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
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• 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
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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