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2017- MONTANA TECH TO STUDY WATER Sponsored Research Agreement Sponsor Name: Jefferson County(Montana) Recipient Name: Montana Tech Award No.: Agreement No.: Awarding Agency: Total Funded(if incrementally funded): $8,882 CFDA#: n/a Amount Funded This Action: $ Period of Performance Budget Period: 05/02/2017—10/31/2017 Project Title: Special Requirements: See Attachment 4(check if applicable)❑ Terms and Conditions 1)Terms. Sponsor hereby awards a cost reimbursable agreement,as described above,to Montana Tech(MTech).Scope of work and budget for this Agreement are shown in Attachment 1 and 2,respectively. 2)Compensation. Montana Tech will submit invoices to the sponsor on a monthly basis. Invoices may be submitted using Montana Tech's standard invoice and shall include current and cumulative costs. Sponsor will issue payment within 30 days upon receipt of Montana Tech's invoice. Questions concerning invoice receipt or payments should be directed to the appropriate party's Financial Contact as shown in Attachment 3. A final statement of cumulative costs incurred,including any cost sharing,marked"FINAL"must be submitted to Sponsor's Financial Contact,as shown in Attachment 3,NO LATER THAN ninety(90)days after the Agreement end date.The final statement of costs shall constitute Montana Tech's final financial report. 3)Relationship of Parties. In its performance of this Agreement,MTech shall be an independent entity and not an employee or agent of Sponsor. This Agreement shall not constitute,create,or in any way be interpreted as a joint venture,partnership,or formal business organization of any kind. 4)Modification. Matters concerning the request or negotiation of any changes in the terms,conditions,or amounts cited in this Agreement,and any changes requiring prior approval,should be directed to the appropriate party's Financial Contact,as shown in Attachment 3.Any such changes made to this Agreement require the written approval of each party's Authorized Official as shown in Attachment 3. No-cost extensions require the approval of the Sponsor.Any requests for a no-cost extension should be addressed to and received by the Financial Contact,as shown in Attachment 3,no less than thirty(30)days prior to the desired effective date of the requested change. 5)Reporting Requirements. MTech shall provide reports as required per"Special Requirements"as detailed in Attachment 4,if applicable. 6)Record Retention. All records pertaining to this Agreement shall be retained per MTech's record retention procedures. If any litigation,claim, or audit pertaining to this Agreement is started before the expiration of the record retention,the records must be retained until the litigation, claim,or audit findings have been resolved. 7)Publication and Confidentiality. Because MTech is a state institution of higher education and engages in research activities that are compatible, consistent,and beneficial to its academic role and mission,significant results of research activities must be reasonably available for publication. Before publishing,MTech agrees to give Sponsor a copy of any proposed publication,and Sponsor shall have 45 days to review the publication. MTech shall consider Sponsor's suggested modifications;however,MTech retains final decision as to what the publication shall contain. MTech agrees to take reasonable steps to keep confidential any Sponsor proprietary information supplied to it by Sponsor during the course of performance by MTech and designated in writing as confidential. Such information will not be included in any published material without prior written approval by Sponsor. 8)Patents and Inventions. MTech agrees to take appropriate steps to cause all MTech personnel assigned to this Agreement to file an appropriate invention disclosure for any and all inventions and improvements conceived or reduced to practice solely by any of such personnel in the performance of the activity set forth in the Scope of Work,Attachment 1. If any new intellectual property(IP)is developed during this Agreement,as defined by the filing of an invention disclosure,provisional or non- provisional patent by MTech as sole inventor,MTech agrees to grant Sponsor an option to license MTech's IP at terms to be negotiated between the parties. Such option and first right shall be exercisable by Sponsor for a period of three(3)months after the completion of the research described in Scope of Work,Attachment 1.As to all licenses,which may be granted by MTech to Sponsor under the terms of this Agreement, MTech retains for itself a perpetual royalty-free non-exclusive right to practice the licensed patents and to use the licensed information for research,testing,and educational purposes of MTech. All rights granted are subject to Public Law 96-517,Patent Rights in Inventions made with Federal Assistance(35 USC 4201 et seq.). • Agreement No.""""""" 1 2 9)similar Research. Nothing in this Agreement shalt be construed to limit the freedom of MTech or of its researchers who are not participants under this Agreement,from engaging In similar research made under other grants,contracts,or agreements with parties other than Sponsor. 10)Ownership of Work. MTech will retain right,title and interest,including the right of copyright,in all work reduced to writing or fixed in any media(including reports,articles,photographs,recordings,data,computer programs,and related documentation)produced by MTech under this Agreement. 11)Use of MTech Name. Sponsor will not Include the name,logo,or Identifying marks of MTech or any of Its employees in any advertising,sales, promotion,or other publicity without prior written approval. 12)Equipment. Special equipment purchases under the terms of this Agreement become the property of MTech unless otherwise specified herein. 13)indemnification. Each party shall be responsible and assume Nobility for its own wrongful or negligent acts or omissions,or those of its officers, agents,or employees to the full extent required by law,and agrees to indemnify and hold the other party harmless from any such Nobility. Each party agrees to maintain reasonable coverage for such liabilities,either through commercial insurance or a reasonable self-insurance mechanism, and the nature of such Insurance coverage,or self insurance mechanism,will be reasonably provided to the other party upon request. 14)No Warranties. MTech makes no warranty whatsoever regarding any research outcome obtained hereunder—Any decision regarding safety, applicability,marketability,effectiveness for any purpose,or other use or disposition of any research outcome,shall be the sole responsibility of Sponsor and/or Its assigns and licensees. ._ . 15)Liability Exposure. The parties hereto understand and agree that liability of the State of Montana,MTech,Its officials and employees is controlled and limited by the provisions of Title 2,Ch.9,Montana Codes Annotated. Any provisions of this Agreement,whether or not incorporated herein by reference,will be controlled,limited and otherwise modified to limit any liability of the State of Montana and MTech to that set forth In the above cited laws. 16)Termination. Either party may terminate this Agreement at any time with thirty(30)days written notice to the appropriate party's Administrative Contact as shown In Attachment 3.Sponsor shall pay MTech for termination costs as allowable under Uniform Guidance 2CFR200. 17)Certifications and Assurances. By signing below MTech makes the certifications and assurances shown in Attachment 5. 18)Dispute Resolution. If any dispute arises under this agreement,the parties agree to attempt to resolve the dispute In good falth as follows: 1) First,by Informal negotiation; 2)If informal negotiations fall to resolve the dispute,the parties agree to seek mediation using a mediator acceptable to both parties;3)tf mediation falls to resolve the dispute within 60 days of initial mediation session,the parties may agree to submit to binding arbitration under the provisions of the Montana Uniform Arbitration Act.Title 27,Chapter 5,MCkor seek recourse In the Second Judicial District Court,Silver Bow County,Montana. My dispute regarding or arising under this agreement will be subject to and resolved in accordance with the laws of the State of Montana. It is agreed by the parties that venue for any alternative dispute resolution or Judicial proceeding,to enforce or interpret this agreement will be . ,.conducted In Silver Bow County,Montana. 19)Attachments incorporated into the Agreement:1.Scope of Work(Required),2.Proposed Budget(Required),3.Contacts(Required),4.Special Requirements❑(If checked),5.Certifications'lif checked). Authorized Official of Sponsor. Authorized Official for Montana Tech: Name: Megan Bullock Beverly N.Hardin,Ph.D. Title:County Sanitarian / Vice Chancellor for Researc s•S�a_oc. Date(oalao(7 �t,� IC 5I 31 �'l Date Agreement No.*#****** 13 Attachment 1 Sponsored Research Agreement Scope of Work 1. Introduction Clancy, a small subdivision near Helena, is located in Jefferson County in western Montana (Figure 1). The primary source of drinking water for the Clancy subdivision is individual on-site drinking water wells (Figure 1). Drinking water well data collected in December 2012 found that some of the wells were contaminated with nitrate (NO3-N) and E. coil (Bullock, 2017, personal communication). In a few wells NO3-N concentrations were greater than the EPA drinking water quality standard Maximum Contaminant Level (MCL) of 10 mg/L (USEPA, 2016). This standard has been set to protect infants from methemoglobinemia (blue baby syndrome). Methemoglobinemia may cause serious illness to infants less than six months old and if untreated, can be deadly. In addition to nitrate contamination, two of the ten wells sampled, were found positive for total coliform bacteria. It is hypothesized that some of the Clancy drinking water wells are contaminated by on-site septic system effluent. Clancy subdivision's current method for domestic wastewater disposal consists of individual on-site septic systems. Jefferson County Sanitarian has received multiple reports of septic system failures including surfacing of the seepage. Per Jefferson County Sanitarian, many of these on-site septic systems are failing, posing a serious health risk to the community (Bullock, 2017, personal communication). Some of these septic systems are in close proximity (less than 100 feet) to drinking water wells, and the small lot sizes do not allow for replacement of the drain fields at failing systems (Anderson, 2012). Typical components of raw sewage entering the septic systems are total dissolved solids (TDS), biochemical oxygen demand (BOD), coliform bacteria, nitrogen and phosphorus (Gross, 2004). In addition to these conventional pollutants, the raw sewage may also contain pharmaceuticals and personal care products (Schaider et al., 2016). A typical septic system consists of septic tank and drain field. A typical septic system - (a) reduces TDS and BOD concentrations, (b) converts the organic nitrogen to ammonia, and (c) removes some coliform bacteria (USEPA, 2002). As the septic water flows through the vadose zone, microbes may convert ammonia to nitrate through a process called nitrification. Prickly Pear Creek flows east of the Clancy subdivision. Prickly Pear Creek is impaired for total nitrogen downstream of the Highway 433 (Wylie Dr.) crossing (MTDEO, 2016). It is possible that groundwater contaminated by septic system effluent may be entering Prickly Pear Creek. Agreement No.******** 14 I 1r it bd-b -0e a 3 A. . Srv x, a - Legend LandmarkS 0 # 5 0 5 Mile t o jr ei Figure 1. Drinking water wells locations as downloaded from GWIC(GWIC, 2017) Agreement No.******X* 1 5 - - .7-0::571,...?-- ,.,-,!;...-....i.r .4..,...,,,,k14-7c,:k - ..:—.,11-4,,...4,. . N.,,,,:,..:,"14.2...fr,2. - � . $Y ' "."a ''- _�z _ t - ,ir " ` .a s ' e . : +"i p.- i r ^^��e 'z _ a x� 'E.:a� ..., K �-_�,. ... � .. ter,. +.. _- " - °' i - .--,p +qI f EPA a i. t_andmar _ . �•, :lPe Ceek , - ¢� 'i6 ty r � A�TtXTi RetwEreaii fi TiCm! (mgJ) �s.� f Con 0,'> Q,`2 0.4 #ite$ : w Figure 2. Nitrate+Nitrite as N data collected in December 2012 (Bullock, 2017, personal communication) 2. Project Goals and Objectives Agreement No.******** 16 The goal of the project is to evaluate the septic system effluent contamination of drinking water wells in the Clancy subdivision. The objectives of this proposal are to: • Collect drinking water well samples and analyze them for nitrate, chloride and E. coli • Collect groundwater elevation data and assess the flow directions • Identify the drinking water wells contaminated by septic system effluent • Create a GIS database with drinking water wells, septic systems and water chemistry data The proposed study would provide the basis for assessing health risks associated with the Clancy drinking water wells. 3. Project Implementation The project work will be conducted by Dr. Nagisetty and Montana Tech Environmental Engineering graduate students.The project will be implemented in two phases. Phase I—Drinking water wells water chemistry and elevation data collection In consultation with Megan Bullock (Jefferson County Sanitarian), representative drinking water wells will be identified for data collection. Groundwater samples will be collected and analyzed in the Montana Tech Environmental Engineering Department's laboratory for nitrate, chloride and the presence or absence of E.coli. Specific Conductivity, pH and oxidation-reduction potential (ORP) will be measured in the field. If needed, a subset of samples will be analyzed for additional water quality parameters to attempt to determine the nitrate sources. All chemical analyses will be performed as per the appropriate EPA methods. Water elevation in groundwater wells will be measured using a Solinist Water Level Meter. If needed, well top locations will be surveyed using a RTK GPS instrument. Two Solinist level loggers will be deployed into selected drinking water wells to continuously record the ground water elevations in these wells. Another objective of this study is to evaluate if the nitrate-rich groundwater is entering into Prickly Pear Creek. Water samples will be collected from Prickly Pear Creek, in the stretch along the Clancy subdivision, and analyzed for nitrate, chloride and the presence or absence of E.coli. The sampling locations will be selected based on the groundwater flow directions and in consultation with Megan Bullock. Phase 2—Data analysis and report preparation Chloride and stable isotopes can be used to geochemically fingerprint the contamination of septic systems (McQuillan, 2004). Chloride is a good indicator of septic system effluent as it is conservative and is not subjected to adsorption or redox reactions. Chloride or chloride/nitrate ratios will be used to fingerprint the septic system effluent. Using the ground water elevations, the groundwater flow directions will be determined. One of the outcomes from this study will be identification of drinking water wells that pose the greatest health risk. Using the septic system locations, groundwater flow directions, groundwater chemistry and microbial data, the failing septic systems will be identified. One of the deliverables from this study will be a GIS database with - (a) the locations of drinking water wells and septic systems, (b) groundwater flow directions, (c) drinking water well water quality data and (d) Prickly Pear Creek water quality data. A brief report discussing the results of this study will be submitted at the end of this project. Agreement No.******** 17 4. Project Schedule Phases 1 will be completed in 3 months. Phase 2 will be completed in 2 months. The final report will be submitted by October 31, 2017. Agreement No.******** 18 Attachment 2 Sponsored Research Agreement Proposed Budget #of A. SALARIES AND WAGES Rate Months Clancy RajaNagisetty $9,244 0.10 $924 Graduate Student-Summer $15/hr 300 $4,500 Undergraduate Student-Academic Year Undergraduate Student-Summer Subtotal $5,424 B. FRINGE BENEFITS 25%Faculty $231 3%of Students/Academic Year 10%Students/Summer $450 Subtotal $681 C. OTHER DIRECT COSTS Supplies $650 Contracted Service/Sample Analysis Travel $350 Other/Publishing Costs Subtotal $1,000 PARTICPIANT SUPPORT D. COSTS Graduate Student Fee Waiver ($5,800/yr) $0 Subtotal $0 E. TOTAL DIRECT COSTS $7,106 INDIRECT COSTS(25%of F. TDC) $1,776 G. TOTAL PROJECT COST $8,882 Agreement No.******** 19 Attachment 3 Sponsored Research Agreement Contact Information Sponsor Contacts Montana Tech Contacts Institution/Organization Institution/Organization Name: Jefferson County Name: Montana Tech Address: PO Box H Address: 1300 West Park St Boulder,MT 59632 Butte,MT 59701 EIN No.: 81-6001654 Administrative Contact Administrative Contact Name: Megan Bullock Name: Joanne Lee Address: PO Box H Address: 1300 West Park Street Boulder,MT 59632 Butte,MT 59701 Phone: 406-225-4126 Phone: 406-496-4176 Fax: Fax: 406-496-4723 Email: mbullock @jeffersoncounty-mt.gov Email: ilee@mtech.edu Principal Investigator Principal Investigator Name: Megan Bullock Name: Raja Nagisetty Address: PO Box H Address: 1300 West Park Street Boulder,MT 59632 Butte,MT 59701 Phone: 406-225-4126 Phone: 406-496-4448 Fax: Fax: Email: mbullock @jeffersoncounty-mt.gov Email: rnagisettv@mtech.edu Financial Contact Financial Contact Name: Megan Bullock Name: Carleen Cassidy Address: PO Box H Address: Montana Tech Boulder,MT 59632 1300 West Park St. Butte,MT 59701 Phone: 406-496-4769 Phone: 406-225-4126 Fax: 406-496-4723 Fax: Email: ccassidy @mtech.edu Email: mbullock @jeffersoncounty-mt.gov Authorized Official Authorized Official Name: Megan Bullock Name: Beverly K.Hart line,Ph.D.Vice Chancellor Research Address: PO Box H Address: Office of Research Boulder,MT 59632 Montana Tech 1300 West Park St. Butte,MT 59701 Phone: 406-225-4126 Phone: 406-496-4456 Fax: Fax: 406-496-4723 Email: mbullock @jeffersoncounty-mt.gov Email: grants @mtech.edu Agreement No.******** 1 10 Attachment 4 Sponsored Research Agreement Special Requirements Agreement No."""""" i 11 Attachment 5 Sponsored Research Agreement Certifications and Assurances ey signing the Agreement,the authorized official of the Montana Tech certifies,to the best of his/her knowledge and belief that: Certification Regarding Lobbying 1) No Federal appropriated funds have been paid or will be paid,by or on behalf of Montana Tech,to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant the making of any Federal loan,the entering into of any cooperative agreement,and the extension,continuation,renewal,amendment, or modification of any Federal contract,grant loan,or cooperative agreement. 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or intending to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant,loan,or cooperative agreement,Montana Tech shall complete and submit Standard Form-ILL,"Disclosure Form to Report Lobbying." 3) Montana Tech shall require that the language of this certification be included in the award documents for all subawards at all tiers(including subcontracts,subgrants,and contracts under grants,loans,and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31, U.S. Code.Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure Debarment, Suspension, and Other Responsibility Matters The Montana Tech certifies by signing this Agreement that neither it nor its principals are presently debarred,suspended,proposed for debarment,declared ineligible or voluntarily excluded from participation in this transaction by any federal department or agency. OMB Circular A-133 Assurance Recipient assures Sponsor that it complies with A-133 and that it will notify Sponsor of completion of required audits and of any adverse findings which impact this Agreement. PURCHASE ORDER-CLAIM Claim Number Jefferson County Box H Boulder,Montana 59632 -. r='» De•artment Check Number z. •- Fund O, Acct Sub. O.' Amt CLAIMANT ---- ADDRESS: 1300 West Park Street ------ CITY: ------ Butte, Montana 59701 -----_ DATE: INVOICE a BRIEF DESCRIPTION TOTAL AMOUNT ------ 5/2/17 Groundwater study in Clancy as per agreement $8,882.00 Total $0.00 Dept Approyal Date: 5/2/201 Clerk and Recorder Use Only AMOUNT APPROVED $ FILED. APPROVED Total $8,882.00 Clerk&Recorder DEPUTY CLAIMANT: COUNTY COMMISSIONERS SIGNATURE' USE ONLY DATE CHAIRPERSON For processing and payment supplier must return this MEMBER claim vipl corresponding invoices within one year after merchandise has been purchased or services rendered. MEMBER One Copy-Clerk&Recorder,One Copy Supplier,One Copy Issuing Office CLAIMS REQUIRE 2(TWO)COPIES OF ALL INVOICES ATTACHED