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HomeMy WebLinkAbout24 - Memorandum of Understanding - Western Transportation Institute at Montana State Unive - Transportation Demand Management and Active Transportat1 MOU for Transportation Demand Management Initiative 2024-2026 This Memorandum of Understanding ("MOU") is by and between the City of Bozeman ("City") and The Western Transportation Institute at Montana State University (“WTI/MSU”); 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; and WHEREAS: The work to be conducted under this MOU consists of community outreach/engagement, data analysis and reporting, 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 providing support for the City’s Safe Routes to Schools initiatives; and WHEREAS: The Parties recognize the benefit of continuing to create and implement “TDM Initiative 2024-2026” as tools to achieving goals that have been identified and adopted in multiple City of Bozeman planning documents. A separate MOU exists that includes Ride Amigos/GoGallatin Funding and Software Platform Administration, which is related to this effort. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: Term & 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 funds to the budget of the TDM Initiative 2024-2026 if appropriated by the Bozeman City Commission. For the Fiscal year 2025, starting September 1, 2024, the City will contribute up to $26,000 and may continue with a similar funding level in 2026. These City funds can serve as match for WTI/MSU’s Rural Safety Center programs. Docusign Envelope ID: 5198DD27-8E96-4DF6-A4C6-EDE254289C2A 2 History/Background: WTI/MSU has been a partner with the City of Bozeman on the TDM Initiative starting in 2017. This MOU allows WTI/MSU to continue to partner with the City of Bozeman to advance TDM initiatives for two additional years. WTI/MSU shall: 1. Hire staff or direct current staff to conduct all aspects of the work necessary as part of the TDM Initiative 2024-2026.These staff will be employed by the Mobility and Public Transportation Program at WTI/MSU. New or existing staff will be subject to the terms and provision of employment applicable to employees of WTI/MSU and as such are not employees of the City nor subject to the City’s employment policies. WTI/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, Manager of the Mobility and Public Transportation Program, or his successor, will be direct supervisor of all WTI/MSU employees working on the TDM Initiative. 2. Assign WTI/MSU staff working on the TDM Initiative to co-develop an annual workplan that outlines TDM strategies to be conducted in partnership with the City’s 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. Continue to partner with Bozeman School District and other private schools to engage students, staff, and parents in Safe Routes to Schools (SRTS) Six E’s interventions in partnership with the City. This includes evidence-based education, encouragement, and engagement activities, plus engineering and evaluation initiatives that focus on transportation equity for people belonging to underserved groups. 2. Assist with grant research and writing for grants to support TDM related work. 3. Other services as deemed necessary or helpful to advancing the City of Bozeman’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, Docusign Envelope ID: 5198DD27-8E96-4DF6-A4C6-EDE254289C2A 3 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. Each Party will specify an individual to represent the entity regarding 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 at Montana State University Date Docusign Envelope ID: 5198DD27-8E96-4DF6-A4C6-EDE254289C2A 9/30/2024 9/30/2024