MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING is made and entered into by and between the City of Lawrence, Kansas, a city of the first class under the laws of the State of Kansas, (hereinafter referred to as the “City”) and the University of Kansas, an educational institution, public body, and independent agency of the State of Kansas (hereinafter referred to as the “University”), the City and the University from time to time herein collectively referred to as “the parties.”
WHEREAS, the City currently provides City public transit services to the Lawrence community, including fixed route services and demand response paratransit services, such services currently funded through the City, the Federal Transit Administration (FTA) and the Kansas Department of Transportation (KDOT); and
WHEREAS, the University currently provides transit services for students through the KU Students on Wheels services, such services currently funded through the University Student Senate; and
WHEREAS, the University desires to improve the public transportation services it currently provides for its students, faculty and staff on the Lawrence campus and to provide easy access to the public transportation services provided by the City; and
WHEREAS, the City has the desire to enhance and increase its ridership and service by improving coordination of public transportation services between the City and the University; and
WHEREAS, the City and the University desire to reduce parking and traffic congestion within the community area by encouraging the use of public transportation; and
WHEREAS, the City and University desire to ensure that any future efforts to improve coordination of City and University transit services do not detrimentally or negatively impact transit services benefiting the entire Lawrence community;
NOW, THEREFORE, in consideration of the foregoing and the mutual promises and covenants hereinafter contained, the parties agree as follows:
1. Coordination of Services. It is the desire of the parties to further explore the feasibility of implementing a coordinated and/or consolidated system for delivering public transportation services to members of the University and Lawrence community by coordinating and/or consolidating existing Lawrence public transit services and University transit services to the best interests of the City and the University.
2. Planning Study. In order to further evaluate the feasibility of such a coordinated system, the parties will work together to carry out a coordinated Planning Study.
a. The purpose of the Planning Study will be to evaluate the current transit systems through a comprehensive operational analysis; provide operational methods and alternatives for a coordinated and/or consolidated transit system; identify the efficiencies of a coordinated and/or consolidated transit system; provide a multi-year estimated budget for the operating costs and capital needs of a coordinated and/or consolidated system; identify available local, University, State, and federal funding options; provide operational models and alternatives for possible fare structure; provide alternatives and a recommendation for governance of a coordinated and/or consolidated system based on community needs; and quantify the benefits and costs of coordination and/or consolidation for both the City and the University.
b. The City will procure the services of a consultant to carry out the Planning Study through the City’s procurement process. The parties will work cooperatively to develop the scope of work for the Planning Study.
c. The parties shall mutually agree on the costs of the Planning Study. Each party shall be responsible for 50% of the costs of the Planning Study.
d. It is the intent of both parties that the study process provide for input from members of the Lawrence community, students and other members of the University community.
e. Best efforts shall be made to provide for completion of the study by September 1, 2006.
f. Both parties shall be provided with an opportunity to participate in review and provide comment on any interim reports and the final study. Participation in this MOU and the Planning Study does not imply endorsement or commitment by the parties to implement the recommendations of the Planning Study.
3. External Funding for Coordinated System. The parties recognize that implementation of a coordinated and/or consolidated transit system as contemplated herein will likely require the procurement of additional buses, facilities and associated labor and equipment.
a. Capital (49 U.S.C. 5309 Appropriated funding). The University and the City agree to work together to pursue FTA Section 5309 funding (a federal capital funding source generally available for the acquisition of buses, facilities and non-labor cost items), and any other available federal and state funding for bus procurement or related items, and to submit a joint Congress-directed mass transit project funding request for bus and bus facilities. The parties agree that the City’s current planned funding needs for existing bus replacement and facilities from federal FTA Section 5309 funding shall take priority to any joint Congress-directed mass transit project requests made in the year 2006. Joint Congress-directed mass transit project funding requests made thereafter, shall be utilized to advance implementation of a coordinated and/or consolidated transit system, in accordance with specific needs identified pursuant to the adopted recommendations(s) from the Planning Study. In the event that the parties determine not to pursue implementation of a coordinated and/or consolidated transit system, the parties agree that Congress-directed mass transit project funding awarded to the City of Lawrence pursuant to a joint application between the City and KU, shall be utilized by the City to address its existing transit needs, to the extent permitted by applicable federal regulations. It is the explicit intent of the parties that any joint funding requests shall not negatively impact transit services to the Lawrence community or reduce the future federal funding needs of the City’s transit system. The City shall include the University in any communications or discussions with the Congressional delegation and their staff, or lobbyists, relating to any joint Congress-directed mass transit project funding requests. The University shall include the City in any communications or discussions with the Congressional delegation and their staff, or lobbyists, relating to any joint Congress-directed mass transit project funding requests.
b. Operating (49 U.S.C. 5307 Urbanized Area Formula Program funding). The City’s current transit system receives FTA Section 5307 Urbanized Area Formula Program funding which provides an essential and substantial resource for the continuing operations of the existing system. The parties agree that future uses of Section 5307 funding for a coordinated and/or consolidated system will not negatively impact the overall City transit system. The parties may seek other available federal funding sources (e.g. 49 U.S.C. 5336(j) Small Transit Intensive City Tier funding) for providing service above FTA established service criteria, and shall mutually determine how the appropriate allocation of such additional funding is to be used for a coordinated and/or consolidated system.
4. Prior Agreements; Amendments. This MOU sets forth the entire agreement between the parties with respect to the subject matter contained herein and supersedes all prior agreements, negotiations, and discussions concerning any matter contained herein. The parties agree to cooperate and take such action as is necessary to update and amend this MOU as needed to address the issues outlined herein.
5. Effective Date; Renewal. This MOU shall be effective commencing on January __, 2006 and shall extend for a period of one (1) year. This MOU shall automatically renew for subsequent terms of one (1) year, unless notice of non-renewal is provided to the other party within thirty (30) days of the end of the current term.
6. Termination. Either party may terminate this MOU by giving thirty (30) days written notice to the other party.
7. Claims. With respect to claims arising from activities conducted pursuant to the MOU, each party shall be responsible for its own negligence, or that of its employees or agents, but only in the manner and to the extent provided by applicable State laws, and nothing in the MOU shall create any obligation to defend or indemnify the other party. In the event of claims by third parties arising from such activities, the parties will cooperate in defense of such claims.
8. Binding Effect and Assignment. This MOU shall be binding upon and inure to the benefit of the parties hereto and their respective representatives, successors, and assigns.
9. Applicable Law. This MOU shall be governed by the laws of the State of Kansas.
10. Venue. It is agreed by and between the parties that, should any dispute arise, that cannot be resolved through negotiations and by mutual consent, concerning the validity and effect of this MOU, or of any breach of the MOU herein, venue of action concerning such dispute shall be in the District Court of Douglas County.
11. Severability. Each provision of this MOU shall be considered separable and if for any reason a provision which is not essential to the effectuation of the basic purposes of the MOU is determined to be invalid or contrary to any existing or future law, such validity shall not impair the operation of or effect of those provisions of this MOU that are valid.
IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Understanding to be executed in duplicate as of the date and year hereinafter written.
CITY OF LAWRENCE UNIVERSITY OF KANSAS
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By: By:
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