HomeMy WebLinkAboutIntergovernment Agreement Watershed Based Mercury Fish Tissue with BoiseAGREEMENT
BETWEEN
THE CITY OF MERIDIAN
AND THE CITY OF BOISE
FOR PARTICIPATION IN WATERSHED BASED MERCURY FISH TISSUE
MONITORING PROGRAM
This Agreement (hereinafter "Agreement") is made and entered into this
NJA day ofU� , 2018, by and between the CITY OF MERIDIAN, hereinafter
"MERIDIAN", and the CITY OF BOISE CITY, hereinafter "BOISE", for the purpose of
participating in a watershed based mercury fish tissue sampling program as
required in National Pollutant Discharge Elimination System (NPDES) permits
issued respectively to MERIDIAN and BOISE.
WITNESSETH
WHEREAS, BOISE and MERIDIAN have NPDES permits that require participation in a
watershed based mercury fish tissue sampling program; and
WHEREAS, BOISE has contracted with the United States Geological Survey (USGS)
to develop and implement a six-year fish tissue sampling plan that satisfies NPDES
requirements; and
WHEREAS, Region 10 of the Environmental Protection Agency (EPA) and the Idaho
Department of Environmental Quality (IDEA) have reviewed and approved
BOISE's watershed based mercury fish tissue sampling program; and
WHEREAS, MERIDIAN desires to participate with BOISE in the watershed based
mercury fish tissue sampling program.
NOW THEREFORE, in consideration of the premises, mutual covenants and
agreement herein contained, the parties hereto agree as follows:
L Sampling Program
BOISE shall enter into and manage a contract with the USGS to develop and
implement a watershed based mercury fish tissue sampling program designed to
satisfy certain NPDES permit requirements contained in both MERIDIAN and BOISE's
NPDES permits. The Program shall be for a period of four (4) years beginning
October 2018.
2 Program Costs and Participation
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a. MERIDIAN agrees to pay Boise four thousand five hundred and ninety
dollars ($4,590) per year to participate in the sampling program.
b. This amount represents $0.048 per person based on the 2017 US
Census Bureau population estimate for MERIDIAN based on current
estimates of annual program cost. This amount addresses the
wastewater and stormwater contributions of mercury to the
watershed and is meant to cover MERIDIAN'S proportionate share
of program development and implementation costs based on
current program estimates and continued availability of
supplemental USGS funding. The parties agree to review available
cost data each year to determine if additional funding from
MERIDIAN is required.
c. BOISE will invoice MERIDIAN in October of each year Agreement of
MERIDIAN’S program participation costs, beginning in October 2018.
3. Reports. BOISE shall provide MERIDIAN with an annual report ("Report”)
indicating the results of the prior year watershed based mercury fish
tissue sampling results no later than March 31 of each year. The Report
will include, at a minimum, the nine elements required in the Watershed
Based Mercury Fish Tissue Sampling Program reporting requirements
contained in the MERIDIAN AND BOISE NPDES permits. BOISE will provide
the Report to EPA, IDEQ and the Idaho Fish Consumption Advisory
Program.
4. Term of Agreement. This Agreement shall be effective once both Parties
have executed the Agreement and shall terminate on September 30,
2022.
5. Termination of Agreement/Nonappropriation. Nothing in this paragraph or
elsewhere in this Agreement shall be deemed in any way to obligate
MERIDIAN or BOISE beyond its respective current fiscal year. If during
the term of this Agreement MERIDIAN or BOISE fail to specifically
appropriate sufficient funds to proceed with
the watershed based mercury fish tissue sampling program, this
Agreement shall terminate as of the end of the fiscal year for which funds
had been appropriated.
6. Amendments. This Agreement contains the entire agreement between
the parties with respect to the subject matter hereof and may be
amended only by written instrument signed by MERIDIAN and BOISE.
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Meridian City Council Meeting Agenda July 24, 2018 – Page 179 of 534
7. Authority to Execute. All signatories to this Agreement represent and
warrant that they have the power to execute this Agreement and to
bind the agency they represent to the terms of this Agreement.
8. Notice. Any notice under this Agreement shall be in writing and be
delivered in person, or by United States Mails, postage prepaid, or by
public or private 24-hour overnight courier service (so long as such
service provides written confirmation of delivery), or by facsimile verified
by electronic confirmation. All notices shall be addressed to the party at
the address set forth below or at such other addresses as the parties
may from time to time direct in writing by notice given the other. Any
notice shall be deemed to have been given on (a) actual delivery or
refusal, (b) three (3) days following the day of deposit in the United States
Mails, (c) the day of delivery to the overnight courier, or (d) the day
facsimile delivery is electronically confirmed.
CITY OF
MERIDIAN:
Travis Kissire
Wastewater
Superintendent
City of Meridian
3401 N Ten Mile Rd
Meridian Idaho
83646
(208)888-2191 x1256
tkissire@meridiancity.org
CITY OF BOISE:
Kate Harris
Water Quality Environmental
Manager
City of Boise Public Works
150 N Capitol Blvd
Boise Idaho 83701
208-608-7178
kharris@cityofboise.org
9. No Partnership or Joint Venture:
a. Nothing contained in this Agreement shall be deemed or construed
as creating an employer/employee relationship between the
Parties, a partnership or joint venture between or among the
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Meridian City Council Meeting Agenda July 24, 2018 – Page 180 of 534
Parties, or with any other party, or cause any Party to be
responsible in any way for the obligations of any other Party or non-
party.
b. Each of the Parties shall be responsible for its own negligent errors
and omissions and those of its officers, agents, employees, and
contractors provided, however,that nothing contained herein shall
extend the liability of any Party beyond that provided by the
governing law.
10. Binding Affect: This Agreement shall inure to and bind the successors,
assigns, agents, and representatives of the Parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
day and year herein first written.
CITY OF MERIDIAN
May
Attest:
By:
CITY OF BQI:S.
mayor
Attest:
BY:
B,hg City Clerk Lyn8d Lowry
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