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HomeMy WebLinkAbout21- Memorandum of Understanding - HRDC and WTI - Safe Routes to Parks Equity and Access Grant Memorandum of Understanding Between the City of Bozeman, Human Resource Development Council, Western Transportation Institute for the Safe Routes to Parks Equity and Access Grant This Memorandum of Understanding (the “MOU”) is entered into by and between the City of Bozeman, a municipal corporation organized and existing under its Charter and the laws of the State of Montana with a mailing address of PO Box 1230, Bozeman, MT 59771 (the “City”); Human Resource Development Council (“HRDC”), an independent nonprofit 501(c)3 community action organization with a mailing address of 32 South Tracy Avenue, Bozeman, MT 59715; and Western Transportation Institute (“WTI”, and collectively with the City and HRDC the “Parties”), a department in the College of Engineering at Montana State University a with a mailing address of PO Box 174250, Bozeman, MT 59717-4250. I. RECITALS A. The City of Bozeman Parks and Recreation Department is initiating in 2021 a community-wide public engagement plan for the update to the citywide parks and recreation plan, the Parks, Recreation, Open Space and Trails Plan (PROST), which will include an Active Transportation component. B. Within WTI, the Small Urban, Rural and Tribal Center on Mobility (SURTCOM) conducts research and provides leadership, education, workforce development and technology transfer in all transportation-related aspects of mobility for people and goods, focusing specifically on small urban, rural and tribal areas. C. HRDC is a local nonprofit working to create a place where poverty has no impact because opportunities and quality of life are equally afforded to everyone. D. In December of 2020, the City of Bozeman, the Human Resource Development Council (HRDC), and the Western Transportation Institute (WTI) successfully wrote for a National Safe Routes to Parks Equity & Access Grant (SRTP Grant) in the amount of $12,500. This grant will be used to develop a working partnership between the entities listed above to achieve the goals of the grant, as well as develop a pilot community engagement program for the City of Bozeman. NOW, THEREFORE, the Parties agree to the following: II. AGREEMENT A. General Description of the Project. The main goal of the Safe Routes to Parks project is to increase access to parks, trails, and recreational facilities by increasing participation from under-represented residents in the upcoming citywide planning process for parks, recreation, and active transportation in 2021. In so doing, HRDC, WTI, and the City of Bozeman expect that the plan will include recommendations from the people and neighborhoods that most need, and are currently isolated from, the physical, mental, and social health benefits of access to parks and trails and participation in recreational programming. 1. The project scope will help to direct the work that is done as defined in the grant as well as through the City of Bozeman’s planning process. The following items make up the initial project scope as defined in the Community Work Plan: DocuSign Envelope ID: D2022983-E135-4F6D-8E12-8385C58025CD a) Definition of under-represented communities b) Piloting new public engagement methods to understand the needs and priorities of identified communities c) Hiring of trusted community liaisons to assist in outreach, meeting facilitiation, and event planning and implementation d) Creating documentation of pilot for the City of Bozeman if interested in continuing the project beyond this grant Project Evaluation e) Grant-required reports 2. The deliverables for the project as defined in the Safe Routes to Parks Community Work Plan include, but may not be limited to, the following: a) Community Engagement Plan focused on under-represented communities or areas b) Reports, graphics, communications tools summarizing feedback gained c) Recommendation on how/if to weight the feedback from marginalized communities or areas d) Report on success or shortfalls of the paid liaison pilot project and other piloted methods B. Project Roles and Tasks. 1. HRDC. HRDC is the lead on the SRTP grant project and will be the main contact with the National Safe Routes to Parks Partnership, the fiscal agent for the project, and will manage the planning, implementation, and evaluation of the project, including but not limited to the following: a) Grant management to include scheduling of meetings, reporting, billing, and any other specific management duties b) Outreach, recruitment, hiring, training, tracking and contracting of Community Liaisons c) Collecting baseline data on existing community engagment d) City of Bozeman and WTI are project partners responsible for completion of certain tasks to assist with successful completion of the SRTP Equity & Access grant as described below. Throughought the duration of this project, each project partner will have defined roles and responsibilities that inlcude but may not be limited to the following: 2. City of Bozeman. City of Bozeman is a partner on the project and will be responsible for coordination of grant activities with the larger planning process, including but not limited to the following: a) Coordination of SRTP engagement plan with the larger engagement plan and planning process timeline. b) Development/distribution of materials around the Comprehensive Parks, Recreation and Active Transportation planning process (update to the PROST). c) Assistance with outreach and recruitment through City of Bozeman channels. 3. WTI. WTI is a partner on the project. In addition to the SRTP grant funding, there are matching funds available through the SURTCOM federal funding that allows for WTI staff to work on the project. Total time is based on the amount of funding that HRDC and the City of DocuSign Envelope ID: D2022983-E135-4F6D-8E12-8385C58025CD Bozeman can procure for the project (match can be either cash or in-kind time). For this specific project, the HRDC was awarded a SRTP’s grant in the amount of $12,500. WTI will be responsible for technical assistance, including but not limited to the following: a) Data collection, analysis, and reporting b) Surveys, Walk-Audits, Pre & Post Program/Event Data Collection c) Support with engagement and outreach events d) Planning, installation, and evaluation of any infrastructure-related pop-up projects e) Report development, editing, review, and final publication f) Facilitation of community-based meetings - In-person, Virtual, Other g) Assistance with Strategic Planning around the action planning process h) Utilization of the RideAmigos Platform for engagement to include: i) Incentive-based challenges/rewards, heat mapping for routes to and from parks j) Assistance with outreach and recruitment for Community Liaisons k) Connection to the Montana State University Campus including the TDM Workgroup, Campus Sustainability Action Coalition (CSAC), Student Groups/Organizations C. Press Releases; Publicity; Events. HRDC and WTI shall provide the City with advance notice of any significant public outreach or publicity events relating to the Park Project and the Campaign, an opportunity for participation. It is not anticipated that the City will be involved in the planning or execution of such events, nor is it anticipated that a representative of the City need attend any or all of such events. To facilitate its fundraising efforts in connection with the grant, HRDC and WTI may issue press releases, hold promotional events and/or take other steps to raise public awareness regarding the grant objectives. D. Miscellaneous. 1. Notices. Notices to the Parties shall be directed as follows: If to the City: The City of Bozeman Parks and Recreation Department 121 North Rouse Bozeman, Montana 59771-1230 Attention: Addi Jadin E-mail: ajadin@bozeman.net If to HRDC: Human Resource Development Council 32 South Tracy Avenue Bozeman, MT 59715 Tracy Menuez tmenuez@thehrdc.org If to WTI: DocuSign Envelope ID: D2022983-E135-4F6D-8E12-8385C58025CD Western Transportation Institute PO Box 174250 Bozeman, MT 59717-4250 Matthew Madsen matthew.madsen@montana.edu Any notice sent to a Party under this MOU shall be in writing and shall be effective when received by the recipient. Each Party may change the address at which it is to receive notices by providing written notice of its new address for notices to the other Party. 2. Governing Law; Venue. This MOU shall be governed by the law of the State of Montana. The Parties expressly agree to the exclusive jurisdiction of the courts of Gallatin County, Montana. 3. Liberal Construction. This MOU shall be liberally construed to achieve the successful completion of the grant. If any provision in this MOU is found to be ambiguous, an interpretation consistent with the spirit of collaboration and the mutual goals and objectives of the Parties shall be favored over any interpretation that would be inconsistent with such purposes and goals. 4. Severability. If any provision of this MOU is found to be invalid, the remainder of the provisions of this MOU shall not be adversely affected. 5. Entire Agreement; Amendment; Assignment. This instrument sets forth the entire understanding of the Parties with respect to the grant and supersedes all prior discussions, negotiations, understandings, or agreements relating to the MOU, all of which agreements or understandings are merged into this MOU. No alteration, amendment or modification of this MOU shall be valid or binding unless contained in a written amendment signed by both Parties. It is contemplated that from time to time this Agreement can be modified, if agreed by both Parties, to address developments in the grant and/or the update to the parks, recreation and active transportation plan. HRDC may not assign its rights or obligations under this Agreement without the prior written consent of the City. 6. Successors. The terms, conditions, commitments, restrictions and understandings set forth in this MOU shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors and assigns. 7. Captions. The captions in this MOU have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. 8. No Partnership or Agency. Neither Party shall be considered a partner or agent of the other Party, and this MOU does not create a partnership or principal-agent relationship between the Parties. Neither Party shall have any right, power or authority to create any obligation, expressed or implied, on behalf of the other Party. The joint effort being formed by the City, HRDC and WTI is not a separate legal entity and neither HRDC, WTI nor the City shall have the right to bind the other Party vis a vis any third party. The purpose of the collaboration is to work together to complete the grant objectives and achieve the Parties’ common goals as stated in the Recitals above. While HRDC, WTI and the City may cooperate in the creation of other projects in the future, the parties acknowledge and agree that this grant is unique and the terms of this MOU shall not create a binding precedent with respect to any future projects. DocuSign Envelope ID: D2022983-E135-4F6D-8E12-8385C58025CD 9. Indemnity and Release. HRDC and WTI agree to indemnify, defend and hold the City harmless from and against any and all liability to any third party for or from loss, damage or injury to persons or property in any manner arising out of, or incident to, negligent acts, errors, omissions, or willful misconduct by WTI or HRDC in the performance of its work on the grant. The Parties shall be solely responsible for any contracts they enter into or other obligations or liabilities incurred by such party in connection with their respective roles under this MOU and the grant. 10. Nondiscrimination and Equal Pay. The Parties agree that all hiring by the Parties of persons performing this Agreement shall 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 shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. The Parties shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. Licensee represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Licensee must report to the City any violations of the Montana Equal Pay Act that Licensee has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Licensee shall require these nondiscrimination terms of its sub-licensees providing services under this Agreement. 11. Compliance with Laws. The Parties shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 12. Nonwaiver. A waiver by either Party of any default or breach by the other Party of any terms or conditions of this Agreement does not limit the other Party’s right to enforce such term or condition or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 13. Attorney’s Fees and Costs. In the event it becomes necessary for either Party of this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be DocuSign Envelope ID: D2022983-E135-4F6D-8E12-8385C58025CD entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel to include City Attorney. 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. Counterparts. This Agreement may be executed in counterparts, which together constitute one instrument. By signing below, each Party agrees and acknowledges that this Memorandum of Understanding accurately reflects their mutual understanding, and that each of them agrees to be bound by the terms and conditions of this Memorandum of Understanding. CITY OF BOZEMAN BY: ______________ Jeff Mihelich, City Manager DATE: ______________ HUMAN RESOURCE DEVELOPMENT COUNCIL BY: ____________________ Tracy Menuez, Associate Director DATE: ______________ WESTERN TRANSPORTATION INSTITUTE BY:_______________________________ David Kack, Executive Director DATE:_____________________________ Approved as to form: BY: _______________ City of Bozeman, City Attorney DocuSign Envelope ID: D2022983-E135-4F6D-8E12-8385C58025CD 7/20/2021 7/20/2021 7/26/2021