HomeMy WebLinkAbout19- Memorandum of Understanding and License - HRDC, Inc. - Use of the Streamline Transit Station MEMORANDUM OF UNDERSTANDING & LICENSE
Between
HUMAN RESOURCES DEVELOPMENT COUNCIL OF DISTRICT IX, INC.
And
CITY OF BOZEMAN
For Use of the Streamline Transit Station
WHEREAS the City of Bozeman("City") owns a condominium on the ground floor of the
building known as Bridger Park Downtown, 26 East Mendenhall, Bozeman Montana which is
legally described as Intermodal Commerce Condominiums Unit R-413 ("City Condominium") for
the enjoyment and benefit of the public; and
WHEREAS 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; and
WHEREAS the City and HRDC (collectively, the "Parties") have enjoyed a long history of
collaboration and partnership serving the public interest; and
WHEREAS Streamline Transit("Streamline") is a program of HRDC that provides fare-free
bus service throughout the Bozeman area, and which has for many years utilized the Premises as
a transfer station ("Transfer Station"); and
WHEREAS both Parties agree that it would be useful to memorialize in writing their
respective roles and responsibilities with respect to HRDC's license to use and operation of the
Transfer Station; and
WHEREAS this Memorandum of Understanding (MOU) grants HRDC a revocable license
to use the Premises as a Transfer Station only and outlines 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. Agreement Period. This MOU and the license it grants will become effective beginning on
the date last executed below and will expire three calendar years from the date of execution
unless earlier terminated as provided herein. The parties may, upon mutual written
agreement, extend this MOU for one additional three-year term.
2. No Property Interest. HRDC hereby acknowledges this MOU grants a privilege and not an
interest in real property or the title of the City to the Premises and Licensees agree never to
deny such title or claim, at any time, or claim any interest or estate of any kind or extent
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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 other
purposes which do not unreasonably interfere with the activities of HRDC's use.
3. License. The City hereby grants exclusive permission, revocable and terminable as
provided herein, to HRDC for HRDC's use of the portion of the City Condominium
outlined 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 terms
and conditions set forth herein or reasonable orders of the City Manager or its authorized
representatives made from time to time,which HRDC promises to comply with and abide
by. Such right shall include the right to use the Premises for purposes of providing a waiting
room and restroom facilities for users of HRDC's Streamline bus service and a public restroom.
HRDC agrees to comply with all City ordinances and other rules and regulations regarding
permits and approvals related to operations on the Premises as well as those of any other
governmental 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 is
maintained in good and sanitary condition. HRDC shall be responsible for any
damage to the Premises beyond normal wear and tear.
c) Maintain at all times commercial general liability insurance in the amount of$1
million per occurrence, $2 million annual aggregate. Such policy will be primary and
non-contributory, exclusive of any coverage the City may have, and shall name the
City 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 hold
the City harmless against claims, demands, suits, damages, losses, and expenses,
including reasonable defense attorney fees,to the extent caused by (1)the negligence
or willful misconduct of HRDC or its agents or employees, and (2) HRDC's
application or enforcement of HRDC's rules, policies, and regulations at the Transfer
Station. Such obligations shall not be construed to negate, abridge, or reduce other
rights or obligations of indemnity that would otherwise exist.
f) Notify law enforcement of any unauthorized entry to the Transfer Station, and
manage any impacts related to such. To include maintenance and monitoring of
security camera.
g) HRDC shall have the right, from time to time,to redecorate the premises and to
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make non-structural alterations and changes as the HRDC shall deem expedient or
necessary for its purposes.
5. City's responsibilities:
a) Include the Transfer Station in the regular security patrol provided to the Downtown
Parking 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 accordance
with 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 Bozeman
Downtown Parking Garage and Transfer Station ("Code of Conduct"), the Bozeman
City Manager is responsible for implementing City behavior rules and regulations that
apply to use of the Transfer Station. HRDC will post the Code of Conduct, attached
hereto as Exhibit B, on site in the Transfer Station as soon as feasible after execution
of this MOU and will ensure the Code of Conduct remains posted. The City may
amend the Code of Conduct from time to time, and such revision will not invalidate or
terminate this MOU. Should the City adopt revisions to the Code of Conduct, the City
will promptly provide a copy to HRDC and HRDC agrees to post the amended rules in
the Transfer Station as soon as feasible after receipt.
b) The City may implement and enforce a City policy for suspension and revocation of
privileges to use the Transfer Station for violation of law or of City rules of conduct
applicable to the Transfer Station.
c) Nothing herein prevents HRDC from enforcing HRDC mules and regulations at the
Transfer Station including issuing notices of violations of HRDC rules on a form
provided by HRDC. The City encourages HRDC to have clearly established rules and
policies and, if a notice of violation of such rules is issued, that the notice of violation
form explain the HRDC hearing and appeal process in the case of a suspension or
revocation by HRDC of an individual's Transfer Center privileges.
d) The Bozeman Police Department will use best efforts to inform HRDC of any
individual who has been issued a ban notice.
e) Pursuant to Administrative Order 2018-02, Adoption of Policy Restricting Access to
City Property, attached hereto as Exhibit C, Bozeman Police Department personnel
may remove an individual, or individuals, from the Transfer Station if the Code of
Conduct and/or behavior rules are violated by users of the Transfer Station.
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7. Use of Premises.
a) HRDC will operate the Premises solely for the purposes described herein. Decisions
regarding day-to-day operations are the responsibility of HRDC; however, any
material changes in operations including, but not limited to, expanding or reducing the
hours the Transit Station is open, and expanding or reducing the scope of services
provided 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 through
Friday. The Transfer Station will securely locked and will not be open to the public on
weekends, or City of Bozeman holidays, except by prior written agreement between
the HRDC and City of Bozeman.
d) The City may close the Transfer Station without notice if it determines, in its sole
discretion, an immediate threat to public safety or property exists and such closure is
reasonably necessary in order to respond to such threat. In the event of such closure,
the City will notify HRDC as soon as reasonably feasible.
8. Modification. Modifications to this MOU will be made by mutual written consent of the
Parties.
9. Termination. Either Party may terminate this MOU at any time by providing 90 days'
written notice to the other Party. HRDC will surrender the premises on or before the
termination date in good condition excepting normal wear and tear. Upon termination of this
MOU,title to all permanent improvements on the Premises made by Licensee shall vest in
City, free and clear of all debts, liens and encumbrances. All other improvements of a
nonpermanent nature and all trade fixtures, machinery and furnishings made or installed by
HRDC must be removed from the Premises within thirty (30) days after termination unless
such removal will damage the realty and/or permanent improvements of the Premises or
unless otherwise agreed to by the City.
10. Waiver of Claims. HRDC waives all claims against the City for injury to persons or
property on or about the Premises or from use of the Premises. It shall be understood that the
responsibility for ensuring the Transfer Station is free and clear of hazards and is safe for
HRDC's passengers will be entirely that of HRDC and that no claim shall be made against
the City by reason of any act of an employee, officer, or, agent of the City or any trespasser
except as to negligent or intentional acts of City employees in the scope of their respective
employment which are the sole cause such claims.
11. 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
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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 be subject to and comply with Title VI of the Civil Rights Act of 1965; Section
140, Title 2, United States Code, and all regulations promulgated thereunder. The Parties
will require these nondiscrimination terms of contractors providing services under this MOU.
12. Independent Contractor. HRDC is an independent contractor for purposes of this MOU
and is not an employee or agent of the City. HRDC and its employees, officials, or agents
are not subject to the terms and provisions of the City's employee handbook and are not
considered employees for purposes of workers' compensation or any other purpose. Neither
Party 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 any
partnership or agency relationship between the Parties for any purpose, action, or transaction,
including those related to this MOU. This MOU does not create a joint venture or any form
of 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 or
enforced 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-level
personnel from each Party duly authorized to execute settlement agreements. Upon mutual
agreement of the Parties, the Parties may invite an independent, disinterested mediator to
assist in the negotiated settlement discussions. If the Parties are unable to resolve the dispute
within thirty (30) days from the date the dispute was first raised, then such dispute shall be
resolved in a court of competent jurisdiction in compliance with the Applicable Law
provisions of this Agreement.
16. Survival. HRDC's indemnification and other obligations shall survive the termination or
expiration of this Agreement as specified above or for the maximum period allowed under
applicable law.
17. Representatives. HRDC and City contacts for purposes of this MOU are:
HRDC
Name: Sunshine Ross, Program Director
Address: 1812 N. Rouse, Bozeman MT 59715
Phone: 406-587-2334
Email: sross@thehrdc.org
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City
Name: Ed Meece, Parking Program Manager
Address: 121 N. Rouse Ave., Bozeman MT 59771
Phone: 406-582-2903
Email: emeece e,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.
HRDC:
Heather Grenier, CE resident Date
HRDC of District IX, Inc.
32 S. Tracy Ave.
Bozeman,MT 59715
City of Bozeman:
s 261°�
Andrea Surratt Date
City Manager
City of Bozeman
121 N. Rouse Ave.
P.O. Box 1230
Bozeman, MT 59771-1230
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Exhibit B
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ADMINISTRATIVE ORDER 2018—03
Adoption of Code of Conduct for Bozeman Downtown Parldng Garage and Transfer Station
Pursuant to Administrative Order 2018-02, authorizing the establishment of rules regulating
behavior at City buildings, facilities, and other City property, the Code of Conduct for the Bozeman
Downtown Parking Garage and Transfer Station attached hereto as Attachment A is hereby adopted.
DATED this )ay of �1 l'.hY�_lc 1 l , 2018.
Andrea Surratt, City Manager
ATTACHMENT A
CODE OF CONDUCT FOR
BOZEMAN DOWNTOWN PARKING GARAGE AND
TRANSFER STATION
Code of Conduct—Bozeman Downtown Parking Garage & Bus Transfer Station
This code of conduct applies to the following City of Bozeman-owned facilities (the "Facilities"):
® The Streamline Transfer Station ("Transfer Station")
® The Bozeman Downtown Parking Garage ("Garage")
The space in and around the Facilities is for the benefit of the public. For the safety and comfort of all users of the
Facilities, patrons are expected to observe the following:
1. Non-alcoholic drinks are allowed only in a closed container with a lid.
2. In 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 or
small 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 times.
5. Cooperate with reasonable requests from City and Streamline personnel.
6. Be considerate and respect the privacy of others.
The following are strictly prohibited:
7. Fireworks, explosive materials,firearms or weapons of any kind unless legally stowed
8. Possession of an open container of alcohol
9. Defacing, destroying or otherwise vandalizing property or signs
10. Intimidating, harassing,or threatening others
11. Roughhousing; disruptive behavior
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12. Use of profanity or offensive language
13. Smoking, including use of e-cigarettes/vaping/similar devices, and use of smokeless tobacco within the Facilities
14. Consuming alcoholic beverages
15. Screaming,shouting,or playing music at a volume that can reasonably be expected to disturb others j
16. Indecent exposure
17. Drunk or disorderly conduct
18. Urinating or defecating except in restroom facilities
19. Littering
20. Spitting
21. Bringing into the Facilities substances and odors which unreasonably disturb others or unreasonably interfere
with their use of the Facilities,whether such substances or odors are from one's person,clothes, personal
articles, accompanying animal or any other source
22. All other criminal behavior
Use of the Facilities is a privilege Failure to observe any of the above rules of conduct may result in you being asked
to immediately exit the Facilities,suspension of your privileges for a period of time, and/or criminal prosecution.
These rules are narrowly tailored to protect the safety of users of the Facilities and personnel, protect community
members from 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 writing
within 30 days. For appeal instructions, please contact the City Manager by calling 406-582-2306,or writing to City of
Bozeman-City Manager,121 N. Rouse, Bozeman MT 59771.
Rev. February 20, 2018
Exhibit C
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ADMINISTRATIVE ORDER 2018—02
Adoption of Policy Restricting Access to City Property
The following administrative procedures are hereby adopted:
1. Authority. The use of City of Bozeman public facilities, including its parking facilities,
library,city hall,swim center,parks,and other facilities is a privilege and use by an individual,
which interferes with the orderly conduct of City business or the safety and security by other
persons,must be addressed.As such,the City may prohibit,limit,suspend or otherwise restrict
access to or use of its buildings, facilities or other property as necessary to provide for the
orderly conduct of the City's business,services and programs and the safety and security of all
persons visiting or utilizing such City property.
2. Purpose. To establish procedures for the temporary or permanent banning of an individual
from City property, programs, or services based on behavior that violates the Bozeman
Municipal Code or a facility's or program's established rules and regulations. This Policy is
narrowly tailored to protect the safety and security of the public and City Staff, protect users'
rights to participate in City programs and be present on City property without unreasonable
interference, protect City staff s right to perform their jobs without reasonable interference,
ensure the integrity of City property, and fairly enforce penalties for violations.
The City will not deny, directly or indirectly, any person full and equal access or
enjoyment of City property, facilities, programs, activities, or privileges for any
discriminatory reason.
3. Applicability. This Policy applies in all City buildings, facilities or other City property.
4. Responsibility.
a. Administration. The City Manager will administer the Policy.
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b. Adoption of rules and regulations. The City Manager, Assistant City Managers,
Department Directors, Library Director, and Parking Program Manager are authorized
to establish rules and regulations applicable to particular City facilities and programs
that fall within their scope of authority. It is the responsibility of such City
Representatives to ensure rules and regulations applicable to City facilities and
programs are made readily available to the public by posting in a conspicuous location
and are on file in the Department and City Manager's office. The City Attorney must
approve all such rules for legal content prior to implementation. Rules will be adopted
by Administrative Order of the City Manager.
c. Enforcement. Department staff, Bozeman Fire personnel, and/or Bozeman police
officers are authorized to intervene as necessary to enforce rules and regulations and
stop prohibited activities and behaviors.
5. Enforcement Procedures.
a. City staff may issue an oral or written warning to any individual violating this Policy
or applicable rules and regulations. Although violators may receive an oral warning
and be given a chance to rectify their behavior before privileges are lost,any individual
act may result in loss of privileges without prior warning.
b. For multiple or serious offenses,the City Manager,the Assistant City Manager, Police
Chief,Bozeman Police Officers,Fire Chief, Library Director,Department Director, or
Parking Program Manager may suspend or revolve the violator's privilege to enter a
property or facility,be present on City-owned grounds, or participate in City programs
for a period of one day to three years or more depending on the severity of the offense
as determined 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 the
period of revocation of privileges.
c. For City facilities other than City Hall and the Bozeman Public Library,a decision
to suspend or revolve privileges pursuant to this Policy may be made by a Bozeman
Police officer if such officer believes, in their reasonable discretion, that such a
restriction is necessary to achieve the purposes of this Policy and prior consultation
with the City Manager, City Attorney, or applicable department's management
personnel is not practicable. In such event,issuance of the written notice of suspension
or revocation will be communicated promptly thereafter to the City Attorney.
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6. Appeals. Except for the Bozeman Public Library',individuals have the opportunity to appeal
the decision suspending or revolting City privileges to the Bozeman City Manager. The
following requirements apply to all appeals:
a. Individuals must present their appeal by delivering a written statement addressing the
basis of the appeal to the City Cleric, 121 N. Rouse,Bozeman MT 59771 within 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 City
Manager's decision regarding the appeal within thirty (30) days of the submission of
the appeal.
c. Documents and communications related to the appeal are public information
unless the City Attorney's office determines that the appellant's right to privacy
exceeds the public's right to know.
DATED this ,day of 2018.
}
Andrea Surratt, City Man er
The Bozeman Public Library has adopted alternative appeal procedures using the Bozeman Library Board of Trustees.
That appeal process is explained in the Library's behavior policy,which can be found at
hops://www.bozemanlibrary.or /ag bout/policies or by contacting the Library at 626 E.Main Sheet,Bozeman MT 59715.
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