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HomeMy WebLinkAbout15- FY2016 Urban Waterway Stream Gage between City and Gallatin Local Water Quality District MOAMEMORANDUM OF AGREEMENT Between CITY OF BOZEMAN And GALLATIN LOCAL WATER QUALITY DISTRICT For FY2016 Urban Waterway Stream Gages This Memorandum of Agreement (this 'Agreement') made this day of mii , 2015, between the CITY OF BOZEMAN, a municipal corporation of the State of Montana (COB) and the GALLATIN LOCAL WATER QUALITY DISTRICT (GLWQD), describes the duties, agreements and obligations of the COB and GLWQD in connection with operations, maintenance, and data collections for urban waterway stream gages. Article 1— Roles and Responsibilities A) GLWQD agrees to install, operate, and maintain three separate, and concurrent, urban waterway stream flow gages to collect continuous stream flow data for Bozeman Creek, Mandeville Creek, and Mill Ditch at locations mutually established by the parties. Equipment will be deployed for the summer and fall 2015 and re -deployed for spring 2016. B) GLWQD agrees to assist the COB with the purchase of stream gage equipment by providing equipment specifications and vendors from which the COB can obtain equipment quotes. Multi -parameter data sondes can be explored capable of providing continuous measurement of various water quality parameters of concern, such as DO, pH, temperature, conductivity, and TSS, in addition to stream flow. C) The COB agrees to complete the equipment order and deliver the equipment to GLWQD for use in data collections. The GLWQD agrees that the COB will retain ownership of the equipment and that equipment shall be returned to the COB upon request or at the completion of the 2015-2016 data collection season. D) GLWQD agrees to deliver all data collected to the COB including stage/discharge rating curves developed for the stream gage sites. MOA for FY2016 Urban Waterway Stream Gages Page 1 1 Article 2 — Payment Schedule A) The COB agrees to complete the equipment purchase from the equipment vendor and further agrees to reimburse GLWQD for its miscellaneous supplies costs to initially install the equipment at a total cost not to exceed $15,000. B) The COB will pay GLWQD upon submittal of invoices for professional services to install, operate, maintain, and process and deliver data collections at a cost of $1,000/gage site at a total cost not to exceed $3,000. Article 3 — Duration of the Agreement A) The term of this agreement shall expire on June 30, 2016 unless separately extended or amended as agreed by the parties hereto. Article 4 — Independent Contractor The parties agree that GLWQD is an independent contractor for purposes of this Agreement and is not to be considered an employee of the COB for any purpose. Neither GLWQD or any of its employees, officials, or agents, are subject to the terms and provisions of the COB's personnel policies handbook and may not be considered a COB employee for workers' compensation or any other purpose. GLWQD is not authorized to represent the COB or otherwise bind the COB in any dealings between GLWQD and any third parties. Article 5 — Non -Discrimination GLWQD 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. MOA for FY2016 Urban Waterway Stream Gages Page 12 Article 6 — Execution IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their authorized representatives, on the day and year first written above. CITY OF BOZEMAN (Signature) City Manager (Title) Chris Kukulski (Printed Name) APPJROVED AS TO FORM: GREG'-SULLIVAN, CITY ATTORNEY GAV ATIN LOCA6NVATER QUALITY DISTRICT ature) Board Chair (Title) Kathy Gallagher (Printed Name) MOA for FY2016 Urban Waterway Stream Gages Page 13