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Home My WebLink About20211027 TCC Agmt_revised COBTCC Agreement (2021) -1- MEMORANDUM OF AGREEMENT FOR CONTINUING TRANSPORTATION 1 PLANNING IN THE BOZEMAN URBAN AREA 2 3 This Memorandum of Agreement is entered into this 3rd day of April, 1996, amended this 4 20th day of April, 2000, and amended this 28th day of October, 2009, and amended the 27th day 5 of October, 2021 by and between the State of Montana, Montana Department of Transportation 6 hereinafter called the State, the Gallatin County Planning Board, hereinafter called the County 7 Planning Board, the City of Bozeman, hereinafter called the City, and Gallatin County, 8 hereinafter called the County. 9 10 WHEREAS, it is the desire of the signatory agencies to have future transportation 11 projects for the Bozeman urban areas based on a continuing, comprehensive transportation 12 planning process carried on cooperatively by the State and Local Community; and 13 14 WHEREAS, the parties to this Agreement desire to cooperate in transportation planning 15 of the Bozeman area and further desire to insure that transportation planning is an integral part of 16 continuing comprehensive planning. 17 18 NOW, THEREFORE, BE IT RESOLVED that the parties hereto do mutually agree as follows: 19 20 I. Establishment/Composition – A Transportation Coordinating Committee is hereby 21 established to guide the development of transportation plans and programs in the 22 Bozeman areas. The Transportation Coordinating Committee will consists of the 23 following: 24 25 Representative – Bozeman City Commission 26 City Manager or Designee – City of Bozeman 27 Representative – Community Development Department - City of Bozeman 28 Representative –Transportation and Engineering Department – City of Bozeman 29 Representative – City of Bozeman Transportation Board 30 Representative – City of Bozeman Community Development Board 31 Representative – City of Bozeman Sustainability Board 32 Citizen Member – City of Bozeman Resident (2-year term) 33 34 TCC Agreement (2021) -2- Representative – Board of County Commissioners 35 Representative – Gallatin County Planning Office 36 Representative - Gallatin County Road Department 37 Representative – Gallatin County Planning Board 38 Citizen Member – Gallatin County Resident (2-year term) 39 40 District Administrator – Butte District, Montana Department of Transportation (MDT) 41 Supervisor – Statewide and Urban Planning, MDT 42 District Preconstruction Engineer – Butte District, MDT 43 44 Representative – Bozeman Public Schools 45 Representative – Montana State University 46 Representative – Transit Advisory Board 47 48 Division Administrator – Federal Highway Administration (non-voting) 49 Maintenance Chief – Bozeman Division, MDT (non-voting) 50 51 The citizen members of the Committee shall be appointed by the appropriate governing 52 body for terms of two years. Additional members of the Committee may be appointed by 53 majority of the membership if the need arises. 54 55 II. Planning Area – As a minimum, continuing, comprehensive transportation planning 56 will be conducted in that portion of the Bozeman area that is expected to become urban in 57 character during a twenty year period. The type of transportation planning that will be 58 conducted outside the area which is expected to become urban in character during a twenty 59 year period will be determined and approved by the Transportation Coordinating Committee. 60 61 III. Scope of Services – The transportation planning process shall be: 62 63 1. Cooperative in that the State, the City, the County, and the County Planning 64 Board shall cooperatively accomplish the transportation planning process. 65 2. Cooperative in that the State, the City, the County, and the County Planning 66 Board shall cooperatively integrate sustainability policies and practices in its 67 transportation planning process. 68 3. Comprehensive in that all elements affecting urban area development 69 and transportation shall be considered. 70 TCC Agreement (2021) -3- 4. Continuing in that the planning process is intended to continue indefinitely and 71 shall be maintained as long as this agreement is in force. The operational 72 scope of the transportation planning process will involve performing the 73 following functions: 74 a. Collection, maintenance, analysis and dissemination of basic planning 75 and engineering data; 76 b. Service to public and private sectors, especially by provision of current 77 information concerning plans, program recommendations, design data, 78 and their implementation; 79 c. Preparation, updating and revision of long and short range plans for 80 the physical and social development of the region and translation of 81 these plans into program recommendations for implementation; 82 d. Production and distribution of reports, maps, etc., for documentation 83 and information purposes, participation in meetings, seminars, etc., 84 necessary to coordinate the planning and planning implementation 85 activities at various level of government; and conducting public 86 information programs; 87 e. Research and development of estimating, forecasting and other 88 planning procedures. 89 90 In addition such other transportation planning services shall be carried out as consistent with 91 the stated purpose of the Transportation Coordinating Committee in its bylaws. 92 93 IV. Citizen Participation – The Transportation Coordinating Committee will provide 94 for public involvement and input in the local transportation planning process by inviting 95 comments from local citizens on major transportation planning issues, programs, and projects. 96 In addition, the Committee will cooperate with these citizens to conduct special public 97 information and participation programs as necessary in dealing with transportation planning. 98 V. Changes in Agreement – Any alteration, extension or supplement to the 99 terms of this agreement, as detailed herein, shall be agreed to in writing by the parties. 100 101 TCC Agreement (2021) -4- VI. Termination of Agreements – A party may terminate its interest and obligations 102 under this Agreement by giving at least sixty (60) days notice in writing to the other 103 parties. 104 105 VII. Nondiscrimination and Equal Pay – The LOCAL GOVERNING AUTHORITIES 106 will require during the performance of any work arising out of this agreement, that the 107 agreement, for itself, its assignees and successors shall comply with all the nondiscrimination 108 regulations shown on Exhibit "A". All Agreements entered into by MDT must contain a Title 109 VI clause and the attachment, Exhibit "A" (see attached). 110 111 VIII. Governing Law – This agreement shall be governed by laws of the State of Montana.. 112 In case of conflict between the obligation imposed by this agreement and Montana law, 113 Montana law will control. 114 115 Dated this ____ day of _____________, 2021. 116 117 **** End of Agreement Except for Signatures **** 118 119 120 121 122 123 124 125 126 127 128 129 130 131 TCC Agreement (2021) -5- Approved for the City of Bozeman 132 133 By: __________________________ 134 Mayor, City of Bozeman 135 136 ATTEST for the City of Bozeman APPROVED: 137 138 By: __________________________ By:_________________________ 139 Clerk, City of Bozeman City Attorney 140 141 TCC Agreement (2021) -6- 142 Approved for Gallatin County 143 144 By: __________________________ 145 Chair, Board of County Commissioners 146 147 ATTEST for Gallatin County APPROVED: 148 149 By: __________________________ By:_________________________ 150 County Clerk and Recorder County Attorney 151 152 Approved for the Gallatin County Planning Board 153 154 By: __________________________ 155 President, Gallatin County Planning Board 156 157 158 TCC Agreement (2021) -7- Approved for the Montana Department of Transportation 159 160 By: __________________________ 161 Director, MDT 162 163 Approved for the Planning and Policy Analysis Bureau, MDT 164 165 By: __________________________ 166 Chief, Planning and Policy Analysis Bureau, MDT 167 168 Approved for the Butte District, MDT 169 170 By: __________________________ 171 Engineering Services Supervisor, MDT 172 173 Approved for the Montana Department of Transportation 174 175 By: __________________________ 176 Legal Division, MDT 177 178 TCC Agreement (2021) -8- 179 180 181 ATTACHMENT A 182 NONDISCRIMINATION AND EQUAL PAY AFFIRMATION 183 184 185 ____________________________________(name of entity submitting) hereby affirms it will 186 not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national 187 origin, or because of actual or perceived sexual orientation, gender identity or disability and 188 acknowledges and understands the eventual contract will contain a provision prohibiting 189 discrimination as described above and this prohibition on discrimination shall apply to the hiring 190 and treatments or proposer’s employees and to all subcontracts. 191 192 In addition, ____________________________________(name of entity submitting) hereby 193 affirms it will abide by the Equal Pay Act of 1963 and Section 39–3–104, MCA (the Montana 194 Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work “best practices” 195 website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices 196 publication and has read the material. 197 198 ______________________________________ 199 Name and title of person authorized to sign on behalf of submitter 200 201