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HomeMy WebLinkAbout16- Montana Conservation Corps for 2016 East Gallatin River Water Quality Sampling . MEMORANDUM OF AGREEMENT Between CITY OF BOZEMAN And MONTANA CONSERVATION CORPS For 2016 EAST GALLATIN RIVER WATER QUALITY SAMPLING This Memorandum of Agreement (this 'Agreement') made this day of � � 2016, between the CITY OE BOZEMAN, a municipal corporation of the State of Montana (COB) and MONTANA CONSERVATION CORPS (MCC), a Montana nonprofit organization, describes the duties, agreements and obligations of the COB and MCC in connection with water quality sampling of the East Gallatin River for the 2016 field season. I Article 1—Roles and Responsibilities j i A) MCC agrees to assist the COB in connection with a separate Agreement with the Gallatin J Local Water Quality District(GLWQD) to perform water quality sampling activities on the East Gallatin River in general accordance with 'Recommendations for Sampling and Modeling the Fast Gallatin River to Accomplish Multiple Objectives' (hereafter 'Sampling Effort') developed by the Montana Department of Environmental Quality hereby i incorporated by reference and attached to this Agreement. i B) MCC will dedicate a 4-person Wildland Restoration Crew to assist the GLWQD in jr performing the Sampling Effort for a consecutive 2 week period in August 2016 and a consecutive 2 week period in September 2016. C) MCC agrees to coordinate with the GLWQD directly concerning crew scheduling and other logistical matters related to its assistance with the Sampling Effort. D) MCC acknowledges and agrees that work activities conducted in performance of the Sampling Effort will be managed and directed by the GLWQD. it MOA for East Gallatin River Water Quality Sampling Page I 1 i? it it E) The COB agrees to pay MCC a unit cost of$600/crew-day with a total cost not-to- exceed of$12,000 to fund work activities of the Wildland Restoration Crew in connection with this-Agreement. Article 2—Payment Schedule A) The COB will provide payment to MCC pursuant to monthly invoices submitted in connection with this agreement. The total amount payable by COB to MCC under this agreement is the lesser of$12,000 or the amount determined by multiplying the $600/crew-day unit cost by the total amount of crew-days worked. B) For purposes of this agreement a 'crew-day' means one day of work activities completed by the 4-person Wildland Restoration Crew. Article 3—Duration of the Agreement A) The term of this agreement shall expire upon final payment is received by MCC. Article 4--Independent Contractor A) The parties agree that MCC is an independent contractor for purposes of this Agreement and is not to be considered an employee of the COB for any purpose. Neither GGWC 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. GGWC is not authorized to represent the COB or otherwise bind the COB in any dealings between GGWC and any third parties. Article 5—Non-Discrimination A) GGWC 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 East Gallatin River Water quality Sampling Page 12 Article 4--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) (Title) ] 1 (Printed Name) A M: G G LIVAN, CITY ATTORNEY I MONTANA CONS RVATION CORPS (Signature) Ce-c�C` (Title) i. (Printed Name) r j !I {I ( MOA for East Gallatin River Water Quality Sampling Page 3 i I