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HomeMy WebLinkAboutMemorandum of Understanding with Gallatin County a Law and Justice Master Plan.pdf Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Chuck Winn, Assistant City Manager SUBJECT: MOU with Gallatin County for Law and Justice Master Plan MEETING DATE: July 19, 2010 AGENDA ITEM TYPE: Consent RECOMMENDATION: We are requesting two separate actions by the Commission's approval of this item; 1. Approve MOU with Gallatin County to participate in the Law and Justice Center Master Planning process. 2. Approve an exception to Resolution 4250 as described in Unresolved Issues. BACKGROUND: In March 2010, Gallatin County approved a contract with Prugh and Lenon Architects for Master Planning of the continued development of the Law and Justice campus. The County's contract includes: 1) An evaluation and update of the existing 2004 Carter Goble Lee Needs Assessment; 2) Programming; and 3) Master Planning for the site to include cost estimating as necessary to facilitate informed decision making by the City and County to determine whether continued cooperative development of the site is feasible. Prior to any decisions or commitments being made as a result of this, or any other process, the City Commission will have the opportunity to review and provide direction as needed. Additionally, by participating in this Master Planning process, the City will receive an update to its 2007 staffing and space needs assessment. UNRESOLVED ISSUES: We have had several conversations with the County regarding inclusion of the City's anti-discrimination language in the MOU. The County has taken the position that its own anti-discrimination language included in its contract with Prugh and Lenon takes precedent over any language that might be included in this MOU. As such, they have requested an exemption to Resolution 4250. FISCAL EFFECTS: The total cost of the County's contract with Prugh and Lenon is $98,862. The City is participating in 20% of the of the contract amount ($19,772). The MOU provides for 12 three distinct phases with payment for each phase due upon completion of the work. The three phases are; Phase I Needs Assessment, Phase II Programming, and Phase III Master planning. The county will invoice the City separately for the costs of each phase upon completion of that phase (Phase I - $3,360, Phase II - $9,504, Phase III - $6, 907). The City has the option of opting out of subsequent phases if it so chooses. The money is included in the City Manager's FY11 Recommended Budget. ALTERNATIVES: As suggested by the City Commission. Attachments: Gallatin County/City of Bozeman MOU Report compiled on: July 14, 2010 13 MEMORANDUM OF UNDERSTANDING BETWEEN GALLATIN COUNTY AND THE CITY OF BOZEMAN FOR MASTER PLANNING OF LAW AND JUSTICE CAMPUS FACILITIES PURSUANT TO THE COUNTY CONSULTANT SERVICES AGREEMENT WITH PRUGH & LENON ARCHITECTS This Memorandum of Understanding (MOU) is made and entered into on the _______day of July, 2010, by Gallatin County, hereinafter referred to as the (COUNTY), and the City of Bozeman, Montana, hereinafter referred to as the (CITY). The MOU establishes the roles, responsibilities and commitments relative to the planning, sequencing, costs, administration, communication and the development of programming and planning documents necessary for the implementation of a Master Planning Evaluation for the continued development of a Law and Justice Campus. The proposed Campus will be developed on COUNTY property located at 615 South 16th, Bozeman, Montana. The campus master plan evaluation will specifically consider the needs and requirements for cooperative development of the campus with the CITY. The COUNTY has completed a procurement process for selection of a planning consultant. The scope of work associated with this MOU is outlined in the COUNTY contract with Prugh & Lenon Architects and their sub-consultants Integrus Architecture and Dan Wiley & Associates, hereinafter referred to as the “CONSULTANTS”. The CONSULTANT’S work plan governed by this agreement includes: 1) An evaluation and update of the existing 2004 Carter Goble Lee, Needs Assessment; 2) Programming; and 3) Master Planning. The work plan includes cost estimating as necessary to facilitate informed decision making by the COUNTY and CITY in preparing for the design development and construction of the campus. WHEREAS, the COUNTY has conducted a formal procurement process for the selection of project planning consultants for the implementation of a Master Planning Evaluation for the continued development of a Law and Justice Campus; and WHEREAS, the parties recognize the continuation of a Law and Justice Center campus that includes the CITY’s police, courts, and related facilities is in the best interests of the citizens of Gallatin County and the City of Bozeman and as such the parties desire to cooperate in investigating the feasibility of continuing this relationship for the long-term; and WHEREAS, the CONSULTANTS have been selected and contracted by the COUNTY to perform the Master Planning services; and WHEREAS, the CONSULTANTS have prepared a detailed scope of work, timeline and cost schedule hereinafter referred to as (ATTACHMENT A) that has been found acceptable to the COUNTY and CITY; and WHEREAS, the detailed outline contained in ATTACHMENT A shall become the basis for the joint participation in the master planning activities between the COUNTY and CITY and establishes the individual tasks and costs associated with the work to be conducted in the interest of each party. Specifically, a total contract cost of $98,862 to be divided 80% COUNTY ($79,090) and 20% CITY ($ 19,772); and 14 WHEREAS, the COUNTY agrees to be responsible for items identified in this MOU and, in accordance with ATTACHMENT A, agrees to directly manage the contract with the CONSULTANTS; and WHEREAS, it is mutually agreed upon that a cooperative delineation and identification of duties and responsibilities of the parties is essential to the overall development and long-term outcome of this PROJECT; NOW THEREFORE, the signatory parties set forth below the fundamental duties and responsibilities necessary to implement this PROJECT. UNDERSTANDING 1. Oversight for the Master Planning process will be provided for the COUNTY by the COUNTY Capital Improvement Committee (CIP). This Committee functions in advisory capacity to the Board of County Commissioners. Oversight for the CITY will be provided by the Assistant City Manager. It is also understood that the CITY is an independent participant in this process and that it has its own process for making decisions that may involve the City Manager and City Commission among others. 2. The CITY agrees to participate with the COUNTY CIP committee by assigning a representative to attend meetings that are associated with and relative to the master planning process. 3. The COUNTY, CITY and CONSULTANTS desire and agree to develop a working relationship based upon open communication and mutual participation. As such, the work plan has been developed with specific goals, objectives and critical milestones that seek to insure that a mutual understanding and agreement between the parties is documented before further work is conducted. It is further understood that the CITY has its own governing body and decision making process separate from the COUNTY and that adequate opportunity must be given for concurrent review by the COUNTY CIP Committee, the Board of County Commissioners and the Bozeman City Commission. PROJECT REPRESENTATIVES COUNTY names Larry Watson, Grants & Projects Administrator, as contact person, who shall receive and examine the documents or information supplied by the CITY and CONSULTANTS, act as Project liaison between the COUNTY, the CONTRACTOR and the County Capital Improvement Committee and respond to requests from the CITY, CONSULTANT and CIP Committee in writing promptly to prevent unreasonable delay in the progress of the project. CITY names Chuck Winn, Assistant City Manager, as contact person to act as its project liaison. The CONTRACTOR names Dick Prugh, NCARB as their Project liaison. CONTRACTOR will not release information to any third party without prior written approval from the COUNTY’S contact person. All parties recognize that while there are common needs and goals, there are also individual needs of each party. 15 DURATION The term of this Agreement shall be for a period of 1 (one) year from the date of execution of this Agreement as set forth above. Should greater than 1 year be required to make determinations regarding the joint development of the Campus by the COUNTY and CITY, then this Agreement may be renewed for an additional period of time as mutually agreed upon by the participating parties. FINANCING The CITY is participating in 20% of the total contract with the CONSULTANTS. Specifically, a total contract cost of $98,862 to be divided 80% COUNTY ($79,090) and 20% CITY ($ 19,772); This MOU provides for participation in three distinct phases of the Master Planning process; Phase I Needs Assessment, Phase II Programming, and Phase III Master Planning. The COUNTY will invoice the CITY separately for the costs of each phase of the project upon completion of that phase (Phase I - $3,360, Phase II - $9,504, and Phase III - $6,907). The CITY will have the option of opting out of subsequent phases if it becomes apparent to the CITY that continuing is not in the best interests of the CITY or COUNTY. DELIVERABLES The COUNTY agrees that the CONSULTANTS shall deliver to the CITY individual reports of the updated needs assessments and programming for the CITY’S Courts, Police Department and City Attorney’s Office. The CITY shall be given adequate time to discuss the results of these reports before any decisions are made based upon the results of those reports, but that the CITY’S discussions and decisions will not result in unnecessary delays on completion of the scope of work by the CONSULTANTS within the assigned time schedule. ENTIRE AGREEMENT This MOU consists of 4 pages and one attachment (Attachment A). The original will be kept by the Gallatin County Clerk and Recorder. A copy of the original signed Agreement has the same force and effect as the original. The MOU constitutes the entire agreement between the parties. No alterations, modifications, or additions to this Agreement shall be binding unless reduced to writing and signed by the parties. AMENDMENTS The terms and conditions of this MOU may not be modified or amended except by an instrument in writing executed by each of the parties hereto. No oral modification shall be enforceable. 16 SEVERABILITY The provisions of this MOU shall be deemed independent and severable, and the invalidity, partial invalidity, or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability or any other provision herein. EFFECTIVE DATE This MOU is effective on the date stated in the first paragraph of this document. RECORDATION This MOU shall be filed with the Gallatin County Clerk and Recorder as required by Section 7-11-107, MCA. OTHER 1. Governing Law: the laws of the State of Montana will govern this agreement. Venue for litigation shall be brought in the District Court of the Eighteenth Judicial District, Gallatin COUNTY Montana. In case of conflict between the obligation imposed by this MOU and Montana law, then Montana law will control. 2. Modification and Amendment: This MOU may be modified or amended, in writing, by the mutual consent of the parties involved. 3. Termination: Both the CITY and The COUNTY agree to move in an efficient and expeditious manner toward development of the proposed PROJECT. Either party may terminate this agreement, and all obligations hereunder, with 30-day notice in writing to the other party of the intention to do so. This MOU consists of 4 pages. The original will be kept by the Gallatin County Clerk and Recorder. A copy of the original signed Agreement has the same force and effect as the original. GALLATIN COUNTY By: ___________________________ Date: ___________________________ Gallatin COUNTY Board of Commissioners CITY OF BOZEMAN, MONTANA By: ___________________________ Date: ___________________________ City Manager, City of Bozeman ___________________________ Approved for Legal Content 17