Loading...
HomeMy WebLinkAbout21- Memorandum of Understanding - Bozeman Public Library, Library Foundation, City of Bozeman for BoPage 1 of 3 Agreement between the Bozeman Public Library, the Bozeman Public Library Foundation, and the City of Bozeman for Phases 2 & 3 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 the Library Director) and the responsibilities of City in implementing this Agreement. The Board, City, and Foundation are referred to collectively as the “Parties.” I. Purpose On September 22, 2020, the Parties entered into the Agreement between the Bozeman Public Library, the Bozeman Public Library Foundation, and the City of Bozeman for Phase 1 of the Bozeman Library Expansion (the “Phase 1 Agreement”). 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”) for Phases 2 and 3 of the Project. Nothing in this Agreement supersedes the Phase 1 Agreement. The Foundation, the City, and the Board understand this Agreement provides the Parties’ agreement of how the Project will be developed for phases 2 and 3 and that this Agreement will be supplemented and adjusted as needed; as such, except for the Foundation’s obligations regarding funding 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 renovation and possible physical expansion of the current Bozeman Public Library (Library) facility to meet the Library’s growing program needs and growing demand for publicly accessible meeting room space 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 DocuSign Envelope ID: 382C397C-0B13-4469-A275-B37FC83A9091 Page 2 of 3 • 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 maintenance of the Library after the Project is completed. Phase 1 is scheduled for completion in June of 2021. Phases 2 & 3 will begin in August of 2021 with construction not likely to occur until 2022. 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. For Phases 2 & 3, the City responsibilities include executing an Architectural Services Agreement with the current project Architect, MSR Design, and preparing a Request for Proposals (or Request for Qualifications) to select a General Contractor to support final design and provide construction services and enter into a contract with the selected contractor. IV. Process The parties understand they will cooperate on developing plans and schedules for all phases of the Project. 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. V. Financing The Foundation represents to the City and the Board that it will raise all funds necessary for phases 2 and 3 of the Project. The Foundation represents it currently has sufficient funds to pay for all architectural services in Phase 2 of the Project and will reimburse the City for such expenses upon invoice from the City. For Phase 3, the Foundation must raise sufficient funds for all construction activities and provide evidence to the City that the Foundation has sufficient funds for all activities under Phase 3. The Foundation agrees the City will not commence construction of Phase 3 until it has evidence the Foundation has met this requirement. Construction may occur in phases if the necessary funding for the full scope is not secured in a timely fashion. The City agrees to accept signed donor pledges of funding as a guarantee of payment. DocuSign Envelope ID: 382C397C-0B13-4469-A275-B37FC83A9091 Page 3 of 3 VI. Representatives 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. #### 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: 382C397C-0B13-4469-A275-B37FC83A9091 8/23/2021 8/23/2021 8/23/2021