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HomeMy WebLinkAbout22- MOU - Western Transportation Demand Management Initiative - Partnership for 2022-20241 Memorandum of Understanding For Transportation Demand Management Initiative 2022-2024 This Memorandum of Understanding ("MOU") is by and between the City of Bozeman ("City") and the Western Transportation Institute at Montana State University (“WTI”); each entity referred to as a "Party" to this MOU, and together these entities are referred to as the "Parties." WHEREAS: The Parties recognize the significant growth in population in the area, and recognize the growth in traffic (vehicle miles traveled "VMT", number of vehicles using area streets/road); and, WHEREAS: The Parties desire to address the growth in traffic through a variety of methods, including the implementation of Transportation Demand Management (TDM) practices; and, WHEREAS: Transportation Demand Management (TDM) is defined as a strategy used to balance the need for transportation improvements with management of the demand on the transportation system. WHEREAS: The Western Transportation Institute ("WTI”), which is an Outreach Center at Montana State University, has received funding from the U.S. Department of Transportation through its University Transportation Center (UTC) program, and WTI can leverage the funding received through its Small Urban, Rural and Tribal Center on Mobility (SURTCOM), and desires to work with the City to leverage the funding; and, WHEREAS: The work to be conducted under this MOU consists of community outreach/engagement, planning, installation, and evaluation of pop-up traffic calming projects, data analysis and reporting, planning studies to address construction, and alteration of capital facilities as a result of increasing demand on such facilities caused by new residential and commercial development within the City and strategies to alleviate or reduce the need to construct new facilities or alter existing facilities to address increasing demand on such facilities caused by new development within the City; and, WHEREAS: The Parties recognize the benefit of leveraging the funding to create and implement “TDM Initiative 2022-2024” as tools to achieving goals that have been identified and adopted in multiple City of Bozeman planning documents. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: Term and Termination: The term of this agreement shall be for a period of two (2) years, unless earlier terminated by either Party upon sixty (60) days’ notice. Funding: The City will annually contribute matching funds to the budget of the TDM Initiative 2022-2024. For the city fiscal year 2023, starting July 1, 2022, the City will contribute $46,000. With an DocuSign Envelope ID: FD66D10F-7D67-47BD-A9C5-4DF4C5143807 2 additional $125,000 coming from WTI’s SURTCOM program. The contribution level by each Party for fiscal year 2024, starting July 1, 2024, are anticipated to remain the same but may be reduced if other sources of funding are obtained. City funding will be used as local match for the SURTCOM funds. A portion of the funds will help to fund the GoGallatin platform through the annual Ride Amigos subscription. History/Background: MSU and WTI have been partners with the City of Bozeman on the TDM Initiative starting in 2017. This MOU allows for WTI to continue to partner with the City of Bozeman to advance TDM initiatives for two (2) more years. WTI shall: 1. Hire staff or direct current staff to conduct all aspects of the work necessary as part of the TDM Initiative 2022-2024. These staff will be employed by MSU in the U.S. DOT Small Urban, Rural and Tribal Center on Mobility at WTI. New or existing staff will be subject to the terms and provision of employment applicable to employees of MSU and as such are not employees of the City nor subject to the City’s employment policies. MSU employees working on the TDM Initiative are not authorized to represent the City or otherwise bind the City in any dealings between the City and any third parties. David Kack, Director of SURTCOM, or his successor, will be direct supervisor of all WTI employees working on the TDM Initiative. 2. Assign WTI staff working on the TDM Initiative to conduct TDM strategies in partnership with the City TDM Coordinator to reduce traffic levels or the level of increase in traffic levels, in the greater Bozeman area, per the following scope of work. Scope of Work: 1. Further develop a traffic calming program including the finalization and rollout of a toolkit. 2. Support development of marketing and outreach information to bolster the visibility of the TDM efforts. 3. Continue to manage and develop the GoGallatin.org website that operates on the Ride Amigos platform. This includes but is not limited to: a. Day to day management of platform including updating users and networks b. Working with local business to build and manage organization specific networks c. Social Media and marketing outreach for the GoGallatin platform and programs d. Development of sustainable funding sources through municipalities, grants, and other funding sources e. Challenge, incentive, and reward program development and management f. Develop a guaranteed ride home program in partnership with the City that could be implemented by employers including the City of Bozeman and Gallatin County 4. Coordinate with the City to implement transportation/commuting strategies to increase diverse and accessible transportation options while reducing greenhouse gas emissions. DocuSign Envelope ID: FD66D10F-7D67-47BD-A9C5-4DF4C5143807 3 5. Coordinate with the City to implement transportation /commuting strategies as detailed in the TDM Work Plan. 6. Assist in establishment of a car share program that would include consideration of both public and private users across the city. 7. Evaluate options for increased City support, including funding, for Streamline. 8. Assist with grant research and writing for grants to support TDM related work a. AARP Challenge Grants, Bozeman Health and other related projects 9. Assist with Data Analysis and Reporting a. Work to analyze traffic, bicycle, pedestrian, transit, and RideAmigos data, to inform programs and policy work 10. Assist with efforts to prepare for the formation of an MPO. This would most likely include providing case studies of peer regions that have recently been through this or that have high functioning MPOs. 11. Other services as deemed necessary or helpful to advancing the City of Bozeman’s and Montana State University’s transportation goals. Work Product: MSU will retain right, title and interest, including the right of copyright, in all work reduced to writing or fixed in any media (including reports, articles, photographs, recordings, data, computer programs and related documentation) authored solely by MSU employees under this agreement. The City shall retain the same rights to work authored solely by its employees and agents. The Parties will jointly own any work jointly authored under this agreement. MSU grants the City a perpetual, in-evocable, royalty free right to reproduce, publish, access data, or otherwise use and authorize others to use all work authored by it and produced under this contract. The City grants MSU a perpetual, irrevocable, royalty free right to reproduce, publish, access data, or otherwise use and authorize others to use all work authored by it and produced under this contract. Liability: Each party hereto agrees to be responsible and assume liability for its own wrongful or negligent acts of omissions, or those of its officers, agents or employees to the full extent required by law. Each party agrees to maintain reasonable coverage for such liabilities either through commercial insurance or a reasonable self- insurance mechanism, and the nature of such insurance coverage or self-insurance mechanism will be reasonably provided to the other party upon request. 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. DocuSign Envelope ID: FD66D10F-7D67-47BD-A9C5-4DF4C5143807 4 Each Party will specify an individual to represent the entity in regard to this MOU. This MOU, effective upon signature by the Parties, may be modified through written agreement by the Parties. Signatures: ________________________________________________ _________________ City of Bozeman Date ________________________________________________ _________________ Western Transportation Institute Date DocuSign Envelope ID: FD66D10F-7D67-47BD-A9C5-4DF4C5143807 9/14/2022 9/15/2022