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HomeMy WebLinkAbout09- Continuing Transportation Planning in the Bozeman Urban Area Memorandum of Agreement MEMORANDUM OF AGREEMENT FOR CONTINUING TRANSPORTATION PLANNING IN THE BOZEMAN URBAN AREA This Memorandum of Agreement is entered into this 3 day of April, 1996, Amended this 20 day of April, 2000, and Amended this 28 day of October, 2009 by and between the State of Montana, Montana Department of Transportation hereinafter called the State, the City of Bozeman Department of Planning and Community Development, hereinafter called the City Planning Board, and the Gallatin County Planning Board, hereinafter called the County Planning Board, the City of Bozeman, hereinafter called the City, and Gallatin County, hereinafter called the County. WHEREAS, it is the desire of the signatory agencies to have future transportation projects for the Bozeman urban areas based on a continuing, comprehensive transportation planning process carried on cooperatively by the State and Local Community; and WHEREAS, the parties to this agreement desire to cooperate in transportation planning now in progress and in the comprehensive planning program of the Bozeman area and further desire to insure that transportation planning is an integral part of continuing comprehensive planning; and WHEREAS, the City Planning Board and the County Planning Board are legally constituted agencies and are authorized to carry on comprehensive planning programs; and WHEREAS, the State, City, and County recognize the aforementioned Planning Organizations as the officially designated agencies for comprehensive planning in the Bozeman area. NOW, THEREFORE, BE IT RESOLVED that the parties hereto do mutually agree as follows: I. A Transportation Coordinating Committee is hereby established to guide the development of transportation plans and programs in the Bozeman areas. The Transportation Coordinating Committee currently consists of the following officials: Representative Bozeman City Commission Representative Board of County Commissioners President City of Bozeman Planning Board 1 4/3/96 4/20/00, AMENDED 10/28/09 President Gallatin County Planning Board District Engineer Butte District Montana Department of Transportation (MDT) Road Superintendent Gallatin County Director of Public Service City of Bozeman City Manager City of Bozeman Director City of Bozeman Planning and Community Development Office Director Gallatin County Planning Office Representative Bozeman Pedestrian and Traffic Safety Committee Chief, Planning and Policy Analysis Bureau, MDT Engineering Services Supervisor Butte District MDT Citizen Member, City of Bozeman Resident (2 year term) Citizen Member, Gallatin County Resident (2 year term) Representative Montana State University Chair, Bozeman Area Bicycle Advisory Board (or designated alternate) Division Administrator Federal Highway Administration (non- voting) Maintenance Chief Bozeman Division MDT (non- voting) Representative Transit Advisory Committee The citizen members of the Committee shall be appointed by the appropriate governing body for terms of two years. Additional members of the Committee may be appointed by majority of the membership if the need arises. II. Planning Area As a minimum, continuing, comprehensive transportation planning will be conducted in that portion of the Bozeman area that is expected to become urban in character during a twenty year period. The type of transportation planning that will be conducted outside the area which is expected to become urban in character during a twenty year period will be determined and approved by the Transportation Coordinating Committee. III. Scope of Services The transportation planning process shall be: 1. Cooperative in that the State, the City, the County, City Planning Board, and the County Planning Board shall cooperatively accomplish the transportation planning process. 2. Comprehensive in that all elements affecting urban area development and transportation shall be considered. 2 4/3/96 4/20/00, AMENDED 10/28/09 3. Continuing in that the planning process is intended to continue indefinitely and shall be maintained as long as this agreement is in force. The operational scope of the transportation planning process will involve performing the following functions: a. Collection, maintenance, analysis and dissemination of basic planning and engineering data; b. Service to public and private sectors, especially by provision of current information concerning plans, program recommendations, design data, and their implementation; c. Preparation, updating and revision of long and short range plans for the physical and social development of the region and translation of these plans into program recommendations for implementation; d. Production and distribution of reports, maps, etc., for documentation and information purposes, participation in meetings, seminars, etc., necessary to coordinate the planning and planning implementation activities at various level of government; and conducting public information programs; e. Research and development of estimating, forecasting and other planning procedures. In addition such other transportation planning services shall be carried out as consistent with the stated purpose of the Transportation Coordinating Committee in its bylaws. IV. Citizen Participation The Transportation Coordinating Committee will provide for public involvement and input in the local transportation planning process by inviting comments from local citizens on major transportation planning issues, programs, and projects. In addition, the Committee will cooperate with these citizens to conduct special public information and participation programs as necessary in dealing with transportation planning. V. Changes in Agreement Any alteration, extension or supplement to the terms of this agreement, as detailed herein, shall be agreed to in writing by the signatory parties. 3 4/3/96 4/20/00, AMENDED 10/28/09 VI. Termination of Agreements A signatory party may terminate its interest and obligations under this Agreement by giving at least sixty (60) days notice in writing to the other parties. VII. Nondiscrimination The LOCAL GOVERNING AUTHORITIES will require during the performance of any work arising out of this agreement, that the agreement, for itself, its assignees and successors shall comply with all the nondiscrimination regulations shown on Exhibit "A All Agreements entered into by MDT must contain a Title VI clause and the attachment, Exhibit "A" (see attached). VIII. Governing Law This agreement shall be governed by laws of the State of Montana. Venue for any litigation will be in Lewis and Clark County, State of Montana. In case of conflict between the obligation imposed by this agreement and Montana law, then Montana law will control. IN WITNESS whereof the parties hereto have set their hands and affixed their seals. DATED THIS 28 DAY OF OCTOBER, 2009. APPROVED FOR THE CITY OF BOZEMAN By: i/, Vi f Bozeman AT`f. ST'FOR l'H CAIMOF BOZEMAN APPRO h.„, 4 or B By: A' J .)1afCa mssion dr dministrator, Legal Division APPRQ A O T E OF BOZEMAN PLANNING BOARD /N co �l By: President ATTEST FOR THE CITY OF BOZEMAN PLANNING BOARD By: t Director of Planning and Community Development 4 4/3/96 4/20/00, AMENDED 10/28/09 ATTACHMENT A NON DISCRIMINATION NOTICE During the performance of this Agreement, Gallatin City (hereafter in this Section "the Party for itself, its assignees and successors in interest, agrees as follows: A) COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 FOR FEDERAL -AID CONTRACTS (1) Compliance with Regulations: The Party shall comply with all Regulations relative to nondiscrimination in Federally- assisted programs of the Department of Transportation, 49 Code of Federal Regulations, Part 26, as they may be amended (hereafter referred to as the Regulations), which are incorporated by reference and made a part of this Agreement, even if only state funding is here involved. (2) Nondiscrimination: The Party, with regard to the work performed by it during the Agreement, shall not discriminate on the grounds of sex, race, color, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Party shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR 26.5. (3) Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations, whether by competitive bidding or negotiation by the Party for work to be performed under a subcontract, including procurement of materials or leases of equipment, any potential subcontractor or supplier shall be notified by the Party of the Party's obligations under this Agreement and the Regulations relative to nondiscrimination. (4) Information and Reports: The Party will provide all reports and information required by the Regulations, or directives issued pursuant thereto, and permit access to its books, records, accounts, other sources of information and its facilities as may be determined by State or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with Regulations or directives. Where any information required of the Local Agency is in the exclusive possession of another who fails or refuses to furnish this information, the Party shall so certify to the Department or the FHWA as requested, setting forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the Party's noncompliance with the nondiscrimination provisions of this Agreement, State may impose sanctions as it or the FHWA determines appropriate, including, but not limited to, (a) Withholding payments to the Party under the Agreement until the Party complies, and /or (b) Cancellation, termination or suspension of the Agreement, in whole or in part. (6) Incorporation of Provisions: The Party will include the provisions of paragraphs (1) through (6) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Party will take such action with respect to any subcontract or procurement as the State or the FHWA may direct to enforce such provisions including sanctions for noncompliance: Provided, however, that in the event the Party is sued or is threatened with litigation by a subcontractor or supplier as a result of such direction, the Party may request the State to enter into the litigation to protect the interests of the State, and, in addition, the Party or the State may request the United States to enter into such litigation to protect the interests of the United States. B) COMPLIANCE WITH THE MONTANA GOVERNMENTAL CODE OF FAIR PRACTICES, §49 -3 -207, MCA In accordance with Section 49 -3 -207, MCA, the Party agrees that for this Agreement all hiring will be made on the basis of merit and qualifications and that there will be no discrimination on the basis of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by the persons performing the Agreement. C) COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT (ADA) (1) The Party will comply with all regulations relative to implementation of the AMERICANS WITH DISABILITIES ACT. (2) The Party will incorporate or communicate the intent of the following statement in all publications, announcements, video recordings, course offerings or other program outputs: "The Party will provide reasonable ACCOMMODATIONS FOR ANY KNOWN DISABILITY THAT MAY INTERFERE with a person in participating in any service, program or activity offered by the Party. In the case of documents, recordings or verbal presentations, alternative accessible formats will be provided. For further information call the Party." 8. All video recordings produced and created under contract and/or agreement will be closed- captioned. D) COMPLIANCE WITH PARTICIPATION BY DISADVANTAGED BUSINESS ENTERPRISES IN DEPARTMENT OF TRANSPORTATION FINANCIAL ASSISTANCE PROGRAMS, 49 CFR Part 26 Each Agreement the Department signs with a Party (and each subcontract the prime contractor signs with a subcontractor) must include the following assurance: The Party, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Party shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT assisted contracts. Failure by the Party to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate.