HomeMy WebLinkAbout15- Montana State University in conjunction with Robert Peccia and Associates for Completion of a Community Transportation Plan Funding AgreementFUNDING AGREEMENT
The City of Bozeman and
Montana State University, University Services
THIS AGREEMENT is entered into this ),) day of Ju,f , 2015, by the City of
Bozeman, herein referred to as the "City" and University Services, a division of Montana
State University (herein referred to as the "University Services").
WITNESSETH THAT:
WHEREAS, the City has entered into an agreement with Robert Peccia and Associates
for the completion of a Community Transportation Plan, and
WHEREAS, the University Services sees advantages for the development of the
University's Transportation Plan to be coordinated with the development of the
Community Transportation Plan, and
WHEREAS, the City is in agreement that transportation on the Montana State
University campus and surrounding areas great effects the Community Transportation
Plan, and the Plan will be improved by its coordination and integration with the
University's Transportation Plan.
WHEREAS, the parties to this Agreement understand that none of them has in any way,
expressly or impliedly, abrogated any of its individual powers, and further agree that this
Agreement does not create any new organization or legal entity.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set out in
this Agreement, the parties agree as follows:
A. SCOPE OF SERVICES. The City will cause the University Transportation and
Parking Scope of Work (Exhibit A) to be incorporated by addendum into the
City's existing contract for the Development of the Community Transportation
Plan with Robert Peccia and Associates.
The resulting University Transportation Plan will be delivered to University
Services and the City of Bozeman.
B. ADMINISTRATION. Upon receipt of invoices for payment, University Services
will approve any work progress and payment related to the Addendum. The City
will make payment to Robert Peccia and Associates for the approved invoice
Funding Agreement with the City of Bozeman, MT and University Services, Montana State University
Page 1 of 2
amount. University Services will have 30 days to reimburse the City for all
payments made under the Addendum.
C. NON-DISCRIMINATION. University Services will not discriminate against any
employee or applicant for employment on the basis of of race, color, religion,
creed, sex, age, marital status, national origin, or because of actual or perceived
sexual orientation, gender identity or disability.
D. INDEMNIFICATION. University Services waives any and all claims and recourse
against the City, including the right of contribution of loss or damage to person or
property arising from, growing out of, or in any way connected with or incidental
to the performance of this Agreement, except claims arising from the concurrent
or sole negligence of the City or their officers, agents or employees. University
Services will indemnify, hold harmless, and defend the City against any and all
claims, demands, damages, costs, expenses, or liability arising out of the
performance of this Agreement except for liability arising out of the concurrent or
sole negligence of the City's or its officers, agents, or employees.
E. TERMINATION OF AGREEMENT.
If University Services fails in any material respect to carry out its obligations as
provided under this Agreement, the City may terminate the completion of the
Addendum and may invoice University Services for any remaining amounts
owing.
F. CONSTRUCTION AND VENUE. This Agreement will be construed under and
governed by the laws of the State of Montana. The City and University Services
agree that performance of this Agreement is in the County of Gallatin, State of
Montana and that in the event of litigation concerning it, venue is in the District
Court of the 18th Judicial District in and for the County of Gallatin, Montana.
IN WITNESS THEREOF, the parties hereto have caused this Agreement to be
executed.
City of Bozeman
Jeff ,� ayor
Date: 0 91031A t
University Services, Montana State University
Robert Lashaway, AVP
Date:17 O/
Funding Agreement with the City of Bozeman, MT and University Services, Montana State University
Page 2 of 2