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Home My WebLink About09-22-20 City Commission Packet Materials - C7. Agreement for Phase 1 of Public Library Expansion Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Susan Gregory, Library Director Jon Henderson, Strategic Services Director SUBJECT: Agreement between the Bozeman Public Library, the Bozeman Public Library Foundation, and the City of Bozeman for Phase 1 of the Bozeman Public Library Expansion. MEETING DATE: September 22, 2020 AGENDA ITEM TYPE: Consent. RECOMMENDATION: Authorize the City Manager to sign an agreement between the Bozeman Public Library, the Bozeman Public Library Foundation, and the City of Bozeman for Phase 1 of the Bozeman Public Library Expansion. STRATEGIC PLAN: 5.1.a – Ensure library services and facilities meet the demands of the city. BACKGROUND: The Bozeman Public Library, in partnership with the Library Foundation, and the City of Bozeman, is pursuing a possible expansion of the current facility to meet growing program needs, in addition to expanded meeting room space, and covered parking for the bookmobile. This project will be completed in three phases: • Phase 1 – Community Engagement & Conceptual Design • Phase 2 – Final Design • Phase 3 – Construction The Library Foundation will provide funding for all phases, while City staff will provide project management support and long term facility maintenance. Timing for each phase has yet to be determined, with construction not likely to occur until 2021 or later. An agreement between the Library Foundation, the Library Board of Trustees, and the City of Bozeman will clarify the relationship between funding commitments on behalf of the Library Foundation and project management and legal services provided by the City. Adequate funding currently exists for completing Phase 1, while an addendum will be pursued for subsequent phases based on sufficient funding. The Library Foundation is targeting a $3-5 million dollar project to include all phases. 69 An RFQ/RFP for Phase 1 will be advertised upon execution of this agreement. The scope of the project will be determined based on multiple factors including fundraising success and obtainable priority needs as identified in the conceptual design process. This project will focus on the existing facility, while parallel efforts are made to explore a partnership with Gallatin High in addition to a separate satellite branch to better serve the west side of town. UNRESOLVED ISSUES: None. FISCAL EFFECTS: The Library Foundation has sufficient funds to initiate and complete Phase 1. The Foundation will use its best efforts to ensure that as each phase of the project moves forward it will be prepared to fund the project. Attachments: Library Expansion Agreement for Phase 1 Report compiled on: 09/09/20 70 Page 1 of 3 Agreement between the Bozeman Public Library, the Bozeman Public Library Foundation, and the City of Bozeman for Phase 1 of the Bozeman Public Library Expansion This Agreement is between the Bozeman Public Library Board of Trustees (Board) with a mailing address of PO Box 1230, Bozeman, Montana, 59771, the City of Bozeman (City), with a mailing address of PO Box 1230, Bozeman, Montana, 59771, and the Bozeman Public Library Foundation (Foundation) with a mailing address of 626 E. Main, Bozeman, MT 59715. Recognizing the Board and the City are constituents of the same entity, for purposes of this MOU both are individual signatories to this Agreement to demonstrate the City and the Board recognize and understand the responsibilities of the Board (and its Director) and the responsibilities of City in implementing this Agreement. I. Purpose The purpose of this Agreement is to provide an understanding between the Board, the City, and the Foundation regarding the responsibilities of each party for planning, designing, financing, and construction of improvements to the Bozeman Public Library (the “Project”). The Foundation, the City, and the Board understand this Agreement provides the parties’ preliminary agreement of how the Project will be developed and that this Agreement will be supplemented and adjusted as the Project proceeds; as such, except for the Foundation’s obligations regarding funding of Phase 1 of the Project, the understanding between the parties as stated in this Agreement is subject to change. II. The Project The Board, the City, and the Foundation are pursuing a possible physical expansion of the current Bozeman Public Library (Library) to meet the Library’s growing program needs and growing demand for publicly accessible meeting room space. In addition, the parties desire to investigate the feasibility of providing covered parking for the bookmobile as stated in the City of Bozeman Strategic Plan 5.1.a. The Project, as currently understood between the parties, consists of three phases: • Phase 1 – Community Engagement & Conceptual Design • Phase 2 – Final Design • Phase 3 – Construction The Foundation agrees to provide funding for the costs and expenses of all phases of the Project, while City and Board staff will provide project management support for the Project and 71 Page 2 of 3 maintenance of the Library after the Project is completed. Timing for each phase has yet to be determined, with construction not likely to occur until 2021. The parties will work together to implement the Project and during Phase 1 develop an agreed upon detailed description of and schedule for initiation and completion of each phase. In addition, the parties understand that prior to initiation of Phase 2 the parties will enter a subsequent agreement addressing the responsibilities of the parties through Phase 2 and Phase 3. III. Responsibilities The Foundation will provide funding for the costs and expenses of all phases of the Project and the City and Board will provide staff support including project management for all phases. As noted, additional details regarding the responsibilities of the parties will be provided for in a future agreement. For Phase 1, the Foundation will provide funding for all costs and expenses related to Phase 1 and reimburse the City for such costs not including City staff work. For Phase 1, the City responsibilities include preparing a Request for Proposals (or Request for Qualifications) to select a consultant to provide services for Phase 1 and enter into a contract with the selected consultant. The general purpose of the contract will be for the consultant to engage the public in a process to determine the overall scope of the Project and to solicit public input on design objectives and alternatives. The parties agree the RFP/RFQ process will seek the consultant to provide services for all phases of the Project. IV. Process The parties understand they will cooperate on developing plans and schedules for all phases of the Project. For Phase 1, the City’s Strategic Services Director, the Library’s Director, and the Foundation’s Director will develop a mutually agreed upon list of actions and responsibilities. For subsequent phases, the actions and responsibilities of the parties will be provided for in the subsequent agreement. V. Financing The Foundation represents to the City and the Board it has the organizational capacity to complete its responsibilities and has already raised or will raise by the time the City enters into a contract with the consultant for Phase 1 sufficient funds to initiate and complete Phase 1 The Foundation represents it will use its best efforts to ensure that as each phase of the Project moves forward it will be prepared to fund the Project. VI. Representatives 72 Page 3 of 3 The parties understand that decisions called for in the Agreement will be made by each party’s representative. For purpose of this Agreement the Foundation shall be represented by its Director, Janay Johnson, the City represented by its Director of Strategic Services, Jon Henderson, and the Board represented by its Director, Susan Gregory. VII. No Partnership; Binding Agreement Required Nothing herein shall be deemed to constitute the creation of a formal business entity or partnership between the parties. Except for the responsibilities of the parties for Phase 1 subsequent actions of the parties for any phase of the Project after Phase 1 requires a subsequent agreement. #### END OF AGREEMENT EXCEPT FOR SIGNATURES #### City of Bozeman ____________________________ DATE: __________ Jeff Mihelich, City Manager Library Board of Trustees ____________________________ DATE: __________ John Gallagher, Chair Bozeman Public Library Foundation ____________________________ DATE: __________ Janay Johnson, Director 73