HomeMy WebLinkAbout16- Memorandum of Understanding - Montana State University (MSU) - Transportation Demand Management InitiativeTransportation Demand Management Initiative
Memorandum of Understanding
This Memorandum of Understanding ("MOU") is by and between the City of Bozeman ("City")
and Montana State University ("MSU"); each entity referred to as a "Party" to this MOU, and
together these entities are referred to as the "Parties."
WHEREAS: The Parties recognize the significant growth in population in the area, and
recognize the growth in traffic (vehicle miles traveled "VMT", number of vehicles using area
streets/road); and,
WHEREAS: The Parties desire to address the growth in traffic through a variety of methods,
including the implementation of Transportation Demand Management (TDM) practices; and,
WHEREAS: the Western Transportation Institute ("WTI"), which is a department within the
College of Engineering at Montana State University has received funding it can leverage, and
desires to work with the City and MSU to leverage the funding;
WHEREAS: the work to be conducted under this MOU consists of planning studies to address
construction and alteration of capital facilities as a result of increasing demand on such facilities
caused by new residential and commercial development within the City and strategies to
alleviate or reduce the need to construct new facilities or alter existing facilities to address
increasing demand on such facilities caused by new development within the City; and,
WHEREAS: The Parties recognize the benefit of leveraging the funding to create and implement
the "TDM Initiative";
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
Term & Termination
The term of this agreement shall be for a period of three (3) years, unless earlier terminated by
either party upon sixty (60) days' notice.
Funding
The City and MSU will annually contribute matching funds to the budget of the TDM Initiative
subject to annual appropriation by the Bozeman City Commission. The City will contribute up to
a maximum of $50,000 per year, starting July 1, 2016. MSU will contribute $25,000, with an
additional $100,000 to$150,000 coming from WTI's University Transportation Center (Small
Urban and Rural Livability Center) funds. The contribution level by each Party may be reduced
if other sources of funding are obtained.
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MSU shall:
1. Hire staff or direct current staff to conduct all aspects of the work necessary as part of the
TDM Initiative. These staff will be employed by MSU in the U.S. DOT Small Urban & Rural
Livability Center at the Western Transportation Institute. New or existing staff will be subject to
the terms and provisions of employment applicable to employees of the Montana State
University and as such are not employees of the City nor subject to the City's employment
policies. MSU employees working on the TDM Initiative are not authorized to represent the City
or otherwise bind the City in any dealings between the City and any third parties. David Kack,
Director of the Small Urban & Rural Livability Center, or his successor, will be direct supervisor
of all WTI employees working on the TDM Initiative.
2. Assign WTI staff working on the TDM Initiative to research, prioritize and recommend TDM
strategies to reduce traffic levels, or the level of increase in traffic levels, in the greater Bozeman
area, including Montana State University.
3. Contract with LDP Strategies as part of the TDM effort, with a primary focus on the
infrastructure related portion of TDM. The Contract with LDP Strategies shall include a budget
that will be set on an annual basis by the Director of the Small Urban & Rural Livability Center
after consultation with the Advisory Board.
4. Provide an annual review of the TDM efforts to the Bozeman City Commission.
Implementation of TDM Strateizies
The annual work plan will be presented to the Bozeman City Commission for approval. No plan
may be implemented through the TDM Initiative without approval of both MSU and the City.
Advisory Board
The City and MSU will each assign two people who will form an "Advisory Board" for the
TDM Initiative. The Director of the Small Urban & Rural Livability Center, in consultation with
the Advisory Board, will set the work plan for the TDM Initiative. The Advisory Board will meet
on a regular basis, as determined by the Advisory Board, to review the work of the TDM
Initiative and direct fiiture activities.
Work Product
MSU 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) authored solely by MSU employees under this
agreement. The City shall retain the same rights to work authored solely by its employees and
agents. The Parties will jointly own any work jointly authored under this agreement. MSU
grants the City a perpetual, irrevocable, royalty free right to reproduce, publish, access data, or
otherwise use and authorize others to use all work authored by it and produced under this
contract. The City grants MSU a perpetual, irrevocable, royalty free right to reproduce, publish,
access data, or otherwise use and authorize others to use all work authored by it and produced
under this contract.
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Liabili
Each parry hereto agrees to be responsible and assume liability for its own wrongful or negligent
acts of omissions, or those of its officers, agents or employees to the full extent required by law.
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.
Montana State University, as a state agency, warrants and represents that it is self- funded for
liability insurance, both public and property, with such protection being limited to the officers,
employees, servants and agents of Montana State University while acting within the scope of
their employment. The parties further agree that nothing contained herein shall be construed or
interpreted as (1) denying to either party any remedy or defense available to such party under the
laws of the State of Montana; (2) the consent of the State of Montana or its agents and agencies
to be sued; or (3) a waiver of sovereign immunity of the State of Montana beyond the waiver
provided in Title 2, Ch. 9, Montana Codes Annotated.
Each Party will specify an individual to represent the entity in regard to this MOU.
This MOU, effective upon signature by the Parties, may be modified through written agreement
by the Parties.
City of
11-d I A.
M
Montana StafLe"Ilniv re sity Z Dat
Daniel Stevenson, Associate Vice President, University Services
Western Transportation Institute
Steve Albert, Executive Director
Date
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