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HomeMy WebLinkAbout21- Memorandum of Understanding - MSU to Complete Pilot Project Moder Treatment Wetland TechPage 1 MEMORANDUM OF UNDERSTANDING between MONTANA STATE UNIVERSITY and CITY OF BOZEMAN for Collaborative Coursework Projects through the Community-Engaged and Transformational Scholarship (CATS) Program This Memorandum of Understanding (“MOU”) for collaborative coursework projectsis by and between the City of Bozeman (“City”) and Montana State University (“MSU”); each entity referred to as a “Party” to this MOU, and together these entities are referred to as the “Parties.” WHEREAS the City and MSU have enjoyed a long history of collaboration and partnership serving the community; and WHEREAS the MSU CATS Program seeks to match community identified needs and projects with university capacity and expertise while enhancing student engagement with opportunities to apply skills in real contexts; and WHEREAS the City and MSU desiretocollaborate on various courseworkprojects (“Projects”) by teaming City staff and MSU students and faculty from multiple academic disciplines using the Educational Partnerships for Innovation in Communities Network (Epic-N) model; and WHEREAS the City intends to dedicate staff time and resources for the Projects, subject to budget approval by the City Commission, and MSU intends to create opportunities for its students to participate and earn university credit; and WHEREAS this MOU outlines the roles, responsibilities and cost-share of the Parties, and is intended to be flexible and may be amended from time to time as necessary and agreed to by the Parties. NOW THEREFORE THE PARTIES AGREE AS FOLLOWS: 1. Term. This MOU will commence on the date last signed, and will terminate on June 30, 2023. The term may be extended for additional two-year terms by mutual written agreement of the Parties. DocuSign Envelope ID: 70BEE274-8E01-4095-91A2-CA4DBADC7ACD Page 2 2. Project Memoranda of Collaboration (“MOC”). Each Project will be described on a separate Project MOC, signed by the Parties. Each Project MOC will describe the specific services to be performed by and responsibilities of the Parties for that Project, including but not limited to: Description and purpose of the Project; Identified Project objectives and deliverables; Timeline and major milestones; Specific responsibilities of the City and MSU; Project costs and allocation; City and MSU Project-specific contact information; Any additional terms the Parties agree to include for the specific Project. In the event of a conflict between an MOC and this MOU, the terms in the MOC will control. The MOC(s) will be incorporated herein and subject to the terms of this MOU. 3. Modification. Modifications to this MOU will be made by mutual consent of the Parties in writing, signed and dated by each. 4. Termination. Either Party may terminate this MOU at any time by providing written notice to the other Party. 5. Ownership of Deliverables. Each party shall retain ownership of its own work product. Each party hereby grants to the other party a non-exclusive, royalty free, worldwide perpetual license to use, copy, and distribute work product and information provided to and shared between the parties pursuant to this MOU for any lawful purpose. 6. Advertising. Either Party may advertise or share information concerning the Projects in any form and with any media without the consent of the other Party subject to any specific restrictions detailed in each MOC. DocuSign Envelope ID: 70BEE274-8E01-4095-91A2-CA4DBADC7ACD Page 3 7. Relationship of the Parties. The Parties agree MSU’s faculty, students, agents, employees, and consultants performing the tasks described in MOCs are not to be considered employees of the City for workers compensation or any other purpose, and are not subject to the terms and provisions of the City’s employee handbook. The City acknowledges and agrees that the projects will be performed by enrolled students under the supervision of faculty for academic credit. The students are not professionals and MSU makes no representation that the services provided under particular MOCs are professional services provided by independent contractors. The projects are undertaken to provide students practical experience as part of the graduate or undergraduate educational experience. 8. Indemnification. 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. 9. Insurance. The City will maintain insurance coverage for personal injury and property damage suffered by City’s officials, employees, and agents arising out of or related to this MOU. MSU, 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. 10.Nondiscriminationand Equal Pay. The Parties agree that all hiring of persons performing under this MOU will be on the basis of merit and qualifications. The Parties 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, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. Further, The Parties represent they are in compliance with the requirements of the Equal Pay DocuSign Envelope ID: 70BEE274-8E01-4095-91A2-CA4DBADC7ACD Page 4 Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). The Parties will require these nondiscrimination and equal pay terms of contractors providing services under this MOU. 11. No Joint Venture. Nothing contained in this MOU shall be construed to create any partnership or agency relationship between the Parties for any purpose, action, or transaction, including those related to this MOU. This MOU does not create a joint venture or any form of separate legal entity 12. No Third Party Beneficiary. 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. 13. Appropriation. The Parties agree that City funding for the Projects is subject to budget approval by the City Commission and the City does not guarantee availability of funding for Projects in any fiscal year. 14. Representatives.MSU and City contacts for purposes of this MOU are: MSU Name:Susan Gallagher Address:PO Box 174250 Bozeman, MT 59717-4250 Email:sgallagher@montana.edu City Name:Shawn Kohtz Address:PO Box 1230 Bozeman, MT 59771-1230 Email:skohtz@bozeman.net IN WITNESS WHEREOF, this MOU has been executed by a duly authorized representative of each Party as of the day and year written below. DocuSign Envelope ID: 70BEE274-8E01-4095-91A2-CA4DBADC7ACD Page 5 Montana State University: 1/7/21 _____________________________________________ _________ Date Print Name: ___Craig Woolard__________________ Title: _Head of Department of Civil Engineering, Montana State University_ CITY OF BOZEMAN: _______________________________________________________ Jeff Mihelich Date City Manager, City of Bozeman DocuSign Envelope ID: 70BEE274-8E01-4095-91A2-CA4DBADC7ACD 1/27/2021 EXHIBIT A MEMORANDUM OF COLLABORATION Piloting Modern Treatment Wetland Technology for Montana Pursuant to the Memorandum of Understanding for collaborative coursework projects (“MOU”) between the City of Bozeman (“City”) and Montana State University (“MSU”) effective _________, the Parties agree as follows: 1. Project. Piloting Modern Treatment Wetland Technology for Montana (“Project”). 2. PROJECT CONTACTS. i)City Project Contact Shawn Kohtz, 406-582-2288, skohtz@bozeman.net Brian Heaston, 406-582-2282, bheaston@bozeman.net Tom Radcliffe, 406-582-2928, tradcliffe@bozeman.net ii)MSU Project Contacts Otto Stein, 406 994- 6121 ottos@montana.edu Christopher R. Allen 994-2161 christopher.allen1@montana.edu Ellen G. Lauchnor 994-2134 ellen.lauchnor@montana.edu Craig Woolard 994-7402 craig.woolard@montana.edu 3. PROJECT PURPOSE AND OBJECTIVES. Treatment wetlands offer an inexpensive option for tertiary treatment of already high quality effluent from mechanical systems and enable those facilities to meetthe highest attainable levels of treatment. Additional data is required to determine removal efficiencies (and hence flow based estimates) for Montana specific conditions, however, rough sizing criteria indicate an area as small as 40 acres would effectively treat the 8.5 million gallons per day (gpd) design flow of the Bozeman Water Reclamation Facility. As part of a greater project piloting several different wetland technologies, MSU will design, assist in construction and monitor water quality from a pilot tertiary wetland system to remove nutrients from effluent of the Bozeman Reclamation facility. A full project description is attached. 4. FINAL DELIVERABLES/WORK PRODUCT. A written report of all research findings will be delivered to Montana Department of Environmental Quality and the City upon completion of the monitoring period. The City will have access to all preliminary findings and City personnel will have input on operation of the pilot systems. 5. ROLES AND RESPONSIBILITIES. i) The City agrees to: Provide funding to MSU in the amount of $30,000 per the City’s currently approved Capital Improvements Plan (FY 2021) to support the implementation and design of the Project per City’s Wastewater Fund Number WW50 1/26/2021 DocuSign Envelope ID: 70BEE274-8E01-4095-91A2-CA4DBADC7ACD Propose funding for construction and operation of the pilot system for City Commission consideration in the total amount of $150,000 over three years including fiscal years 2022-2024. Provide space at the City’s Water Reclamation Facility near the headworks, primary clarifiers, and effluent discharge locations of the plant for the duration of the pilot study Provide data and documentation of previous work products (e.g., program documents, reports, market studies, plans and maps) that may be related to the memorandum of collaboration Convene team of City staff to facilitate project development and provision of technical assistance Offer technical assistance to the extent staff capacity allows for that assistance Have at least one City staff member present at students’ final presentations Communicate any issues or concerns regarding project to MSU Project Lead Enable access to the research site Provide water quality monitoring data for the treatment plant ii) MSU agrees to: Design and oversee construction of several pilot wetlands systems at the Bozeman Water Reclamation facility including systems for raw, partially treated, and polishing of fully treated wastewater Work with City Public Works and reclamation facility personnel to site and maintain pilot infrastructure Support graduate student(s) dedicated to monitoring of the pilot wetland systems Present Project findings to City, and others as deemed necessary Develop draft and final report to be released to City in electronic format, no more than four months after the end of the project Communicate any issues or concerns regarding Project to City staff 6. TIMELINE, MAJOR MILESTONES AND TASKS September, 2020: Proposed Start date March, 2021: submittal of draft construction details for City review May, 2021: Commence construction August, 2021 Limited operation and monitoring to enhance plant growth May, 2022 Full operation and data collection commences September, 2024 Submission of Final Report 7. BUDGET AND PAYMENT. Year 1: $30,000 Years 2-4: TBD in consultation with Montana Department of Environmental Quality and City Commission. The City Commission recently approved the City Capital Improvements Plan for Fiscal Years 2022-2026. $50,000 is included in each of fiscal years 2022, 2023, and 2024 of the City Capital Improvements Plan for construction and operation of the pilot system including analysis of the results. DocuSign Envelope ID: 70BEE274-8E01-4095-91A2-CA4DBADC7ACD