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HomeMy WebLinkAbout14- DNRC, Water Resources Division MEMORANDUM OF UNDERSTANDING between CITY OF BOZEMAN and STATE OF MONTANA, DEPARTMENT OF NATURAL RESOURCES WATER RESOURCES DIVISION Whereas the Montana Department of Natural Resources (herein referred to as DNRC) is committed to obtaining water-quantity data in efforts to quantify and assess water supply and availability throughout the state. Whereas the City of Bozeman(herein referred to as the Collaborator) is committed to long- term monitoring of the flow of Sourdough Creek, a public water supply source; Whereas the Collaborator uses and relies on water-quantity data collected and maintained by DNRC; and, Whereas DNRC has expertise in the installation and operation of stream flow monitoring equipment, and has interest in collecting long-term monitoring data from Sourdough Creek. The gage will be integrated into DNRC's statewide streamflow gaging program. These parties enter into this Memorandum of Understanding(MOU)effective on the date last executed below. The primary goal of the MOU is to install monitoring equipment and allow cooperative data collection to support DNRC and Collaborator programs,to improve data consistency between the parties, enhance data sharing, and to generally increase the efficiency of high quality, real-time data collection on Sourdough Creek. Activities under this MOU will be conducted under the terms and conditions set forth below: 1. Scope of Work. DNRC will provide staff support to install and maintain one(1)year round real-time streamflow gage at Sourdough Creek and the Collaborator will purchase streamflow monitoring equipment,miscellaneous supplies for installation of monitoring equipment, and provide access to complete tasks described herein. a. The Collaborator will provide all equipment purchases required for the stream gage installation. b. The Collaborator will provide all incidental supplies (hardware)for installation of the monitoring equipment and be responsible for covering any costs related to future repair or replacement of monitoring equipment as needed. DNRC will be responsible for the actual completion of repairs or replacements. c. The Collaborator will provide DNRC vehicle access along established vehicular routes to Sourdough Creek outside of the winter season for purposes of installing monitoring equipment and conducting site visits to maintain and download data from the monitoring equipment. No vehicular access is allowed during the winter unless specific permission is requested from and granted by the Collaborator. DNRC will endeavor to coordinate vehicle access with Collaborator by providing at least one (1) day advanced notice of when vehicle access is needed. d. DNRC will provide staff to install and set up monitoring equipment, including travel. Installation may necessitate incidental trimming of understory vegetation in order to transport materials and equipment to the installation site,and to optimize a satellite signal to the gage site. DNRC will obtain approval for any required stream permits necessary to properly install and set up monitoring equipment. Collaborator, upon its review and approval,agrees to sign permit applications as landowner and will cover any required permitting fees. e. DNRC will conduct site visits on at least a quarterly basis (every three months)to maintain and inspect monitoring equipment. f. DNRC will process the gage data and upload the processed data to the Montana Water Information real-time website(MontanaWaterInfo.dnrc.mt.gov) for access by Collaborator and the public when the website becomes functional. DNRC will provide data to the collaborator in the interim via email in excel spreadsheet format. The frequency of data provided in the interim will be by request or quarterly. g. DNRC will maintain the Sourdough Creek gage to collect year-round data. Winter data collection(November-March)will Iikely be challenging. Winter data may not be available on a real-time basis due to these challenges and the Collaborator will be notified.DNRC hydrologist will process and qualify winter data in a timely manner. 2. Agreement Period. This MOU will become effective beginning on the date last executed below. This agreement will expire on June 30, 2019,unless the parties agree in writing to extend or otherwise change the ending date. 3. Compensation. This is a cost share agreement between DNRC and the Collaborator. Each party shall cover their own costs to complete activities within the Scope of Work. 4. Liaisons. DNRC and Collaborator contacts for technical issues are: DNRC Name: Russell Levens Address: Montana DNRC 1424 9th Avenue Helena,Montana 59620-1601 Phone: 406 444-6679 Fax: 406 444-0533 Email: rlevens@mt.gov 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: bheaston@bozeman.net 5. Publication and Confidentiality. The parties each have the right to use and publish any and all data, information, conclusions and developments resulting from work conducted under this MOU. All data and information collected by DNRC pursuant to this MOU is public information. 6. Modification.This Agreement may not be modified or amended, except by written agreement signed by the parties hereto. 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 Iaws of Montana. 8. Non-Discrimination, Legal Compliance And Indemnifcation. The parties agree to comply with all federal, State of Montana and local laws applicable to this Agreement, including but not limited to all federal, state, and local non-discrimination laws,Montana public agency contract audit access requirements, and insurance. The Parties shall maintain reasonable records of its performance under this MOU. The Collaborator agrees that DNRC,the Montana Legislative Auditor, or the Montana Legislative Fiscal Analyst may audit all records,reports,and other documents which the Collaborator maintains under or in the course of this MOU to ensure compliance with this MOU. The DNRC agrees to allow the same access to the Collaborator's auditors. Such records,reports, and other documents may be audited at any reasonable time. Each party to this MOU shall be responsible for any damages or injuries arising out of the conduct of activities governed by this MOU, only to the extent that such damages and/or injuries were caused by the negligent or wrongful acts or omissions of its employees, agents or officers. The DNRC 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 DNRC. 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. Signatures. 6 4, I 1 IZ-lc i4 0l2 V/ Chris Kukulski Date i • i vis Da - City Manager • dmini..trator City of Bozeman v, : <, ;esources Division Montana DNRC