Loading...
HomeMy WebLinkAboutMemorandum of Understanding with Montana Bureau of Mines and Geology_8 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Brian Heaston, Project Engineer Craig Woolard, Public Works Director SUBJECT: Authorize the City Manager to sign a Memorandum of Understanding between the City of Bozeman and Montana Bureau of Mines and Geology providing for the installation and maintenance of a stream gage on Lyman Creek. MEETING DATE: September 22, 2014 AGENDA ITEM TYPE: Consent RECOMMENDATION: Authorize the City Manager to sign a Memorandum of Understanding between the City of Bozeman and Montana Bureau of Mines and Geology providing for the installation and maintenance of a stream gage on Lyman Creek. BACKGROUND: The City’s adopted Integrated Water Resources Plan and Implementation Plan call for the installation of a stream gage on Lyman Creek. Lyman Creek is a critical component of the city’s existing water supply infrastructure providing for roughly 20% of the City’s annual water supply needs. The stream gage will provide stream flow data crucial in tracking long-term water supply trends and reliable yields from the Lyman Creek source. The Memorandum of Understanding attached provides for the installation and maintenance of stream gage equipment on Lyman Creek. The City will be responsible for equipment, supplies and maintenance costs and the Montana Bureau of Mines and Geology will be responsible for costs to install and operate the equipment as well as costs for data management. The MOU will run for until June 30, 2019. UNRESOLVED ISSUES: None. ALTERNATIVES: As suggested by the City Commission. FISCAL EFFECTS: Project ‘W30’ in the adopted FY’15 Water Fund CIP provides $40,000 to install stream gages on Lyman Creek and Sourdough Creek. Costs for the initial set up of the Lyman Creek stream gage are expected to not exceed $10,000. A separate MOU with the MBMG for a Sourdough Creek stream gage is being developed currently. Attachments: (1) MOU between COB and MBMG Report compiled on: September 12, 2014 85 MEMORANDUM OF UNDERSTANDING between CITY OF BOZEMAN and MONTANA BUREAU OF MINES AND GEOLOGY MONTANA TECH OF THE UNIVERSITY OF MONTANA Whereas the Montana Bureau of Mines and Geology / Montana Tech of The University of Montana (herein referred to as MBMG) is committed to obtaining water-quantity and water- quality data in compliance with the Montana Ground Water Assessment Act (GWAP). Whereas the City of Bozeman (herein referred to as the Collaborator) is committed to long-term monitoring of the flow and water-quality of Lyman Spring, a Collaborator owned and managed public water supply source. and; Whereas the Collaborator uses and relies on water-quantity and water-quality data collected and maintained by GWAP and MBMG. and; Whereas MBMG has interest in collecting long-term monitoring data from Lyman Spring. These parties enter into this Memorandum of Understanding (MOU) effective on the 15st day of September, 2014. The primary goal of the MOU is to install monitoring equipment and allow cooperative data collection to support MBMG and Collaborator programs, to improve data consistency between the parties, enhance data sharing, and to generally increase the efficiency of data collection at Lyman Spring. Activities under this MOU will be conducted under the terms and conditions set forth below: 1. Scope of Work. MBMG will provide staff support to install and maintain monitoring equipment at Lyman Spring and the Collaborator will provide monitoring equipment, miscellaneous supplies for installation of monitoring equipment, and access to complete tasks described herein. The MBMG representative for this MOU will be Alan English and the Collaborator representative will be Brian Heaston. Neither party shall deviate significantly from the scope of work without prior written agreement. a. The Collaborator will provide at their cost two (2) water-level and water-temperature data loggers and one (1) barometric pressure data logger, for monitoring of water level and water temperature at the existing spring box and flume at Lyman Spring. b. The Collaborator will provide at their cost incidental supplies (hardware) for MBMG-COB Lyman Agreement September 2014 1 86 installation of the monitoring equipment and be responsible for costs associated with repair or replacement of monitoring equipment as needed. c. The Collaborator will provide MBMG access to Lyman Spring for purposes of installing monitoring equipment and conducting site visits to maintain and download data from the monitoring equipment. d. MBMG will provide staff at their cost to install and set up monitoring equipment, including travel. e. MBMG will conduct site visits on at least a quarterly basis (every three months) to maintain and download monitoring equipment at their cost, including travel. f. MBMG will process the monitoring data and upload the processed data to the Montana Ground Water Information Center (GWIC) database for access by Collaborator and the public. 2. Agreement Period. This MOU will become effective beginning September 15, 2014. This agreement will expire on June 30, 2019, unless the parties agree in writing to extend or otherwise change the ending date. 3. Compensation: a. This is a cost share agreement between MBMG and the Collaborator. Each party shall cover their own costs to complete activities within the Scope of Work. 4. Liaisons. MBMG and Collaborator contacts for technical issues are: MBMG Name: Alan English Address: Montana Bureau of Mines and Geology 1300 W. Park Street Butte, Montana 59701 Phone: 406 496-4765 Fax: 406 496-4343 Email: aenglish@mtech.edu Collaborator Name: Brian Heaston Address: City of Bozeman, Engineering Department 20 East Olive Street Bozeman, MT 59715 Phone: 406 582-2280 Fax: 406 582-2263 Email: bheastone@bozeman.net 5. Publication and Confidentiality. The parties each have the right to publish any and all MBMG-COB Lyman Agreement September 2014 2 87 information, conclusions and developments (except that which is designated as CONFIDENTIAL by both parties) resulting from work conducted under this memorandum. Publication by either of the parties will give proper credit to the other party. 6. Modification. This Agreement may not be modified or amended, except by written agreement signed by the parties hereto. If either party find that the costs outlined in this MOU are not consistent with the actual costs to complete the work, either party may request modification of the MOU to correct the discrepancy. This agreement may be modified upon mutual written agreement. 7. Governing Law. The validity, operation and performance of this Agreement shall be governed and controlled by the laws of the State of Montana, and the terms and conditions of this agreement shall be construed and interpreted in accordance with the laws of Montana. 8. Non-Discrimination, Legal Compliance And Indemnification. The parties agree to comply with all federal and Montana laws applicable to this Agreement, including but not limited to all federal and state non-discrimination laws, Montana public agency contract audit access requirements, and insurance. In addition, the parties agree to indemnify and hold harmless each other and each other’s employees, agents and other authorized representatives from all legal claims and expenses, including legal defense costs, arising from the indemnifying party’s negligent or other tortious act or omission. The MBMG shall not be liable for any accidents, property damage, or injuries that occur during the term of this agreement unless the accident, property damage or injuries are caused by direct action of the MBMG. The Collaborator shall not be liable for any accidents, property damage, or injuries that occur during the term of this agreement unless the accident, property damage or injuries are caused by direct action of the Collaborator. 9. Breach And Cancellation Provisions. The material breach of this Agreement by either party shall permit the other party to terminate this Agreement and pursue any permissible legal remedy for such breach; except that the parties must attempt to negotiate in good faith the resolution of any dispute arising from an actual or alleged breach before resorting to cancellation and other legal remedies. MBMG-COB Lyman Agreement September 2014 3 88 10. Signatures. ______________________________________ Chris Kukulski Date City Manager City of Bozeman _________________________________ John Metesh Date Director and State Geologist Montana Bureau of Mines and Geology _________________________________ Bev Hartline Date Vice Chancellor for Academic Affairs and Research Montana Tech of The University of Montana MBMG-COB Lyman Agreement September 2014 4 89