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.
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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.
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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
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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.
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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
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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
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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.
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