HomeMy WebLinkAboutCity of Boise Idaho, Watershed Based Mercury Fish Tissue Monitoring AGREEMENT 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 28th
day of February , 2023 by and between the CITY OF MERIDIAN (MERIDIAN), and
the CITY OF BOISE CITY(BOISE), for the purpose of participating in a watershed-based
mercury fish tissue sampling program as required in Idaho Pollutant Discharge Elimination
System(IPDES)permits issued respectively to MERIDIAN and BOISE.
WITNESSETH
WHEREAS, BOISE and MERIDIAN have IPDES permits that require participation
in a watershed-based mercury fish tissue sampling program; and
WHEREAS, BOISE has developed and implemented a five (5) year fish tissue
sampling plan that satisfies IPDES requirements; and
WHEREAS, Idaho Department of Environmental Quality(IDEA)has 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:
1. Sampling Program.
BOISE will continue to implement a watershed-based mercury fish tissue sampling program
that satisfies IPDES permit requirements contained in MERIDIAN and BOISE's IPDES
permits. The Program shall be for a period of five (5)years beginning January 2023.
2. Program Costs and Participation.
a. MERIDIAN agrees to pay BOISE the following amounts to participate in the
sampling program.
i. 2023, two thousand seven hundred thirty-seven dollars and eighteen
cents ($2,737.18).
ii. 2024, one thousand two hundred three dollars and forty cents
($1,203.40).
iii. 2025, one thousand two hundred thirty-six dollars and nineteen cents
($1,236.19)
iv. 2026, one thousand two hundred seventy-six dollars and sixty-nine
cents ($1,276.69)
v. 2027, one thousand three hundred fourteen dollars and ninety-nine
cents ($1,314.99)
AGREEMENT BETWEEN THE CITY OF MERIDIAN AND THE CITY OF BOISE FOR
PARTICIPATION IN WATERSHED BASED MERCURY FISH TISSUE MONITORING
b. This amount represents population estimates for MERIDIAN from the 2022
US Census Bureau and the 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. The parties agree to review available cost data each year to
determine if additional funding from MERIDIAN is required. MERIDIAN
agrees to pay any adjustment in its proportional share as determined by that
annual review.
c. BOISE will invoice MERIDIAN by July 1st of each year of this Agreement for
MERIDIAN's program participation costs with payment due by September
30th of each year.
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 June 1 st of each year or as may be required for timely reporting in
compliance with BOISE and MERIDIANs IPDES permits. BOISE will provide the
Report to 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, 2027.
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.
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 Mail,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 folth below or at such other addresses as the
parties may from time to time direct in writing by notice given the other. Any notice
AGREEMENT BETWEEN THE CITY OF MERIDIAN AND THE CITY OF BOISE FOR
PARTICIPATION IN WATERSHED BASED MERCURY FISH TISSUE MONITORING
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 Mail, (c) the day of delivery by the
overnight courier, or(d) the day facsimile delivery is electronically confirmed.
CITY OF MERIDIAN: UNUVin. p Vj46Vk
Warren Hudson
Wastewater Superintendent
City of Meridian
3401 N. Ten Mile Ave.
Meridian, Idaho 83646
208-884-0744 (fax)
208-888-2191
whudson@,meridiancity.ora
CITY OF BOISE:
a e Harri
Water Quality Environmental Program Manager
City of Boise Public Works Department
150 N Capital Blvd.
Boise, Idaho 8370I
208-608-7178
9. No Partnership or Joint Venture; Governine Law
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 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, including, but not limited to, compliance with the IPDES permit of
another party.
b. Each of the parties shall only 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.
c. This Agreement shall be governed and construed in accordance with the laws
of the State of Idaho.
1 O..Binding Affect. This Agreement shall inure to and bind the successors, assigns,
agents, and representatives of the parties.
AGREEMENT BETWEEN THE CITY OF MERIDIAN AND THE CITY OF BOISE FOR
PARTICIPATION IN WATERSHED BASED MERCURY FISH TISSUE MONITORING
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and year herein first written.
CITY OF ERIDIAN CITY OF BOISE
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By. ..mc._._ By:
CO
Mayor Robert E. Sim'son 2-28-2023 Mayor Lauren McLean 2/28/2023
Attest
By: By:
Meridian Citf Clerk Boise City Clerk Lynda Lowry 2/28/2023
Chris Johnson 2-28-2023
'sY �eaAay ..
AGREEMENT BETWEEN THE CITY OF MERIDIAN AND THE CITY OF BOISE FOR
PARTICIPATION IN WATERSHED BASED MERCURY FISH TISSUE MONITORING