HomeMy WebLinkAbout20- Memorandum of Understanding - Bozeman Library Foundation - Agreement for Phase 1 of the Bozeman Public Library ExpansionPage 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
DocuSign Envelope ID: 09F18292-D2CD-4798-98A1-E437A014DE10
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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
DocuSign Envelope ID: 09F18292-D2CD-4798-98A1-E437A014DE10
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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
DocuSign Envelope ID: 09F18292-D2CD-4798-98A1-E437A014DE10
10/4/2020
10/5/2020
10/23/2020