HomeMy WebLinkAbout11- Sculpture Park Memorandum of Agreement with City of BozemanMEMORANDUM OF AGREEMENT
In support of a proposed grant application to the Montana Department of Commerce, Tourisrn
Infrastructure Investment Program for the development of Bozeman Sculpture Park on City-
owned land adjacent to the Bozeman Public Library located at 626 East Main Street, Bozeman,
Montana.
Between:
City of Bozeman
Bozeman Sculpture Park
On December 1, 2009 the City of Bozeman (City), through the Bozeman Public Library (BPL),
and the Bozeman Sculpture Park (BSP) entered into a license agreement for use of public library
land for the purpose of establishing an outdoor sculpture park. In collaboration with BSP and
BPL, the City is preparing a grant proposal to Montana Department of Commerce (MDOC)
through the Tourism Infrastructure Investment Program (TIIP). The purpose of this grant is to
obtain funding for the acquisition of 2-3 sculptures, installation of 6-8 pads, upon which the
acquired future sculptures will be placed, and signage for the park to BSP. The proposed grant
application will request $50,000 in TIIP funds while BSP agrees to provide $25,000 in matching
funds; for a total project cost of $75,000.
If the proposed grant application is submitted and awarded, BSP and the City agree as follows:
I. BSP will provide $25,000 in matching funds consistent with funding agency
requirements for purposes described within the grant proposal. In the event MDOC
awards less than the $50,000 requested through TIIP and the City determines to accept
the amount offered BSPs match obligation may be reduced consistent with funding
agency requirements. In such event, the City and BSP will work together to reduce the
scope of work consistent with funds available,
2. BSP will retain ownership of sculptures acquired with project funds. However, in the
event BSP suspends operations or loses non-profit status, ownership of sculptures
acquired with project funds will transfer to the City.
3. The City agrees to maintain the grounds of BSP consistent with standard City policies
regarding maintenance of City-owned parks and recreation areas and will provide public
safety and law enforcement services at current levels for areas with similar uses.
4. The Board of Directors of BSP is fully responsible for selecting sculptures for display,
negotiating the price of sculptures selected for purchase, and maintaining the appearance
of sculptures placed on display using or supported by UP funds.
5. For any sculpture placed on City property where the owner of the sculpture is other than
BSP, BPL or the City, the owner shall maintain adequate property insurance coverage
and neither the City nor BSP shall be obligated to provide such coverage. For sculptures
owned by BSP, prior to installation the City shall add the sculpture to its property
coverage with the Montana Municipal Insurance Authority (MMIA) upon execution by
the parties of a bailment agreement.
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Signed this Day of 20_LL, by:
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City of Bozeman 01�,�-i6 J(Qkjl4k cil 1 0, V
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Bozeman Sculpture Park
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