HomeMy WebLinkAbout14- MT Bureau of Mines and Geology, MT Tech MEMORANDUM OF UNDERSTANDING
between
CITY OF BOZEMAN
and
MONTANA BUREAU OF MINES AND GEOLOGY
MONTANA TECH OF THE UNIVERSITY OF MONTANA
Gallatin Valley Groundwater Availability Assessment
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 MBMG is also committed to conducting detailed groundwater investigations in
Montana as part of the Groundwater Investigations Program (GWIP) established by the 2009
Montana State Legislature, and as part of this program is currently completing projects in the
Four Corners and Belgrade-Manhattan areas, and;
Whereas the City of Bozeman (herein referred to as the Collaborator) is committed to
assessing the potential for groundwater development to address future water needs of the
Collaborator owned and managed public water supply;
Whereas the Collaborator uses and relies on water-quantity and water-quality data collected
and maintained by GWAP and GWIP, and;
Whereas MBMG has interest in assisting Collaborator and collecting additional water-
quantity and water-quality data.
These parties enter into this Memorandum of Understanding (MOU) effective on the date last
signed below. The primary goal of the MOU is to allow MBMG to provide existing data on
groundwater resources to Collaborator 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 in the Gallatin Valley.
1
Activities under this MOU will be conducted under the terms and conditions set forth below:
1. Scope of Work-MBMG. MBMG will provide staff support to:
a. Review existing available hydrogeologic information collected and reported in the
Gallatin Valley and draft a scoping report with map(s) that delineates the areas
with the greatest potential for groundwater development, without regard for
engineering and water rights considerations.
b. Provide existing available data, assistance, and expertise to Collaborator and any
agents hired by Collaborator to aid in future groundwater investigations and
engineering assessments of potential groundwater sources, within the normal
scope of service of MBMG.
c. Should assistance and expertise beyond the normal scope of service of MBMG be
warranted, a separate agreement that includes compensation may be considered.
2. Scope of Work-Collaborator. Collaborator will provide staff support and funding to:
a. Review data and information provided by MBMG.
b. Assure communication, coordination, and transfer of MBMG data to any agents hired
by Collaborator.
3. Deviation from Scope of Work.Neither party shall deviate significantly from the scope of
work without prior written agreement.
4. Agreement Period. This MOU will become effective beginning on the date last signed
below. This agreement will expire on June 30, 2016,unless the parties agree in writing to
extend or otherwise change the ending date.
5. Representatives. The MBMG representatives for this MOU will be Alan English and Tom
Michalek, and the Collaborator representative will be Brian Heaston.
6. Compensation. Each party shall cover their own costs to complete activities within the
Scope of Work.
7. 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
2
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: bheaston abozeman.net
8. Publication and Confidentiality. The parties each agree that any publications, information,
data, or conclusions developed under this memorandum are public record and will be
available to the public. Publication by either of the parties will give proper credit to the other
party.
9. Modification. This agreement may be modified upon mutual written agreement.
10. 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.
11. 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.
12. 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.
3
13. Signatures.
S �
Chris Kukulski Date
City Manager
City of Bozeman
//2/0
ohn J. Metesh, .D., P.G. Date
Director and State Geologist
Montana Bureau of Mines and Geology
Beverly Kcarplus H line, Ph.D. ate
Vice Chancellor for Research
Montana Tech of The University of Montana
4