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Home My WebLink AboutMemorandum of Understanding with Ada County Highway District for Downtown Transportation Plan fILE ~k..4::;¡3 03/28 '05 lS,:S,4 ID:HCHD FH>< : 1 2(:":' ASmfi) f'HIil:: . . 8 MEMORANDUM OF UNDERSTANDING CITY OF MERIDIAN AND ADA COUNTY WGHW A Y DISTRICT FOR THE DOWNTOWN MERIDIAN TRANSPORTATION MANAGEMENT PLAN TWS MEMORANDUM OF UNDERSTANDING ("Agreement") is entered into tNS _daY of August. 2004, by and between the CITY OF MERIDIAN, ("CITY"), and ADA COUNTY HIGHWAY DISTRICT, ("ACHD"). RECITALS WHEREAS, the CITY is a pl.lblíc entity, organized and operating pursuant to Idaho Code: Title 50, as amended and suppleme:nted. WHEREAS, the ACHD is the single county-wide highway district, a public entity, organized and operating pursuant 10 1daho Code Title 40, Chapter 14, as amended and supplemenœd; IUld WHEREAS, the ACHD retained Earth Tech IDC. 10 perform the Meridian Corridor Study, which examined several alternatives to increasing traffic capacity in the downtown area of the CITY. The Meridian Corridor Study identified the Meridian Road/Main S1reet one way couplet as the recommended alternative; and WHEREAS, upon completion of the Meridian Corridor Study. the CITY retained The Hudson Company to perform the Downtown Marketing Strategy and Revi¡aliza1ion Plan; and WHEREAS, tbe CITY desires to develop a traffic plan that incorporates the yi~ionil1g concepœ identified in the Downtown Marketing Strategy and Revitalization Plan; and WHEREAS, the CITY has retained The Hudson Company to develop the Downtown Meridian Tnmsportation Plan ("Downtown Transportation Plan"). which will investigate the transportation system for the downtown study area, and develop options that provide an adcqu~t" level of service for the demands of automobiles, buses, bicycles, and pedestrian.s (a copy \"If the Contract for Service!! is atW:bed hereto as Exhibit "A" and is incorporated by reference); and Page 1 of4 City of Meridian MclDo",ndum of Understand 109 811712004 !3-2S-195 15:56 TO:MERJDIAN HUMAN RESOURCES FROM:1 2198 345755! Pél? . .. 8 fILE 1".:,.4813 03/28 '05 15:S.5 ID : ACHD FA>:: 1 203 34~,76r:,O Hi',i!:: WHEREAS, on May 5, 2004, ACHD approved the CITY's request to participate in the Downtown Transport!lrion Plan (8 copy of the ACHD Commission Meeting minu1es are attached hereto as Exhibit "B" and incO!"porated by reference); and WHEREAS, Idaho Code § 67-2328 express1y authorizes public agencies to enter into agreemen~ with one anolhoc for cooperative action for purposes within the power, privilege or authority of said agencies; and WHEREAS, the Downtown Transportation Plan shall be 8 funding partnership pursuant to cooperative agreement between CITY of Meridian and ACHD, for which the CITY shall be the projeCt manager; and NOW, THEREFORE, it is mutually agreed as follows: SeetiÐn 1. Term of Agreement This Agn:cment shall tenninate on May 1 2005, unless earlier terminated. Seerton 2. Purpose The pu.tpose of this Agreemen1 is: (I) For 1he CITY to contribute up to $50,000 in funding the Downtown Transport!ltion Plan. (2) For ACHD to contribute up to $50,000 in tiJ,nding to the Downtown Transportation Plan and provide traffic dam and information. (3) For ACHD's contribu1ion. ACHD shall (a) receive an e1ectronic copy of all data and 1he results of the Downtown Transportation Plan; (b) the Steering Committee: shall be composed of two represenm1ives from the CITY and two from ACHD, which shall select the al1c:matives to study; and (c) the Scope of Work for the Contract for Services be amended [0 anal}l2e alternatives that provide an adequate level of service for the demands of automobiles, lImes, bicycles, and pedestrians. (4) For CITY to assume project management, coordina1ion and bookkeepiog functions for the Downtown TranspOrtation Plan, including, without Hmimtion, having the authority to enter into the contract with The Hudson Company and to make arrangement for payment of services œndered. (5) For CITY to exercise all or any part or combination of the powers set forth ínthis Agreement, and to do all things necessary for 1be proper operation of this Agreement and the Downtown Transportation Plan. rage 2 of 4 CiIy of Meridian Memc>Iandum ofUn<k:t;;llIDding 811712004 (;13-28-(;15 15:55 TO:MER!D!AN HUMAN RESOURCES FROM:! 2(;18 345755(;1 PO'3 FILE t",k,.436 03.28 'OS, 15:E,5 ID : ACHD FA><:l 208::4576':,0 F'fjl~,E . . 8 Secdon 3. LImitations on powen (1) CITY, in its exercise of the foregoing powers, and sIWI be. in compliance with aU applicable laws and regulations and pursuant to the conduct of good business practices, shall (i) manage, in such manner and at $nch times as CITY deems appropriate, the ContrlC! for Service, and (ìi) monitor the budget for each phase of the ContI'aCt for Services. (2) CITY, Ù1 its exercise of the foregoing powers, shall also (i) comply with aU conditions required by applieable regulations and laws, and (ii) maintain. in accordance with generally accepted accounting practices and principles, records and books of account regarding all tI'a11SlICtions related to the Downtown Transportation Plan. Seedon 4. rltyment (1) CITY shall submit an invoice and copies of any and all supporting documentation detailin.¡: the actUal costs incurred for the Downtown Transportation Plan. Upon receipt of an invoice and the PfCper supporting documel1tation, ACHD shall pay up to $50,000 to the CITY in participation of the Downtown Transportation Plan; provided, however, that ACHD shall not be obligated to payor release such IIIflQuot until such time as the funds are expended by CITY. the obligation becomes due to CITY, or services have been prQvided to CITY in accordance with this Agreement. (2) Payments shall be made within 30 days of invoice 10 CITY at dIC following address, unlçSS CITY is notified in writing by ACHD of a new address: ACHD 3775 Adam~ Street Garden City, Idaho 83714 (3) CITY's addæ&s, for the purpose of notice or correspondence, unless ACHD is notified in writing by CITY of a new address, shall be: City of Meridian 33 East Idaho Ave. Meridian, Idaho 83642 Section S. MisçeJJaneuns (I) Each party hereto represents and warrants that eac!:\ person executing this Agreement OIl behalf of such party is. at the time of such execl.ltion, duly authorized to do so by such party's governing body, and is fully vested with the authority to bind such party in all respects. i'agd of >I Cily of Meridi", Memorandum ofUndmtandin¡; 8/1712004 83-ZS-1S)5 15:56 TO:MERIDIAN HUMAN RE50URCE5 FROM:l zas 3457658 p"q . . . fILE t..J.:,.¥'6 03/28 '05 15:~,~, ID : HCHD FH>:: 1 2((: ::4S,7iC:'C,0 F'HI;[ (2) If any provision of 1his Agreement is held invaJid, illegal. or unenfOfCeable, the remainder shall be construed to conform 10 the intent of the parties, and shaH survive the severed provisions, (3) Excep1 as provided otherwise herein, this Agreement and any attachments hereto constitute the entire Agreement between CITY and ACHD concerning the subject matter hereof. The provisions of this Agreement shall be oonsQUed as a whole and not strictly for or against any party. (4) The captions and headìngs in this AJP""ment are for referenco: only and shall not be deemed to define or limit the scope or intent of any of the tenDS, covenants, conditions or agreements OOIItIlÍned herein. (5) This Agreement is not intended to create, nor shall it in any way be intetpreted of construed to create, any third party beneficiary rights in any person not a party hereto. (6) This Agreement shall be binding on the parties hereto. and their ~uccessors and assips. EXECUTED and effective as oftbe date first above written. CITY OF MERIDIAN: fJ3-28-fJ515:57 TO:MERIDIAN HUMAN RESOURCES (j(I~ -~ bn S. ranrlen Its: President P~ge 4 of 4 CitY DfMeridian Memonmdum of Understanding 8!l7!2004 FROM:l 2fJ8 345765fJ PO5