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HomeMy WebLinkAbout99- Traffic and Pedestrian Safety Committee Memorandum of Understanding with county, School and City . ORIGINAL MEMORANDUM OF UNDERSTANDING TRAFFIC AND -PEDESTRIAN SAFETY COMMITEE II-lIS AGREEMENT is made and entered into by and among Gallatin County, Montana ("County"), The City of Bozeman, Montana ("City") and The Bozeman High School District and School District Number 7 ("District") WHEREAS, in 1976 the pat1ies previously established the Pedestrian-TraffIc Safety Committee for the purpose of promoting traffic at1d pedestrian safety in and near the City of Bozeman; WHEREAS, the pal1ies desire to reestablish tllis commitment and reform the citizen committee which was an integral part of the safety efforts of the parties. NOW, THEREFORE, in consideration of the mutual covenants and agreements between the pal1ies, it is agreed the Pedestrian and Traflk Safety Committee is hereby created by the City, County and Distlict to replace the Pedestrian- Tramc Safety Committee under the following terms and conditions: 1. THE PURPOSE OF THE MEMORANDUM. The purpose of this Memorandum of Understanding is to form the Pedestrian and Traffic Safety Cornmittee that shall meet publicly on a reb'11lar basis to promote public safety, awareness, and education in order to reduce traffic deaths, injuries and property losses and to make recommendations to the goveming bodies regarding pedestrian and traffic safety issues. 2. , DURATION. This Memorandum of Understanding shall remain in effect until June 30,2004. It may be extended by the parties in writing. 3. A DMTNISTRATION. A. A Board of Directors ("Board") is hereby established for administration of the Committee. Each party shall appoint two Directors who shall in tum appoint three at-large directors by majority vote. Terms shall be two (2) years for each Director. . Current members of the Pedestrian-Traffic Safety Committee shall retain their current membership on the Committee for the duration of their former term. Any unfilled terms at the execution of this MOU shall be filled pursuant to the conditions herein. At-large Directors shall be appointed for upcoming vacant terms no later than May 1 of any year t.hat their term expires. The beginning of each tem1 shall begin on July 1 and shall end on June 30 and the phrase "year" used herein shall mean the same. B. The Bozeman City Manager, the Chainnan of the Gallatin County Commission and the District Superintendent of Schools or their designees shall be ex-officio, non-voting members of the Board. 1 . C. The Board may only take action at a duly noticed meeting of a quorum of five (5) Directors from which a majority vote is taken. The Board may promulgate By-laws and procedures in an eff0I1 to administer the Committee within the terms of this agreement. The Board is authorized, in its name, to perform all acts to fulfill the above stated purpose of the Committee. D. The Committee may solicit and name consultants from agencies with functional and operational responsibilities as well as the users of the transportation systems, including parent groups. E. The Chair of the Board, or a designee, shall be the liaison to the Transportation Coordinating Committee pursuant to the terms of the Memorandum of Agreement fonning such committee. 4. NO SEPARATE LEGAL ENTITY. The parties agree this Memorandum does not create a separate legal entity. 5. FINANCING. The Committee shall be funded by the parties in amounts to be determined by the parties. 6. PROPERTY. Upon termination of this MOU any property acquired shall be appraised and sold at fair market value and split proportionately between the parties. 7. TERMINA TJON. A party may terminate its participation in this Memorandum of Understanding by thirty (30) days written notification to the other parties. The remaining parties, if any, shall amend this MOU by mutual written agreement within thirty (30) days to account for the loss ofthe party. If such agreement can not be reached in thirty (30) days this MOU shall terminate as to all parties. 8. AMENDMENT. This MOU represents the entire agreement between the parties and can only be amended by written agreement by all of the parties. 9. EXECUTION OF MEMORANDUM. This Memorandum of Understanding consists of two pages, plus a signature page for each party, which taken together shall constitute one instrument. The original shall be kept in the office of the Clerk and Recorder of Gallatin County. 10. TERMINA TION OF PREVIOUS AGREEMENT. By execution of this Memorandum of Understanding the parties agree the "Pedestlian~Traffic Safety Committee and Inter- Local Cooperative Agreement" signed December 22, 1976 is hereby terminated and void. END OF MOU~EXCEPT FOR SIGNATWlli PAGE 2 /.,~ . SIGNATURE PAGE GALLATIN COUNTY, MONTANA The undersigned is authorized to execute this MEMORANDUM OF UNDERSTANDING, TRAFFIC AND PEDESTRIAN SAFETY COMMITTEE, and bind Gallatin County, Montana as a party. DATED: ATTEST: 0AeJA.e71~.c Title: 3 i:t . SIGNATURE PAGE CITY OF BOZEMAN, MONTANA The undersigned is authorized to execute this MEMORANDUM OF UNDERSTANDING, TRAFFIC AND PEDESTRIAN SAFETY COMMITTEE, and bind the City of Bozeman, Montana as a party. DATED: Febrl,lary 1, 1999 ~</ ~ -4'111 Title: M r ATJEST: ~~~ Title: Clerk of the Commission 4 r:;:! ~ SIGNATURE PAGE BOZEMAN HIGH SCHOOL DISTRICT AND SCHOOL DISTRICT NO.7 The undersigned is authorized to execute this MEMORANDUM OF UNDERSTANDING, TRAFFIC AND PEDESTRIAN SAFETY COMMITTEE, and bind BOZEMAN HIGH SCHOOL DISTRICT AND SCHOOL DISTRICT NO.7 as a party. / ,~,,;/n DATED: Title: A TTEST: .pi:.. V/S'l7l/cr dt?l'z/c. Title: