Transit Manager's Toolkit

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Tribal Memorandum of Understanding (MOU) Template

The purpose of this template is to provide Tribes and Tribal transit systems with a sample template of a Memorandum of Understanding (MOU) that they can use to enter into an agreement with the government of a city or county.  While this template can be used by any entity to enter a Tribal Government to Government agreement, it may only be used as a resource tool, but not for any commercial purposes.

Instructions:

The Tribal and transit system leadership are advised to carefully read all elements of this template and edit to reflect their local policies and practices. The items in red should be customized.


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MEMORANDUM OF UNDERSTANDING BETWEEN THE _________ (insert name of Tribe) ___________ AND GOVERNING BOARD AND THE ________________ (insert name of city or county __________________


WHEREAS, the ____________ (insert name of Tribe)_____________ is a federally recognized Indian Tribe having certain inherent powers and attributes of sovereignty and jurisdiction as recognized in federal and Tribal law and court decisions; and


WHEREAS, the territory of the _________________(insert name of territory) _________________ is located in the State of _________(insert name of state)__________ and citizens of the ___________(insert name of Tribe) ___________ residing in the _________(insert name of Tribal location)__________ Indian Country located in  ___________(insert name of city or county)______________ are also citizens of the State of _________(insert name of state) __________, pursuant to 8 U.S.C Section 1401(B); and


WHEREAS, There exists an independent relationship between the government of the ________(insert name of Tribe) _________, and the government of the City/County of ___________(insert name of city of county) ___________ and Governing Board; and


WHEREAS, the executive branches of the City/County of ___________(insert name of city of county) ____________and Governing Board (“City/County of __________(insert name of city of county) ___________”) and the __________(insert name of Tribe) ____________ (the “_________________”) have issued executive orders instructing agencies of the City/County of ________(insert name of city of county) _________ and __________(insert name of Tribe) ___________ to develop an appropriate Memorandum of Understanding to address how each such agency shall interact, coordinate and work with each other; and 


WHEREAS, the City/County of _________(insert name of city of county) __________ and Governing Board, and ________(insert name of Tribal Transit System)_________, a department of _________(insert name of Tribe) __________ desire to work together in coordination and cooperation with each other in government-to-government relationship for the benefit of both parties;



NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:

1. PURPOSE

The purpose of this Memorandum of Understanding is to formalize the terms and conditions _________(insert name of Tribe) __________ and the City/County of __________(insert name of city of county) __________will employ to effectively provide transportation services to the citizens of _________(insert name of Tribe and city or county) ___________.


II. CONTACT PERSONS

Unless otherwise stated, the appropriate contact person for the City/County of _______(insert name of city or county) __________ and Governing Board for matters pertaining to this Memorandum of Understanding shall be:

____________(insert name of contact person) _____________

Mayor

City/County of _________(insert name of city of county) __________

1234 Street

City, State, zipcode

Phone number

Mayorsoso@somewhere.org


The appropriate contact person(s) for the ______(insert name of Tribal Transit System) _________ shall be:

Director name

Director, Company name

Tribe’s Name

1234 Industrial Road

somewhere, MS 39350

(601) 650-1234; Fax (601) 650-5678

directorsoso@somewhere.org


The City/County of ________(insert name of city or county) _________ shall contact the above-designated individual(s), or successor(s), for ______(insert terms)_________, and ________(insert name of Tribe) _________ shall contact the above-designated individual, or successor, for the City/County of ________(insert city or county)___________ when either party has any questions related to this Memorandum of Understanding.


III. IMPLEMENTATION, OBJECTIVES AND RESPONSIBILITIES


A. IMPLEMENTATION

This Memorandum of Understanding shall be immediately effective upon the signature of the parties hereto.


B. OBJECTIVES

The parties hereto agree to providing residents of the City/County of ________(insert name of city or county) _________ daily access to transportation to and from community medical facilities, educational institutions and social activity sites that they currently are not able to travel to. _______(insert name of Tribal transit service) _________ has the ability and the means to enhance and improve the quality of life to the citizens of _______ (insert name of Tribe and city or county __________ by providing mobility through coordinated, safe and affordable transportation.   


C. RESPONSIBILITIES
1.________(insert name of responsible party)_________ and the City/County of _______(insert name of city or county) ________ agree as follows:


a. That ________(insert name of Tribal Transit service) ___________ shall provide transportation services to the residents of _____(insert name of Tribe and city or county) _______ for a minimum of _____(insert number) ______ hours per day, _______(insert number) _________ days per week pursuant to the attached Route consisting of one (1) page and incorporated herein as Exhibit “A”. The parties further agree that trips outside the above posted time period will be discussed in advance to ensure that residents of ___________(insert name of Tribe and city or county) ____________ can be accommodated.


b. That _________(insert name of Tribal transit system) ___________ shall provide these services for a twelve (12) month period beginning on or about ________(insert month and year) _________ and ending on or about _________(insert month and year) __________.


c. That the ________(insert payor) _________ shall pay the sum of $______(insert dollar amount) _________ to be billed by ______(insert billing method) _______ and paid on a monthly basis for said ____(insert number)_____ month period.


d. That the parties agree that, upon written agreement, the period for providing transportation services can be renewed as well as expanded on an annual basis for a sum to be negotiated for said services.


V.  SOVEREIGNTY

The parties hereto have entered into this Memorandum of Understanding for the sole purpose of enhancing government-to-government cooperation between the _________(insert name of Tribe) __________ and the __________(insert name of city or county) ___________. The Memorandum of Understanding does not, and shall not be construed to change, enlarge, diminish, or waive the sovereignty or jurisdiction of either party or the rights, privileges or immunities of either party or any person. In addition, this Memorandum of Understanding does not, and shall not be construed o create any right to administrative or judicial review, or any other right, benefit or responsibility, substantive or procedural, enforceable by any person against the executive branch of the _________(insert name of Tribe) __________, the __________(insert name of city or county) ___________, their officers or employees, or any other person, except as expressly agreed to herein.


VI. AMENDMENTS

This Memorandum of Understanding may be amended in writing as mutually agreed upon by the parties.


VII. TERMINATION

This Memorandum of Understanding may be terminated by either party by giving sixty (60) days prior written notice to the other. 


VIII. EXECUTION

The parties agree that this Memorandum of Understanding shall be submitted to both the executive branches of the City/County of __________(insert name of city or county) ____________ and _________(insert name of Tribe) __________, and that nothing contained in this Memorandum of Understanding or any amendments thereto shall become effective until executed both by the Chief of the ________(insert name of Tribe) __________ and the Mayor of ________(insert name of city or county) __________.




WE, THE UNDERSIGNED, HEREBY AGREE TO THIS MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY/COUNTY OF ________(insert name of city or county) ___________ AND ITS GOVERNING BOARD AND THE ________(insert name of Tribe) _________.


TRIBE’S NAME


_______________________________                             ___________________________

 JOHN DOE, TRIBAL CHIEF                                                             DATE                                               


CITY/COUNTY OF ________(insert name of city or county) _________ AND GOVERNING BOARD



________________________________________           __________________________ 

JOHN DOE, MAYOR                                                                   DATE                               

CITY/COUNTY OF________________________________


EXHIBIT “A”


Replace with any exhibit(s) you would like to include


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Updated September 18, 2025

Tribal Transportation - 5311 Funding Resolution Template

The purpose of this template is to provide Tribes and Tribal transit systems with a sample template of a Resolution to apply for a Section 5311 Formula Grant for Rural Areas (or a continuation of the grant).  While this template can be used by any entity for the Tribal Resolution, it may only be used as a resource tool, but not for any commercial purposes.

Instructions:

The Tribal and transit system leadership are advised to carefully read all elements of this template and edit to reflect their local policies and practices. The items in red and blue should be customized. 


Replace with your logo or seal



TRIBAL RESOLUTION NO: _______________


(Title) A RESOLUTION TO APPLY FOR (CONTINUATION OF) A SECTION 5311 FORMULA GRANT FOR RURAL AREAS FROM THE (Insert State) DEPARTMENT OF TRANSPORTATION to the (Name of Tribe)


The Tribe empowers the Tribal Council to negotiate with and to approve or disapprove contracts or agreements with federal, state or local governments, with private individuals, or with corporate bodies; and


SCOPE; A Resolution to enter into (or continue) a Federal Transit Administration (FTA) Tribal 5311(c)(1)(B) supporting the adoption and approval of an FTA-sponsored program to provide public transportation on routes that are defined and designated by the tribe. This program funding will be braided with P.L.93-638 Compact funding through the Office of Self Governance for the Tribal Transportation Program (TIP) functions on behalf of the U. S. Bureau of Indian Affairs (BIA) to Approve and Complete Transportation Planning, Design and/or Construction and Maintenance Activities identified in the Tribal Transportation Priority List, Long Range Transportation Plan (LRTP), and Transportation Improvement Program (TIP) for FY 22-26 tribal shares funding, 2% Planning funding, all reconciliation funds, and all High Priority Projects. The (Insert Tribal leadership name) is the governing body of the federally recognized Tribe; and 


SOVEREIGNTY STATEMENT;

The (Tribe) is a Federally Recognized Indian Tribe (Federal Register Volume 65, Number 49, March 13, 2000, Notices Pages 13298-13303) and is a State Recognized Indian Tribe as noted in the Millennium agreement between the State of Alaska and the Tribe. The Tribe reserves its sovereign status by exercising self-determination in the administration of this program, consistent with the government's trust responsibility for self-governance. If the contractual program or any administrative issues need to be addressed, the Agency Technical Representatives will contact the tribal contact immediately to minimize impacts on program administration and contract performance periods. The tribe reserves the direct and indirect effects of planning efforts and alternative conclusions determined throughout project development; and


WHEREAS; The Tribe is applying for (or continuing) a grant under Section 5311 to support transit service; and


WHEREAS; FTA 5311 funds are available from the U.S. Department of Transportation, Federal Transit Administration for grants through the Federal Transit Administration and may be available through the State of (Insert State) Department of Transportation (depending on the Tribe’s preference); and


WHEREAS; The (Insert Tribal Government) Transit Program intends to serve (Add your planned service areas, communities, counties) within (Insert state) (Examples: non-emergency medical transportation, dialysis, after school transportation, work-related commuter routes, and older adult program meal deliveries); and


WHEREAS; The (Insert Tribal Government) Transit Program funded by FTA is a Public Transportation Service, required by the grant, that continues to serve the public and meet the needs of the Tribe; and


WHEREAS; The Tribe agrees to an external legal review process mandated by the funding; and 


WHEREAS; The Tribe (requests or waives) government-to-government negotiations that address the blanket FTA Master Agreement; and


NOW THEREFORE BE IT RESOLVED, the (Tribal governing body) authorizes and supports the development of the FTA applications operations, training, maintenance, and administration of the FTA program that will support the mission of the tribe and authorizes (name of a department or designated staff) to prepare and administer the grant process; and 


NOW THEREFORE BE IT RESOLVED, the (Tribal governing body) authorizes and supports approving and supporting the FY 22-26 FTA transit grant.


NOW THEREFORE BE IT RESOLVED, that the Tribal Council does hereby authorizes the (Insert Tribal Executive Leader) or (Designated person) the authority to sign any and all documents necessary for implementation of the grant; and


NOW THEREFORE BE IT RESOLVED, that the Tribal Council does hereby authorize the __________________ (Insert Tribal Executive Leader) or (Designated person), to apply for a grant award from FTA (or the (Insert State) Department of Transportation-Public Transit Division) and to negotiate; sign and receive a grant award from the FTA (or  (Insert State) Department of Transportation).


CERTIFICATION (Here is a sample of what the resolution will look like once approved)


CERTIFICATION: 

This resolution was duly considered and adopted at a meeting of the (name of governing body) in (where the business was performed) on __________________, at which a quorum of Council members was in attendance.


Voting Record:


       For ________                             Against ________                             Abstain ________


Present ________                             Absent ________



______________________________________                __________

President, (name of governing body)                                        Date


______________________________________                 __________

Secretary, (name of governing body)                                        Date 



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