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Home My WebLink About19- Memorandum of Understanding - Montana State University - Community-Engaged and Transformation Scholarship (CATS) Program Collaborative Coursework Projects MEMORANDUM OF UNDERSTANDING between MONTANA STATE UNIVERSITY and CITY OF BOZEMAN for Collaborative Coursework Projects through the Community-Engaged and Transformational Scholarship (CATS) Program This Memorandum of Understanding for collaborative coursework projects ("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 City and MSU have enjoyed a long history of collaboration and partnership serving the community; and WHEREAS the City and MSU desire to collaborate on various coursework projects ("Projects") by teaming City staff and MSU students and faculty from multiple academic disciplines using the Epic-N model; and WHEREAS the City intends to dedicate staff time and resources for the Projects, subject to budget approval by the City Commission, and MSU intends to create opportunities for its students to participate and earn university credit; and WHEREAS this MOU outlines the roles, responsibilities and cost-share of the Parties, and is intended to be flexible and may be amended from time to time as necessary and agreed to by the Parties. NOW THEREFORE THE PARTIES AGREE AS FOLLOWS: 1. Term. This MOU will commence on the date last signed, and will terminate on June 30, 2021. The term may be extended for additional two-year terms by mutual written agreement of the Parties. 2. Project Memoranda of Collaboration ("MOC"). Each Project will be described on a separate Project MOC, signed by the Parties, a template of which is attached hereto as Exhibit A. Each Project MOC will describe the specific services to be performed by and Page 1 responsibilities of the Parties for that Project, including: • Description and purpose of the Project; • Identified Project objectives and deliverables; • Timeline and major milestones; • Specific responsibilities of the City and MSU; • Project costs and allocation; • City and MSU Project-specific contact information; • Any additional terms the Parties agree to include for the specific Project. In the event of a conflict between an MOC and this MOU, the terms in the MOC will control. The MOC(s) will be incorporated herein and subject to the terms of this MOU. 3. Modification. Modifications to this MOU will be made by mutual consent of the Parties in writing, signed and dated by each. 4. Termination. Either Party may terminate this MOU at any time by providing written notice to the other Party. S. Ownership of Deliverables. Each party shall retain ownership of its own work product. Each party hereby grants to the other parties a non-exclusive, royalty free, worldwide perpetual license to use, copy, and distribute any work product and information provided that party pursuant to this MOU for any lawful purpose. 6. Advertising. Either Party may advertise or share information concerning the Projects in any form and with any media without the consent of the other Party. 7. Relationship of the Parties. The Parties agree MSU's faculty, students, agents, employees, and consultants performing the tasks described in MOCs are not to be considered employees of the City for workers compensation or any other purpose, and are not subject to the terms and provisions of the City's employee handbook. The City acknowledges and Page 2 agrees that the projects will be performed by enrolled students under the supervision of faculty for academic credit. The students are not professionals and MSU makes no representation that the services provided under particular MOCs are professional services provided by independent contractors. The projects are undertaken to provide students practical experience as part of the graduate or undergraduate educational experience. 8. Indemnification. Each party hereto agrees to be responsible and assume liability for its own wrongful or negligent acts or omissions, or those of its officers, agents or employees to the full extent required by law. 9. Insurance. The City will maintain insurance coverage for personal injury and property damage suffered by City's officials, employees, and agents arising out of or related to this MOU. 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. 10. Nondiscrimination. The Parties agree that all hiring of persons performing under this MOU will be on the basis of merit and qualifications. The Parties will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti- discrimination laws, regulations, and contracts. The Parties will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Parties will require these nondiscrimination terms of contractors providing services under this MOU. 11. No Joint Venture. Nothing contained in this MOU shall be construed to create any partnership or agency relationship between the Parties for any purpose, action, or Page 3 transaction, including those related to this MOU. This MOU does not create a joint venture or any form of separate legal entity 12. No Third Party Beneficiary. This Agreement is for the exclusive benefit of the Parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 13.Appropriation. The Parties agree that City funding for the Projects is subject to budget approval by the City Commission and the City does not guarantee availability of funding for Projects in any fiscal year. 14. Representatives. MSU and City contacts for purposes of this MOU are: MSU Name: Susan Gallagher Address: PO Box 174250 Bozeman, MT 59717-4250 Email: sgallagher@montana.edu City Name: Tanya Andreasen Address: 121 N. Rouse Ave. Bozeman, MT 59771 Email: tandreasen@bozeman.net IN WITNESS WHEREOF, this MOU has been executed by a duly authorized representative of each Party as of the day and year written below. MSU: 3/8/2019 Date Print Name: Steve Albert Title: Executive Director, MSU Western Transportation Institute Page 4 CITY OF BOZEMAN: z4k-,- Andrea�urratt Date City Manager, City of Bozeman Page 5 EXHIBIT A MEMORANDUM OF COLLABORATION [PROJECT NAME] Pursuant to the Memorandum of Understanding for collaborative coursework projects ("MOU") between the City of Bozeman ("City") and Montana State University ("MSU") effective , the Parties agree as follows: 1. COURSE. [Course Title, Course Number, Professor/Instructor Name] 2. PROJECT CONTACTS. i) City Project Contact [Name, Position, phone and email] ii) MSU Project Contact [Name, Position, phone and email] 3. PROJECT PURPOSE AND OBJECTIVES. [Describe] 4. FINAL DELIVERABLES/WORK PRODUCT. • [Example: Compiled written report and illustrative materials of research findings,' analysis, and recommendations; interactive webpage; etc.] S. ROLES AND RESPONSIBILITIES. i) The City agrees to: • [Describe the roles and contributions of the City.] • [Examples: Provide data and documentation of previous work products (e.g., program documents, reports, market studies, plans and maps)that may be related to the memorandum of collaboration • Convene team of City staff to facilitate project development and provision of technical assistance. • Offer technical assistance, as requested • Assist MSU Project Lead to organize student field trip activities, if needed • Have at least one City staff member present at students' final presentations, • Communicate any issues or concerns regarding project to MSU Project Lead] ii) MSU agrees to: Page 6 • [Describe the roles and contributions of MSU.] • [Examples: Develop coursework to support Project deliverables and desired outcomes • Communicate with City staff throughout the project to maintain collaborative element and provide technical assistance • Work with students to prepare coursework reports and presentation materials at culmination of term • Facilitate field trips for the course as needed • Make contact with external stakeholders or organize those stakeholders, as needed, to provide timely information to support project development • Present Project findings to City and others, as deemed necessary • Develop draft and final report to be released to City in electronic and paper format, no more than four months after the end of the term • Communicate any issues or concerns regarding Project to City staff 6. TIMELINE, MAJOR MILESTONES AND TASKS • [Dates for field trips, presentations, etc.; description of tasks] 7. BUDGET AND PAYMENT. $XX,XXX [Add line items if applicable; payment terms] Approved by: MSU: Date Print Name: Title: CITY OF BOZEMAN Andrea Surratt Date City Manager, City of Bozeman Page 7