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MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (hereinatier "MOU") is made between the Regents of the University of Idaho, a public corporation, State educational institution, and a body politic and corporate organized and existing under the Constitution and laws of the State of Idaho (hereinafter "UNIVERSITY"), and City of Moscow, Idaho, a municipal corporation of the State of Idaho (hereinafter "CITY"), RECITALS WHEREAS, CITY's effluent !rom its wastewater treatment plant is regulated by State and Federal laws controlling the quantity and quality of discharge into Paradise Creek; and WHEREAS, to meet State and Federal water quality regulations in a environmentally and financially responsible manner, CITY must reduce the amount of eft1uent discharged from its wastewater treatment plant into Paradise Creek through diversion to other approved uses; and WHEREAS, UNIVERSITY requires a source of water to irrigate UNIVERSITY property and wishes to minimize its utilization of the aquifers supplying the region's only current source of domestic water; and WHEREAS, UNIVERSITY can e!Tectively and safely re-use a significant portion of CITY's discharge from the wastewater treatment plant as an altemative source of irrigation water; and WHEREAS, CITY desires a seasonally reliable diversion of eftluent from its wastewater treatment plant to meet State and Federal ret,'lllations and UNIVERSITY desires a seasonally reliable source of irrigation water to minimize its use of the region's aquifer: and WHEREAS, the implementation of any wastewater re-use MOU between UNIVERSITY and CITY will require a facility study defining effluent filtration improvements at CITY's wastewater treatment plant and a study evaluating the land application infrastructure of UNIVERSITY and the cost for this study shall not exceed Twenty Thousand Dollars ($20,000) for each party; NOW THEREFORE, CITY and UNIVERSITY, in recognition of these facts, agree as follows: l.O Purpose of MOU The purpose of this MOU is to establish the UNIVERSITY and CITY's intent to provide funding to be used as a match for State or Federal funds which may be available to the CITY for the completion of a facility study to determine the feasibility of required improvements, Obligations of the Parties To achieve the purpose of this MOU the parties to the MOU understand their respective obligations for the following: Ul! CITY MEMO!C\ND!i\1 OF WAS IT\VATER RE-t iSF F,\C!LJTY STUDY AUREI-:MFN f PAl iF I OF 3 2003-03 ---PAGE BREAK--- 2.1 CITY and UNIVERSITY shall provide an amount not to exceed Twenty Thousand Dollars ($20,000) each to be used as a local match f()r available State or Federal funding. This funding shall be used to contract for the completion of a facility study defining effluent filtmtion improvements at CITY's wastewater treatment plant and to evalnate the necessary improvements to UNIVERSITY's land application infrastructure (hereinafler "Study"). 2.2 CITY and UNIVERSITY shall jointly develop the consultant scope of work for the Study. 2.3 CITY and UNIVERSITY shall jointly solicit and select for the Study. A six person committee consisting of three CITY and three UNIVERSITY statl shall recommend selection of a qualified consultant as described by "City of Moscow Request for Proposal" which is attached to this MOU as Exhibit A. Tbe selection committee's recommendation shall be presented to City of Moscow Public Works Director and to University's Director lor Facilities Maintenance and Operations ("Directors"). Upon the mutual agreement of the aforementioned Directors, a qualified consultant for the Study shall be selected and notified in accordance with Exhibit A. 2.4 CITY shall be the contract administrator and project manager for the Study and CITY shall prepare the contract for professional services and shall ensure that the Study perfomJCd serves the needs of CITY and UNIVERSITY. 2.5 CITY and UNIVERSITY shall cooperate with further agreements to ensure beneficial wastewater re-use, if both parties find such agreement necessary to achieve that beneficial re-use. 3.0 Term ofMOU and Modification This MOU shall be effective upon the date of the last signature below. The MOU may be terminated or otherwise modified at any time upon the mutual written approval of both parties to the modified terms of this MOU. If State or Federal funding for the purposes described in this MOU has not been awarded by June 30, 2003, this MOU shall be terminated upon that date. 4.0 Entire Agreement This MOU constitutes the entire understanding between the parties with respect to its purpose. 5.0 Authority to Enter MOU Each individual executing this MOU on behalf of an entity represents and warrants that he or she is duly authorized to execute and deliver this MOU on behalf of said entity, and that this MOU is binding upon said entity in accordance with its terms. UJ iCITY MElvlORANDi!M()F{)N!>ERSTANDING W,\STEWAfER RE-l,iSJ-: FAC'IIJTY Sn:uv AcRr+MLNT PARANf){JM OF UNDEHSTANI>!N<3 W,\STE\VA tER Rt-:-liSE FACILITY STUDY ;\(JRUJ,IENT CITY: City of Moscow, Idaho . arshall Comstock, ayor Date: 1-_Z z v_3 PACiF J OF 3