HomeMy WebLinkAbout12- MT Dept. of Transportation Development of a Community Transportation Safety Plan Memorandum of Understanding MEMORANDUM OF AGREEMENT
BETWEEN CITY OF BOZEMAN AND THE MONTANA DEPARTMENT OF
TRANSPORTATION FOR THE DEVELOPMENT OF A COMMUNITY
TRANSPORTATION SAFETY PLAN
This memorandum of agreement(MOA)entered into this _day of2012,by
and between City of Bozeman,hereinafter called CITY, and the Montana Department of
Transportation,Rail,Transit&Planning Division,hereinafter called MDT, establishes
the roles,responsibilities and commitments relative to the development,funding,
administration and long term implementation of a Community Transportation Safety Plan
for the City of Bozeman.
WHEREAS, it is the desire of the signatory agencies to have a Community
Transportation Safety Plan for the City of Bozeman based on a continuing,
comprehensive planning process carried on cooperatively with local government
agencies, community safety stakeholders, and MDT; and
WHEREAS,the MDT has developed Montana's Comprehensive Highway Safety Plan
with a vision that All Highway Users Arrive Safely at their Destination and a goal to
reduce fatalities and incapacitating injuries on the roadways in Montana by half by 2030;
and
WHEREAS,the MDT,having eligible Surface Transportation Planning and Research
monies and desiring to provide technical and financial assistance to the CITY in the
development of a Community Transportation Safety Plan to identify and address local
transportation safety issues; and
WHEREAS,the CITY has identified a need for a Community Transportation Safety Plan
to identify, analyze and track safety issues and reduce the number and severity of crashes
in the study area and has submitted a request to MDT for assistance to develop the plan;
and
WHEREAS,the parties to this Agreement desire to cooperate in the development and
implementation of a Community Transportation Safety Plan to ensure that the common
goal of improving safety on Montana's roadways is an integral part of continuing
transportation planning in the Bozeman area; and
WHEREAS,the CITY agrees to be responsible for items identified in this MOA and
agrees to lead the community in this planning process; and
WHEREAS,the MDT recognizes the City of Bozeman, City Engineer as the officially
designated agency to act as the local SPONSOR; and
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WHEREAS, it is understood that the decisions made by the MDT and CITY pursuant
hereto and the execution of this agreement does not constitute the irretrievable
commitment of resources by the MDT or the City until all necessary steps are taken with
regard to any particular decision to comply with NEPA/MEPA and other applicable state
and federal laws; and
WHEREAS, it is mutually agreed upon that a cooperative delineation and identification
of duties and responsibilities of the parties is essential to the overall development and
implementation of this Plan; and
NOW THEREFORE, the parties hereto do mutually agree as set forth below, the
fundamental duties and responsibilities necessary for this planning process and the
development and implementation of a Community Transportation Safety Plan for the
City of Bozeman.
I. PLAN DEVELOPMENT
A. General:
Development of the Community Transportation Safety Plan for the City of
Bozeman will be through a continuous, comprehensive, coordinated planning
process that is data driven and involves safety stakeholders with a role or
expertise in transportation safety in the Bozeman area.
a. Cooperative. The City of Bozeman, MDT,the local Transportation Safety
Committee,other safety stakeholders and the public shall cooperatively
develop and implement the Bozeman Community Transportation Safety
Plan.
b. Comprehensive and data driven. Crash data analysis will be the primary
mechanism for problem identification in this planning process.
Engineering, enforcement, emergency medical services and education
components of community safety issues will be considered in strategy
development.
c. Continuous. The plan will be formally adopted by the local governing
body with long-term commitment to the achievement of the goals and
objectives of the plan and will be updated as needed.
B. CITY(SPONSOR):
1. Will be responsible for assuring that the Community Transportation Safety
Plan is compatible with local transportation planning efforts,the City and
County land use plans and any other relevant locally approved plans.
2. Will be responsible for establishing a local Transportation Safety Committee
to provide input and oversight in the Plan development process and long-term
implementation of the final plan. The committee will:
a. Be comprised of local officials and stakeholders with a role or
expertise in transportation safety representing the 4E's of safety
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(emergency medical services, engineering, education, and
enforcement) such as: Police/Sheriff Department, City Planner, Public
Works Department), Public Schools, college safety officers, DUI Task
Force, BuckleUp Montana Coalition, Montana Highway Patrol, MDT,
FHWA, emergency services,local service organizations, and the City
Judge.
b. Provide oversight and input in the development of the plan.
c. Identify community safety issues and concerns.
d. Provide a comprehensive inventory of existing safety programs and
efforts in the Bozeman area.
e. Support the formal adoption of the plan.
f. Work to implement the final adopted plan.
g. Assist in the monitoring and tracking of progress on reducing the
number and severity of crashes in the Bozeman area.
3. Will ensure on-going community support and participation in the Plan
development and implementation.
4. Will pursue formal adoption,by appropriate governing body, and
implementation of the final plan.
5. Will be responsible for local coordination of plan development,per attached
Scope of Work, including but not limited to: arrangements for Safety
Committee meetings,public meetings, project development conference calls,
public meeting notices, hosting website, and other community awareness
activities.
C. MDT:
A. Will provide oversight, technical support and guidance to ensure the
Community Transportation Safety Plan is developed following the same
requirements as Montana's Comprehensive Highway Safety Plan and found in
the Federal Safe Accountable Transportation Equity Act — A legacy for users
(SAFETEA-LU)regulations.
B. Will participate in the Transportation Safety Committee during the
development of the Community Transportation Safety Plan and as appropriate
on an on-going basis.
II. FUNDING/CONTRACT ADMINISTRATION
A. CITY:
1. Will work with the consultant, per attached Scope of Work, and be
responsible for local coordination of plan development.
2. Will designate a person to act as SPONSOR who will assist in local
coordination and communication during the development and implementation
of the Community Transportation Safety Plan.
3. Will be responsible for identification and pursuit of fitnding for
implementation of the Community Transportation Safety Plan and its
associated strategies.
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B. MDT:
1. Will provide 100% SPR-PL funding and contract administration, per the
attached Scope of work, for the development of the Bozeman Community
Transportation Safety Plan,
III. Long Term Implementation, Progress Monitoring, Tracking and Reporting
The City and MDT are committed to improving transportation safety through an
on-going long term process. Regular progress tracking and reporting is essential
to ensure success. Monitoring progress allows the responsible entities to assess
their approach and modify as necessary to accomplish their goals
A. City (SPONSOR):
1. Will maintain an active Community Safety Committee with a mission to
implement the Community Transportation Safety Plan.
2. Will identify, address and track specific transportation safety goals and
strategies within the community of Bozeman.
3. Will develop and submit annual progress reports, via written correspondence,
by December 31, for a minimum of five years following the completion of the
CTSP.
4. Will update the Community Transportation Safety Plan as warranted to
improve safety and reduce the number and severity of crashes in the Bozeman
area.
B. MDT:
1. Will provide on-going technical support to the City and Sponsor in the
implementation of the Bozeman Community Safety Plan.
2. Will review and provide feedback to the City on implementation,tracking and
reporting.
C. All Parties:
1. Agree and understand that funding the implementation of the Community
Transportation Safety Plan is the responsibility of the local government.
IV. OTHER
A. Governing Law: the laws of the State of Montana will govern this agreement.
Venue for litigation will be in Lewis and Clark County, State of Montana. In
case of conflict between the obligation imposed by this MOA and Montana
law,then Montana law will control.
B. Modification and Amendment: This MOA may be modified or amended, in
writing,by the mutual consent of the parties involved.
C. Complimentary Agreements: The signatories of this MOA may enter into
separate agreements during the development of the proposed plan. Any such
agreements will not supersede this MOA.
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D. Termination: Either party may terminate this agreement and all obligations
hereunder, with 30-day notice in writing to the other party of the intention to
do so.
E. Liability: The City agrees to protect, defend and indemnify the state,
including MDT from any claims, losses, damages or causes of action,
including attorney fees and costs, arising from, due to or allegedly due to the
failure to perform or the negligent performance, errors or omissions of any of
the duties and/or responsibilities of the City, it's agents, employees,
consultant's or subcontractors as set forth in this agreement.
The state, including MDT agrees to protect, defend and indemnify the City
from any claims, losses, damages or causes of action, including attorney fees
and costs, arising from, due to or allegedly due to the failure to perform or the
negligent performance of any of the duties and/or responsibilities of the state
including MDT as set forth in this agreement.
CITY OF BOZEMAN
By:
Ma or
By: i�` L� T
Sponsor C Tr �Gi^��F-►e-
MONTANA DEPARTMENT OF TRANSPORTATION t
By: AA3Date: G I I �-
Montana ep m nt of Transportation
Approved for Legal Content
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