HomeMy WebLinkAbout23 - Payment Agreements - Bozeman Public Library Foundation - Bozeman Community CenterPage 1 of 3
Agreement between the Bozeman Public Library Foundation and the City of Bozeman
for the Bozeman Community Center
This Agreement is between 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 related to the development of a new City
west-side branch library and recreation and aquatics center (Bozeman Community Center). The
City and Foundation are referred to collectively as the “Parties”.
I. Purpose
The purpose of this Agreement is to provide an understanding between the City and the
Foundation regarding the receipt of donations in support of funding the Bozeman Community
Center. The City’s current Capital Improvement Plan includes the construction of a new library
branch, recreation, and aquatics center in Bozeman’s west side in fiscal year 2024.
The Foundation and the City understand this Agreement provides the Parties’ agreement of how
the Project will be supported by donations 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 “Funding” as described below), the understanding between the parties as stated in
this Agreement is subject to change.
II. The Project
The City of Bozeman’s Strategic Plan calls for ensuring library services that meet the demands
of the City, in addition to prioritizing recreational opportunities and active health programs and
facilities. Through previous studies, the Bozeman Public Library and the Parks & Recreation
Department have identified a critical need to expand civic amenities and services to all City
residents.
The proposed Bozeman Community Center will serve as a shared facility for branch library
services, in addition to aquatics and recreation services providing intergenerational recreation,
youth programming, and a holistic definition of wellness to support both civic and cultural needs.
III. Responsibilities
The Foundation has received a Grant Award from the Kendeda Fund in the amount of $3,000,000
for the following purpose: “in support of the design and construction costs associated with the
Library portion of the West Side Bozeman Community Center, Library and Pool Project. It is
intended that a portion of this Grant will be used to pay for the costs associated with solar panel
installation for the entire Project… (the ‘Purpose’).” A copy of the Grant terms of this Grant is
DocuSign Envelope ID: 669A8D1A-A27E-429E-8248-79BA3A08DDBE
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attached to this Agreement as Exhibit 1. Subject to the conditions set forth below, The
Foundation agrees to provide $3,000,000 in funding for the costs and expenses of the Project in
accordance with the Purpose of the Grant (to include $500,000 dedicated to the installation of an
onsite solar array), while the City will provide project management support for the Project and
maintenance of the Bozeman Community Center after the Project is completed. City
responsibilities include executing an Architectural Services Agreement with the current project
Architect (ThinkOne / AMD) 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.
The parties also understand City voters must approve the sale of general obligation bonds at the
November 7, 2023 election for the City to proceed with purchase, development, and construction
of the project.
IV. Financing
The Foundation represents to the City it has the authorization and capacity to transfer funds to
the City prior to substantial completion of construction. The Foundation’s obligation to transfer
funds to the City pursuant to this Agreement is contingent upon the following two conditions:
first, that Foundation receive the full amount of the Grant from the Kendeda Fund on or before
December, 31, 2023, and second, voters approve the sale of general obligation bonds at the
November 7, 2023 election.
V. 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, and the City represented by its Director of Strategic Services, Jon
Henderson.
VI. No Partnership; Binding Agreement Required
Nothing herein shall be deemed to constitute the creation of a formal business entity or
partnership between the parties. The parties agree that except for the terms and conditions of the
use of the Grant as set forth in this Agreement, there are no other agreements, promises, or
representations, either oral or written, with respect to the payment of and the use of payment of
funds in accordance with this Grant and the use of those funds in the Bozeman Community
Center Project.
DocuSign Envelope ID: 669A8D1A-A27E-429E-8248-79BA3A08DDBE
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#### END OF AGREEMENT EXCEPT FOR SIGNATURES ####
City of Bozeman
____________________________ DATE: __________
Jeff Mihelich, City Manager
Bozeman Public Library Foundation
____________________________ DATE: __________
Janay Johnson, Director
DocuSign Envelope ID: 669A8D1A-A27E-429E-8248-79BA3A08DDBE
6/29/2023
7/10/2023
Exhibit 1
DocuSign Envelope ID: 669A8D1A-A27E-429E-8248-79BA3A08DDBE
DocuSign Envelope ID: 669A8D1A-A27E-429E-8248-79BA3A08DDBE