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HomeMy WebLinkAbout07-15-19 City Commission Packet Materials - C12. MOU with HRDC of District IX, Inc. for the Streamline Transit StationPage 1 of 1 REPORT TO: Bozeman City Commission FROM: Ed Meece, Parking Program Manager SUBJECT: MOU with Human Resources Development Council (HRDC) Regarding Use of Streamline Transit Station MEETING DATE: July 15, 2019 AGENDA ITEM TYPE: Consent RECOMMENDATION: Authorize the City Manager to sign MOU with Human Resources Development Council Regarding Use of Streamline Transit Station. BACKGROUND: The Human Resource Development Council (HRDC) and City of Bozeman have partnered for the operation of a transit station (Streamline) at the Bridger Park Downtown Garage since its opening in 2009. The transit station is part of the multi- modal transportation approach at the core of a federal grant awarded to the City of Bozeman which funded approximately $4 million of the Bridger Park’s original $12 million in construction costs. In early 2018, the City of Bozeman closed the transit station due to an illegal and unsafe behavior by several individuals utilizing the facility. At that time, the HRDC and City of Bozeman began drafting a written agreement that would clarify the standards for conduct within the transit station, as well as the division of financial and operational responsibilities. The attached Memorandum of Understanding, is the result of that process; with HRDC’s agreement evidenced by the signature of their Executive Director. Now located in a workspace adjacent to the re-configured transit station, the Parking Services Division will be a more active partner in supervising daily activity. Likewise, the HRDC, City of Bozeman, and citizens will have clear written expectation of how behavioral issues will be handled. FISCAL EFFECTS: The Parking Services Division does not expect significant additional costs as a result of the proposed MOU, as costs are pretty closely divided according to past practice. Attachments: Memorandum of Understanding & License with Human Resource Development Council for use of Streamline Bus Station. Report compiled on: July 2, 2019 222 MEMORANDUM OF UNDERSTANDING & LICENSEBetweenHUMAN RESOURCES DEVELOPMENT COUNCIL OF DISTRICT IX,INC.AndCITY OF BOZEMANFor Use of the Streamline Transit StationV/HEREAS the City of Bozeman ("City") owns a condominium on the ground floor of thebuilding known as Bridger Park Downtown,26 East Mendenhall, Bozeman Montana which islegally described as Intermodal Commerce Condominiums Unit R-4B ("City Condominium") forthe enjoyment and benefit of the public; andWHEREAS the Human Resources Development Council of District IX, Inc. ("HRDC" or"Licensee") is a non-profit corporation that provides services to community members in need,including transportation services; andWHEREAS the City and HRDC (collectively, the "Parties") have enjoyed a long history ofcollaboration and partnership serving the public interest; andWHEREAS Streamline Transit ("Streamline") is a program of HRDC that provides fare-freebus service throughout the Bozemarr area, and which has for many years utilized the Premises asa transfer station ("Transfer Station"); andV/HEREAS both Parties agree that it would be useful to memorialize in writing theirrespective roles and responsibilities with respect to HRDC's license to use and operation of theTransfer Station; andWHEREAS this Memorandum of Understanding (MOU) grants HRDC a revocable licenseto use the Premises as a Transfer Station only and outlines roles, responsibilities and cost-shareof the Parties, and is intended to be flexible and may be amended from time to time as necessaryand agreed to by the Parties.NOV/ THEREFORE THE PARTIES AGREE AS FOLLOV/S1. Agreement Period. This MOU and the license it grants will become effective beginning onthe date last executed below and will expire three calendar years from the date of executionunless earlier terminated as provided herein. The parties may, upon mutual writtenagreement, extend this MOU for one additional three-year term.2. No Property Interest. HRDC hereby acknowledges this MOU grants a privilege and not aninterest in real property or the title of the City to the Premises and Licensees agree never todeny such title or claim, at any time, or claim any interest or estate of any kind or extent223 whatsoever in the premises by virtue of this MOU or HRDC's occupancy or use hereunder.The City may enter the Premises at any time to assert its real property interests or for otherpurposes which do not unreasonably interfere with the activities of HRDC's use.3. License. The City hereby grants exclusive permission, revocable and terminable asprovided herein, to HRDC for HRDC's use of the portion of the City Condominiumoutlined and labelled "HRDC Transfer Station" on the drawing attached as Exhibit A (the"Premises" or the "Transfer Station") during the term listed above and only on the termsand conditions set forth herein or reasonable orders of the City Manager or its authorizedrepresentatives made from time to time, which HRDC promises to comply with and abideby. Such right shall include the right to use the Premises for purposes of providing a waitingroom and restroom facilities for users of HRDC's Streamline bus service and apublic restroom.HRDC agrees to comply with all City ordinances and other rules and regulations regardingpermits and approvals related to operations on the Premises as well as those of any othergovernmental entity having jurisdiction.4. HRDC's responsibilities:a) Contract for and pay for regular custodial services for the Transfer Station.b) In consultation with the City's Facilities Superintendent and Parking Manager,perform or cause to be performed maintenance and repairs such that the Premises ismaintained in good and sanitary condition. HRDC shall be responsible for anydamage to the Premises beyond normal wear and tear.c) Maintain at all times commercial general liability insurance in the amount of $1million per occurrence, $2 million annual aggregate. Such policy will be primary andnon-contributory, exclusive of any coverage the City may have, and shall name theCity as additional insured.d) Maintain public access to the restroom at all times the Transfer Station is open.e) To the fullest extent permitted by law, HRDC agrees to indemnify, defend and holdthe City harmless against claims, demands, suits, damages, losses, and expenses,including reasonable defense attorney fees, to the extent caused by (1) the negligenceor willful misconduct of HRDC or its agents or employees, and (2) HRDC'sapplication or enforcement of HRDC's rules, policies, and regulations at the TransferStation. Such obligations shall not be construed to negate, abridge, or reduce otherrights or obligations of indemnity that would otherwise exist.Ð Notifu law enforcement of any unauthorized entry to the Transfer Station, andmanage any impacts related to such. To include maintenance and monitoring ofsecurity camera.g) HRDC shall have the right, from time to time, to redecorate the premises and to2224 make non-structural alterations and changes as the HRDC shall deem expedient ornecessary for its purposes.5. City's responsibilities:a) Include the Transfer Station in the regular security patrol provided to the DowntownParking Garage by the City's contractor.b) Contract for and pay for electricity used by the Transfer Station.c) Perform snow removal for the sidewalks adjoining the Transfer Station in accordancewith the Bozeman Municipal Code.d) Pay for trash removal, sewer, and water service for the Transfer Station.e) Maintain external door locking system in good working order.6. Behavior policy; violations.a) Pursuant to Administrative Order 2018-03, Adoption of Code of Conduct for BozemanDowntown Parking Garage and Transfer Station ("Code of Conduct"), the BozemanCity Manager is responsible for implementing City behavior rules and regulations thatapply to use of the Transfer Station. HRDC will post the Code of Conduct, attachedhereto as Exhibit B, on site in the Transfer Station as soon as feasible after executionof this MOU and will ensure the Code of Conduct remains posted. The City mayamend the Code of Conduct from time to time, and such revision will not invalidate orterminate this MOU. Should the City adopt revisions to the Code of Conduct, the Citywill promptly provide a copy to HRDC and HRDC agrees to post the amended rules inthe Transfer Station as soon as feasible after receipt.b) The City may implement and enforce a City policy for suspension and revocation ofprivileges to use the Transfer Station for violation of law or of City rules of conductapplicable to the Transfer Station.c) Nothing herein prevents HRDC from enforcing HRDC rules and regulations at theTransfer Station including issuing notices of violations of HRDC rules on a formprovided by HRDC. The City encourages HRDC to have clearly established rules andpolicies and, if a notice of violation of such rules is issued, that the notice of violationform explain the HRDC hearing and appeal process in the case of a suspension orrevocation by HRDC of an individual's Transfer Center privileges.d) The Bozeman Police Department will use best efforts to inform HRDC of anyindividual who has been issued a ban notice.e) Pursuant to Administrative Order 2018-02, Adoption of Policy Restricting Access toCity Property, attached hereto as Exhibit C, Bozeman Police Department personnelmay remove an individual, or individuals, from the Transfer Station if the Code ofConduct and/or behavior rules are violated by users of the Transfer Station.J225 7. Use of Premises.a) HRDC will operate the Premises solely for the purposes described herein. Decisionsregarding day-to-day operations are the responsibility of HRDC; however, anymaterial changes in operations including, but not limited to, expanding or reducing thehours the Transit Station is open, and expanding or reducing the scope of servicesprovided by HRDC at the Premises require the City's prior consent in writing.b) HRDC has the right to decorate and redecorate the Premises at HRDC's expense.c) The operating hours of the Transfer Station will be 8 am to 5 pm, Monday throughFriday. The Transfer Station will securely locked and will not be open to the public onweekends, or City of Bozeman holidays, except by prior written agreement betweenthe HRDC and City of Bozeman.d) The City may close the Transfer Station without notice if it determines, in its solediscretion, an immediate threat to public safety or property exists and such closure isreasonably necessary in order to respond to such threat. In the event of such closure,the City will notiff HRDC as soon as reasonably feasible.8. Modification. Modihcations to this MOU will be made by mutual written consent of theParties.9. Termination. Either Party may terminate this MOU at arry time by providing 90 days'written notice to the other Party. HRDC will surrender the premises on or before thetermination date in good condition excepting normal wear and tear. Upon termination of thisMOU, title to all permanent improvements on the Premises made by Licensee shall vest inCity, free and clear of all debts, liens and encumbrances. All other improvements of anonpennanent nature and all trade fixtures, machinery and furnishings made or installed byHRDC must be removed from the Premises within thirty (30) days after termination unlesssuch removal will damage the realty andlor permanent improvements of the Premises orunless otherwise agreed to by the City.10. \ilaiver of Claims. HRDC waives all claims against the City for injury to persons orproperty on or about the Premises or from use of the Premises. It shall be understood that theresponsibility for ensuring the Transfer Station is free and clear of hazards and is safe forHRDC's passengers will be entirely that of HRDC and that no claim shall be made againstthe City by reason of any act of an employee, officer, or, agent of the City or any trespasserexcept as to negligent or intentional acts of City employees in the scope of their respectiveemployment which are the sole cause such claims.11. Nondiscrimination. The Parties agree that all hiring of persons performing under this MOUwill be on the basis of merit and qualifications. The Parties will have a policy to provideequal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Parties will not refuse employment to a4226 person, bar a person from employment, or discriminate against a person in compensation orin 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 theposition require an age, physical or mental disability, marital status or sex distinction. TheParties will be subject to and comply with Title VI of the Civil Rights Act of 1965; Section140, Title 2, United States Code, and all regulations promulgated thereunder. The Partieswill require these nondiscrimination terms of contractors providing services under this MOU.12. Independent Contractor. HRDC is an independent contractor for purposes of this MOUand is not an employee or agent of the City. HRDC and its employees, officials, or agentsare not subject to the terms and provisions of the City's employee handbook and are notconsidered employees for purposes of workers' compensation or any other purpose. NeitherParty is authorized to represent the other or otherwise bind the other Party.13. No Joint Venture. Nothing contained in this MOU shall be construed to create anypartnership or agency relationship between the Parties for any pu{pose, action, or transaction,including those related to this MOU. This MOU does not create a joint venture or any formof separate legal entity.14. 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 orenforced by a third party.15. Dispute Resolution. Any claim, controversy, or dispute between the Parties, their agents,employees, or representatives shall be resolved first by negotiation between senior-levelpersonnel from each Party duly authorized to execute settlement agreements. Upon mutualagreement of the Parties, the Parties may invite an independent, disinterested mediator toassist in the negotiated settlement discussions. If the Parties are unable to resolve the disputewithin thirty (30) days from the date the dispute was first raised, then such dispute shall beresolved in a court of competent jurisdiction in compliance with the Applicable Lawprovisions of this Agreement.1.6. Survival. HRDC's indemnification and other obligations shall survive the termination orexpiration of this Agreement as specified above or for the maximum period allowed underapplicable law.17. Representatives. HRDC and City contacts for purposes of this MOU are:HRDCName:Address:Phone:Email:Sunshine Ross, Program Director1812 N. Rouse, Bozeman MT 59715406-587-2334sross@thehrdc.org5227 ÇilyIN WITNESS WHEREOF, this MOU has been executed by a duly authorized representative ofeach Party as of the day and year written below.HRDC:DateHRDC of District IX, Inc.32 S. Tracy Ave.Bozeman, MT 59715City of Bozem nName:Address:Phone:Email:Andrea SurrattCity ManagerCity of Bozeman121 N. Rouse Ave.P.O. Box 1230Bozeman, MT 59771-1230Ed Meece, Parking Program Manager121 N. Rouse Ave., Bozeman MT 59771406-582-2903emeece@bozeman.netDate6228 HRDC Transfer Station Exhibit A W Mendenhall St a-o HRDC Area l-,ì O "7, Ë i',r''l ,¡t,, .'l "t lntended for Planning purposes only. Revised: 6/6/2019 Legend EHRDC Area E Parking Garage Outline051020 Feet 229 Exhibit BADMINISTRATIVE ORDER 2018 _ 03Adoption of Code of Conduct for Bozeman Downtown Parking Garage and Transfer StationPursuant to Administrative Order 2018-02, authorizing the establishment of rules regulatingbehaviol at City buildings, facilities, and other City ploperty, the Code of Conduct for the BozemanDowntown Parking Garage and Transfel Station attached hereto as Attachment A is hereby adopted.DArED trri, âdlayor -kfnrñn \,2018JAndrea Surratt, City Manager231 ATTACHMENT ACODE OF CONDUCT FORBOZEMAN DOWNTOWN PARKING GARAGE ANDTRANSFER STATION232 Code of Conduct - BozemanDowntown Parkine Garage & Bus Transfer StationThis code of conduct applies to the following City of Bozeman-owned facilities (the "Facilities"):r The Streamline Transfer Station ("Transfer Station")¡ The Bozeman Downtown Parking Garage ("Garage")ThespaceinandaroundtheFacilitiesisforthebenefitofthepublic. ForthesafetyandcomfortofallusersoftheFacilities, patrons are expected to observe the following:1. Non-alcoholic drinks are allowed only in a closed container with a lid'2. ln the Transfer Station, audio equipment may be used with earphones or headphones'3. No animals are permitted in the Transfer Station except service animals under the control of their owner orsmall animals that are confined to a lap size carrier/kennel.4. Rollerskates, skateboards, rollerblades, and similar wheeled items must be carried or safely stowed at all times5. Cooperate with reasonable requests from City and Streamline personnel.6, Be considerate and respect the privacy of others.The following are strictly prohibited7. Fireworl<s, explosive materials, firearms or weapons of any kind unless legally stowed8, Possession of an open container of alcohol9. Defacing, destroying or otherwise vandalizing property or signsL0. lntimidating, harassing, or threatening others11. Roughhousing; disruptive behavior12. Use of profanity or offensive languageL3. Smoking, including use of e-cigarettes/vaping/similar devices, and use of smokeless tobacco within the FacilitiesL4. Consuming alcoholic beveragesl-5. Screaming, shouting, or playing music at a volume that can reasonably be expected to disturb others16. lndecent exposure1-7. Drunk or disorderly conduct1-8. Urinating or defecating except in restroom facilities19, Littering20. Spitting21, Bringing into the Facilities substances and odors which unreasonably disturb others or unreasonably interferewith their use of the Facilities, whether such substances or odors are from one's person, clothes, personalarticles, accompanying animal or any other source22. All other criminal behaviorThese rules are narrowly tailored to protect the safety of users of the Facilities and personnel, protect communitymembersfrom unreasonable interference with their use of the Facilities, and to ensure the integrity of City property.You may appeal the application of any of these rules or suspension of privileges by submitting an appeal in writingwithin 30 days. For appeal instructions, please contact the City Manager by calling 406-582-2305, or writing to City ofBozeman-Cíty Manager, 121 N, Rouse, Bozeman MT 59771.Rev. February 20,2OL8233 Exhibit CADMINISTRATIVE ORDER 2OI8 _02Adoption of Policy Restricting Access to City PropertyThe following administrative procedules are heleby adopted:1. Authority. The use of City of Bozeman public facilities, including its par{<ing facilities,library, city hall, swim center, parks, and other facilities is aprivilege and use by an individual,which interfeles with the ordetly conduct of City business or the safety and security by otherpersons, must be addressed. As such, the City may prohibit, limit, suspend or othetwise restrictaccess to or use of its buildings, facilities or othel property as necessaty to provide for theorderly conduct of the City's business, services and programs and the safety and security of allpelsons visiting ol utilizing such City property,2, Purpose. To establish procedures for the tempol'ary ol permanent banning of an individualflom City property, programs, or services based on behavior that violates the BozemanMunicipal Code or a facility's or program's established rules and regulations. This Policy isnanowly tailoled to protect the safety and security of the public and City Staff, protect users'rights to parlicipate in City programs and be present on City property without unleasonableinterference, protect City staffls right to perform their jobs without t'easonable intelference,ensure the integrity of City propefiy, and failly enforce penalties for violations.The City rvill not deny, directly or indirectly, any person full and equal access orenjoymcnt of City property, facilities, programs, activities, or privileges for anydiscriminatory reason.3. Applicability. This Policy applies in all City buildings, facilities or other City property4. Responsibility.a. Administration. The City Manager will administer the Policy,Page I235 b. Adoption of lules and replations. The City Manager, Assistant City Managers,Deparlment Directors, Library Director, and Parking Program Managel are authorizedto establish rules and regulations applicable to particulal City facilities and plogramsthat fall within theil scope of authority. It is the responsibilþ of such CityRepresentatives to ensure rules and regulations applicable to City facilities andprogl'ams are made readily available to the public by posting in a conspicuous locationand ale on file in the Deparlment and City Manager's offtce. The City Attorney mustapprove all such rules for legal content prior to implementation. Rules will be adoptedby Administrative Order of the City Manager'.c. Enfotcement. Department staff, Bozeman File personnel, and/or Bozeman policeoffrcels are authorized to intervene as necessary to enforce rules and legulations andstop prohibited activities and behavìols.5. EnforcementProcedures.a. City staff may issue an oral or written waming to any individual violating this Policyor applicable rules and regulations. Although violators may receive an oral warningand be given a chance to rectify theil behavior before privileges at'e lost, any individualact may result in loss of privileges without prior warning.b. For multiple or serious offenses, the City Manager, the Assistant City Manager, PoliceChiet Bozeman Police Officers, Fire Chief, Library Director, Department Director, orParking Program Manager may suspend or revoke the violator's privilege to enter aproperty ol facility, be present on City-owned grounds, or participate in City programsfor a period of one day to tlu'ee yeals or mol'e depending on the severity of the offenseas detelmined by the Director by providing the violator with notice in writing,delivered in person or by first-class mail, describing the nature of the violation and theperiod of revocation of plivileges.c. For City facilities other than City Hall and the Bozeman Public Library, a decisionto suspend or revoke privileges pulsuant to this Policy may be made by a BozemanPolice officer if such officer believes, in their reasonable discretion, that such arestliction is necessary to achieve the purposes of this Policy and prior consultationwith the City Manager', City Attorney, or applicable deparlment's managementpersonnel is not practicable. In such event, issuance of the wlitten notice of suspensionor revocation will be communicated promptly thereafter to the City Attorney.Page2236 6. Appeals. Except fol the Bozeman Public Liblaryl, individuals have the opportunity to appealthe decision suspending ol revoking City privileges to the Bozeman City Manager. Thefollowing requirements apply to all appeals:a. Individuals must present their appeal by delivering a written statement addlessing thebasis of the appeal to the City Clerk, 121 N. Rouse, Bozeman MT 59771within thirty(30) days of the date of the written notice, Any notice of appeal made after the 30-day deadline will not be considered.b. The individual submitting the appeal will receive a written statement of the CityManager's decision regarding the appeal within thirty (30) days of the submission ofthe appeal.c. Documents and communications related to the appeal are public informationunless the City Attorncy's office determines that the appellant's right to privacyexcceds the public's right to l<now.DATED rhis 3(y'day of20t8.z,€-.-Andlea Sunatt, CityI The Bozeman Public Library has adopted altemative appeal procedures using the Bozeman Library Board of Trustees.That appeal process is explained in the Library's behavior policy, which can be found athttps://www.bozemanlibrary.orgy'about/policies or by contacting the Library at626E. Main Street, Bozeman MT 59715Page 3237