this agreement is terminated pursuant to this Article 2 after the installation of landscaping and irrigation system,Article 1, items J and K shall remain in effect. Article 3 - Independent Contractor A) The parties agree that MSU is an independent contractor for purposes of this Agreement and is not to be considered an employee of the COB for any purpose. Neither MSU 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. MSU is not authorized to represent the COB or otherwise bind the COB in any dealings between MSU and any third parties. B) The parties agree that COB is an independent contractor for purposes of this Agreement and are not to be considered employees of MSU for any purpose. Neither COB nor any of its employees, officials, or agents, are subject to the terms and provisions of the MSU's personnel policies handbook and may not be considered a MSU employee for workers' compensation or any other purpose. COB is not authorized to represent MSU or otherwise bind MSU in any dealings between COB and any third parties. Article 4- Non-Discrimination A) The parties agree that merit and qualifications will be a basis for the hiring of all persons performing under this Agreement. The parties will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws,regulations, and contracts. The parties 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. The parties will require these nondiscrimination terms of contractors providing services under this Agreement. Article 5 - Liability A) Each party hereto agrees to be responsible and assume liability for its own wrongful or negligent acts or omissions, or those of its officers, agents or employees to the full extent required by law. Montana State University, as a state agency,warrants and represents that it is self-funded for liability insurance,both public and property, with such protection being limited to the officers, employees, servants and agents of Montana State University while acting within the scope of their employment. The parties further agree that nothing contained herein shall be construed or interpreted as (1) denying to either party any remedy or defense available to such party under the laws of the State of Montana; (2) the consent of the State of Montana or its agents and agencies to be sued; or (3) a waiver of sovereign immunity of the State of Montana beyond the waiver provided in Title 2, Ch. 9, Montana Codes Annotated. Article 6 - No joint Venture A) Nothing contained in this Agreement shall be construed to create any partnership or agency relationship between the parties for any purpose, action, or transaction, including those related to this Agreement. This Agreement does not create a joint venture or any other form of separate legal entity. Article 7 - No Third-Party Beneficiary A) This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. Article 8 - Representatives COB and MSU contacts for purposes of this Agreement are: MSU Name: EJ Hook, Environmental Services Manager Address: P.O. Box 172760, Bozeman, MT 59717-2760 Phone: 406-994-7840 Email: edward.hookl@montana.edu COB Name: Jessica Ahlstrom,Water Conservation Specialist Address: 20 East Olive, PO Box 1230, Bozeman, MT 59771 Phone: 406-582-2265 Email: jahlstrom@bozeman.net Article 9 - 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) ANDREA SURRATT, CITY MANAGER AP OVED 0 FORM: G E U LIVAN, CITY ATTORNEY MONTANA STATE UNIVERSITY/MUSEUM OF THE ROCKIES (Signature) _� ,, (TITLE HERE) G �cAvvt-- (Printed Name) Exhibit B Museum of the Rockies Water Wise Demonstration Garden Landscape Maintenance Schedule and Task List Watch for any water stressed plants throughout the growing season. Keep signage upright and in front of plants as they grow. April Weed all beds (1x per month) Manage plants for health and aesthetics Prune woody plants as needed Refresh beds as needed Clean up trash May Weed all beds (2x per month) Add organic fertilizer as needed Replace/refresh individual plant signage Clean up trash June Weed all beds (2x per month) Manage plants for health and aesthetics Clean up trash July Weed all beds (2x per month) Manage plants for health and aesthetics Monitor/manage pests Clean up trash August Weed all beds (2x per month) Manage plants for health and aesthetics Monitor/manage pests Clean up trash September Weed all beds (2x per month) Manage plants for health and aesthetics Monitor/manage pests Clean up trash October Weed beds (1x per month) Prepare bed for winter,maintain seed bank Spread organic vole repellent after cut back Remove and store individual plant signage Clean up trash and debris Museum of the Rockies Water Wise Demonstration Garden Irrigation Maintenance Schedule and Task List Late April-early May • Re-pressurize irrigation system,run and check for leaks,repair as needed Monthly • Test run each zone to check for leaks • Repair as needed • Clean filters • Coordinate irrigation schedule with designer,keep written schedule in controller box up to date. Late September/Early October • Winterize irrigation system