HomeMy WebLinkAboutMemorandum of Understanding with Gallatin County for Construction of a Municipal Law Enforcement and Courts BuildingPage 1 of 4
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Chuck Winn, Assistant City Manager Ron Price, Chief of Police
SUBJECT: Law and Justice Center Memorandum of Understanding (MOU)
MEETING DATE: November 7, 2011 AGENDA ITEM TYPE: Action
RECOMMENDATION: Review draft MOU with Gallatin County and approve as written or
direct staff to make changes. BACKGROUND:
Previous Planning and Space Needs Studies.
The Bozeman Police Department first partnered with Gallatin County in 2004 for a facility and space needs assessment. The County contracted with Carter Goble Lee, (CGL), a leading public facility design specialist. The goal of this first study was to prepare a capital projects plan for
short, mid, and long range periods which included all County court and law enforcement space
and facilities needs. This partnership resulted in a final study which was presented in November
2006. The City Commission's 2005 goals included the completion of a facility and staffing plan. To
that end, in October 2006, the City retained the services of CGL to also conduct a 20 year best
practices space and facilities needs assessment specific to the Bozeman Police Department. In
January 2007, we amended the scope of services to include a Municipal Court Facility plan. A final report entitled Bozeman Police and Municipal Court Needs Assessment and Facilities Plan was presented in June 2007. Representatives from CGL presented their results to the Bozeman
City Commission and the report was subsequently adopted.
In 2008, the City contracted with Dowling Sandholm Architects to identify options to construct a standalone municipal courts and police building on the Law and Justice Center site. The report identified a 2.73 acre site on the southwest corner of the property for the building and secure
parking areas. The County’s Capital Improvement Plan (CIP) Committee indicated they were
not in favor of the proposal based on the location of the building and parking areas on the
property and their desire to look at the entire site in relation to future growth and construction.
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Current Master Planning Effort.
In May 2010, we began participation in the County's new effort to master plan the Law and
Justice Center site. Our involvement in the process included participation in meetings with the
County's consultants, a review of our current and future space needs assumptions, and discussions with the County's CIP committee. Members of the City's team included, at various
times during the process, the Police Chief, Municipal Court Judge, the City Attorney and the
Assistant City Manager. The planning efforts focused on the site locations of the City and
County's criminal justice functions. These functions include District, Justice, and Municipal
Courts, the County Sheriff, and City Police Departments. Significant time was also spent analyzing the potential co-location of functions to maximize operational efficiencies and
construction cost savings while improving the public's ability to utilize criminal justice services.
It is important to note that this latest effort by Prugh and Lenon reaffirmed the conclusions
contained in previous staffing and space need studies conducted by Carter Goble Lee in 2007.
On March 21, 2011, Prugh and Lenon Architects presented the draft master plan to the City
Commission and answered questions.
On April 11, 2011 we had a work session with the City Commission where we discussed our
participation to date and sought direction from the Commission as we proceeded. During the meeting we received the following direction;
• Focus on the needs of the municipal court and city police department and our ability to
meet those needs independent of what the county may, or may not do, with respect to
timing of their facilities.
• Identify potential operational efficiencies and cost savings related to timing of
construction and physical building layouts and consider those as we proceed.
• Ensure all future agreements and partnerships provide the City with acceptable control
over its facilities and future growth.
Subsequent to the April Commission discussion, City staff worked with the County Attorney's
Office and the County CIP Committee to draft an MOU agreeable to both parties. The Master
plan and a draft MOU (Attachment #1) was adopted and approved by the County Commission
on August 23, 2011.
Since the County's adoption we've continued our internal discussions and have identified several
language additions and clarifications we believe will more clearly define the needs of the
Municipal Courts and Police Department as we move toward agreement with the County. Our
suggested language is shown in red and underlined in Attachment #2.
Challenges with the Current Facility.
Presently, the Bozeman Police Department consists of an authorized force of 65 sworn officers
and 5.25 non-sworn clerical staff operating out of 4,300 square feet at the Law and Justice Center
and 1,200 square feet at the downtown substation (30 North Rouse). Additionally, the department has a fleet maintenance technician working out of the City's vehicle maintenance
facility and shares an evidence technician with the County.
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In the body of the CGL report, Bozeman Police and Municipal Court Needs Assessment and
Facilities Plan, noted space deficiencies for the police department included:
• Lack of private offices for investigatory functions.
• No conferencing areas.
• Too small work stations.
• Inadequate evidence storage.
• Inadequate property storage.
• Inadequate general storage area.
• Inadequate crime lab with vehicle processing bay/garage.
• Inadequate interview rooms.
• No holding cells.
• No patrol mustering/roll call area.
• No fitness area.
• No training area.
• No staff services area.
Space deficiencies for the Municipal Court were found to include:
• Courtroom too small for operation (overflow to lobby).
• No expansion area for another court (this has been addressed through the addition of leased space for a second court).
• No conferencing areas.
• No mediation area.
• No secure corridor for Judge to office and courtroom.
• Jury Room not within security corridor.
• No holding cells.
The Court also reports that:
• The current building has insufficient file storage space.
• The current building lacks security measures.
• The overall condition of the building is unsafe.
• The current building lacks any expansion space for staff workstations.
• The current space is well below the current minimum space needed for the Courts and far below the projected minimum space needs (8,807 square feet).
The report also concluded that the site lacks adequate parking for public and staff and secure
areas for judicial and law enforcement personnel. The current site also does not provide secure and protected parking for the police department’s patrol and detective vehicles.
UNRESOLVED ISSUES: City Commission approval of an MOU different from Attachment
#1 will require that we go back before the County Commission for their review and approval.
ALTERNATIVES: If we are unable to reach agreement with the County to build on the L&J site, our recommendation to the City Commission would be to look for another site and begin the
design process for that site away from the L&J.
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FISCAL EFFECTS: None at this time. Items contained in the City CIP include funding to
begin the design and constructability phase using the construction manager at risk (CMAR)
model. Presently we have proposed $500,000 in each of FY13 and FY14, for the design, and
$17,992,000 in FY15 for construction. Funding for construction is anticipated to come through a voted bond issue.
ALTERNATIVES: As suggested by the City Commission.
Attachments: Attachment #1 (Draft MOU Approved by County)
Attachment #2 (Draft MOU with Staff's suggested changes) Process flowchart
Report compiled on: October 19, 2011
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MEMORANDUM OF UNDERSTANDING
Gallatin County and the City of Bozeman Improvements to Law & Justice Campus
Co-Location of Law Enforcement and Courts
Memorandum of Understanding (MOU) is made and entered into on this 23rd day of
August, 2011, by and between Gallatin County, Montana a general powers political subdivision
of the State of Montana, hereinafter referred to as “County,” and the City of Bozeman, a self-
governing charter government and political subdivision of the State of Montana, herein the
“City” and jointly the “parties” herein.
Whereas, the purpose of this MOU is to memorialize the parties’ intent to cooperate on
a basis of mutual advantage by agreeing to make coordinated improvements to the Law &
Justice Campus, 615 South 16th St, Bozeman, MT for co-location of law enforcement and
courthouse buildings, infrastructure, parking, and facilities consistent with the Prugh & Lenon
Master Plan or such other plans that the parties may mutually agree upon; and
Whereas, the parties have previously worked in successful partnership developing the
County 911 Dispatch Center and Bozeman Fire Department Station No. 3, co-located at 1705
Vaquero Parkway, Bozeman, MT 59718; under a certain condominium agreement; and
Whereas, the parties agree that there are certain benefits in making improvements on
a coordinated basis to the Law & Justice Campus and that it is mutually beneficial to both
parties and the public if the City’s Law and Justice facilities and operations are located on the
Law and Justice Campus; and
Whereas, the parties have invested approximately $100,000 in developing a needs
assessment and Master Plan with Prugh & Lenon Architects PC, 27 E Main St, Bozeman, MT
59715; and
Whereas, the City has adopted its FY11 – FY16 Capital Improvement Plan, and in that
plan has identified $500,000 for the Fiscal Year 2013, and an additional amount of $500,000 for
the Fiscal Year 2014 for the design of a new City Police Station; and
Whereas, the County in FY12 has identified potential funding in the amount of $50,000
regarding the Master Plan; and
BASED ON THE FOREGOING, THE PARTIES AGREE AS FOLLOWS:
Building: means the law enforcement building or the courthouse building shown on the Master
Plan or together referred to as buildings.
Definitions
Co-Location: means a building in which the City and County share space, facilities, equipment,
machinery, utilities and infrastructure.
Attachment #1
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Develop, Development or Developing: means plans, designs, engineering, improvements,
construction, buildings, infrastructure, utilities, fixtures, and facilities and the hiring of
architects, engineers, surveyors, contractors or other persons or professionals for the purpose
of development consistent with the Master Plan.
Master Plan: means the Master Plan documents and Needs Assessment by Prugh & Lenon
Architects approved and accepted by the County Commission on August 23, 2011, at a duly
noticed public meeting, and incorporated by reference as Exhibit A.
Proportional Reimbursement: means the costs and expenses shared based on square
footage of completed improvements, buildings, facilities and parking areas, or other standard
measurement of utilities, services, equipment or machinery. No party shall make any claim for
proportional reimbursement and no party shall be obligated to the other for proportional
reimbursement unless the costs and expenses were incurred with the express written approval
and authorization of the other party in advance.
1. Cooperation.
2.
The parties agree that development of joint and/or individual facilities
at the Law & Justice Center shall be by mutual agreement and cooperation based on the Master
Plan. The parties agree that the Master Plan was arrived at after considerable expense, and
that deviation from the Master Plan may cause the other party considerable expense, costs and
delays. Prior to either party constructing a facility or building on the property, the parties shall
enter into a separate written agreement regarding the development.
City Development Before County or vice versa
3.
. The parties agree that either party
may have the need and resources to construct a building separate from the other that makes
phased construction desirable. Nothing herein shall prohibit either party from developing a
building(s) or facility or a portion thereof on the property before the other party is prepared or
financially ready to engage or participate in such development provided that development is
consistent with the master plan. The City’s development shall not prejudice or unreasonably
interfere with the County’s ability to obtain financing or otherwise develop consistent with the
Master Plan. The City proposing or passing a mill levy for construction of a building does not
violate this agreement. If the City develops a building(s) or facility or a portion of the property
before the County, the City shall bear all costs and expenses of development for its building or
facility.
Proportionate Reimbursement of Development Costs
4.
. Notwithstanding section 2,
above, the parties may agree on how to share costs and expenses based on the size of the
building, facility, infrastructure, improvements, machinery, equipment or parking area and the
party’s use, share, occupancy, square footage, or other accepted standardized measure,
method or means.
Condominium Plan. The parties agree that the condominium plan regarding the co-
location of the County 911 Dispatch Center and Bozeman Fire Department Station No. 3 is a
successful ownership model and that the parties shall work in good faith to create an agreeable
condominium plan regarding the development of the Master Plan.
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5. Term
6.
. This Agreement shall automatically terminate TEN (10) YEARS from the date
of execution, unless sooner terminated by agreement on THIRTY (30) DAYS written notice to
the other.
Insurance.
7.
Should either party proceed with the development of a building or
facility, that he party shall maintain adequate liability, comprehensive casualty and loss, and
builder’s risk or construction risk insurance naming the other as an insured on a primary non-
contributory basis, and each party shall require any contractors to likewise be adequately
insured for the purposes herein. The parties may enter into a separate agreement detailing
these responsibilities.
Miscellaneous
A. This memorandum of understanding does not create any separate legal entity.
.
B. The County shall be responsible for filing an executed copy of this Agreement with
the Gallatin County Clerk and Recorder and provide a copy of the recorded
document to the Bozeman City Clerk.
C. Modifications shall only be made in writing and executed by Gallatin County and City
of Bozeman.
Dated this 23rd day of August, 2011. Dated this day of _______, 2011.
Gallatin County County Commissioners
City of Bozeman
___________________________
William A. Murdock, Chairman
______________________
Jeff Krauss, Mayor
Attest:
____________________________
Charlotte Mills, Clerk & Recorder
Attest:
________________________
Stacey Ulmen, City Clerk
Approved as to form
_____________________________________
James Greenbaum, Deputy County Attorney
Approved as to form
_______________________
Greg Sullivan, City Attorney
104
MEMORANDUM OF UNDERSTANDING
Gallatin County and the City of Bozeman Improvements to Law & Justice Campus
Co-Location of Law Enforcement and Courts
Memorandum of Understanding (MOU) is made and entered into on this 23rd XX day of
AugustNovember, 2011, by and between Gallatin County, Montana a general powers political
subdivision of the State of Montana, hereinafter referred to as “County,” and the City of
Bozeman, a self-governing charter government and political subdivision of the State of
Montana, herein the “City” and jointly the “parties” herein.
Whereas, the purpose of this MOU is to memorialize the parties’ intent to cooperate on
a basis of mutual advantage by agreeing to make coordinated improvements to the Law &
Justice Campus, 615 South 16th St, Bozeman, MT for co-location of law enforcement and
courthouse buildings, infrastructure, parking, and facilities consistent with the Prugh & Lenon
Master Plan or such other plans that the parties may mutually agree upon; and
Whereas, the parties have previously worked in successful partnership developing the
County 911 Dispatch Center and Bozeman Fire Department Station No. 3, co-located at 1705
Vaquero Parkway, Bozeman, MT 59718; under a certain condominium agreement; and
Whereas, the parties agree that there are may be certain benefits in making
improvements on a coordinated basis to the Law & Justice Campus and that it is mutually
beneficial to both parties and the public if the City’s Law and Justice facilities and operations are
located on the Law and Justice Campus; and
Whereas, the parties have invested approximately $100,000 in developing a needs
assessment and Master Plan with Prugh & Lenon Architects PC, 27 E Main St, Bozeman, MT
59715; and
Whereas, the City has adopted its FY11 – FY16 Capital Improvement Plan, and in that
plan has identified $500,000 for the Fiscal Year 2013, and an additional amount of $500,000 for
the Fiscal Year 2014 for the design of a new City Police Station that may include space for
Municipal Courts; and
Whereas, the County in FY12 has identified potential funding in the amount of $50,000
regarding the Master Plan; and
BASED ON THE FOREGOING, THE PARTIES AGREE AS FOLLOWS:
Building: means the law enforcement building or the courthouse building shown on the Master
Plan or together referred to as buildings. Depending on the timing of the County Courts
building, the City may choose to include space in its police station for its Municipal Courts as an
interim solution to its Courts space needs.
Definitions
Attachment #2
105
Co-Location: means a building in which the City and County may share space, facilities,
equipment, machinery, utilities and infrastructure.
Develop, Development or Developing: means plans, designs, engineering, improvements,
construction, buildings, infrastructure, utilities, fixtures, and facilities and the hiring of
architects, engineers, surveyors, contractors or other persons or professionals for the purpose
of development consistent with the Master Plan.
Master Plan: means the Master Plan documents and Needs Assessment by Prugh & Lenon
Architects approved and accepted by the County Commission on August 23, 2011, at a duly
noticed public meeting, and incorporated by reference as Exhibit A.
Proportional Reimbursement: means the costs and expenses shared based on square
footage of completed improvements, buildings, facilities and parking areas, or other standard
measurement of utilities, services, equipment or machinery. No party shall make any claim for
proportional reimbursement and no party shall be obligated to the other for proportional
reimbursement unless the costs and expenses were incurred with the express written approval
and authorization of the other party in advance.
1. Cooperation.
2.
The parties agree that development of joint and/or individual facilities
at the Law & Justice Center shall be by mutual agreement and cooperation based on the Master
Plan. The parties agree that the Master Plan was arrived at after considerable expense, and
that deviation from the Master Plan may cause the other party considerable expense, costs and
delays. Prior to either party constructing a facility or building on the property, the parties shall
enter into a separate written agreement regarding the development.
City Development Before County or vice versa
3.
. The parties agree that either party
may have the need and resources to construct a building separate from the other that makes
phased construction desirable. Nothing herein shall prohibit either party from developing a
building(s) or facility or a portion thereof on the property before the other party is prepared or
financially ready to engage or participate in such development provided that development is
consistent with the master plan. The City’s development shall not prejudice or unreasonably
interfere with the County’s ability to obtain financing or otherwise develop consistent with the
Master Plan. The City proposing or passing a mill levy for construction of a building does not
violate this agreement. If the City develops a building(s) or facility or a portion of the property
before the County, the City shall bear all costs and expenses of development for its building or
facility.
Proportionate Reimbursement of Development Costs
4.
. Notwithstanding section 2,
above, the parties may agree on how to share costs and expenses based on the size of the
building, facility, infrastructure, improvements, machinery, equipment or parking area and the
party’s use, share, occupancy, square footage, or other accepted standardized measure,
method or means.
Condominium Plan. The parties agree that the condominium plan regarding the co-
location of the County 911 Dispatch Center and Bozeman Fire Department Station No. 3 is a
106
successful ownership model and that the parties shall work in good faith to create an agreeable
condominium plan regarding the development of the Master Plan.
5. Term
6.
. This Agreement shall automatically terminate TEN (10) YEARS from the date
of execution, unless sooner terminated by agreement on THIRTY (30) DAYS written notice to
the other.
Insurance.
7.
Should either party proceed with the development of a building or
facility, that he party shall maintain adequate liability, comprehensive casualty and loss, and
builder’s risk or construction risk insurance naming the other as an insured on a primary non-
contributory basis, and each party shall require any contractors to likewise be adequately
insured for the purposes herein. The parties may enter into a separate agreement detailing
these responsibilities.
Miscellaneous
A. This memorandum of understanding does not create any separate legal entity.
.
B. The County shall be responsible for filing an executed copy of this Agreement with
the Gallatin County Clerk and Recorder and provide a copy of the recorded
document to the Bozeman City Clerk.
C. Modifications shall only be made in writing and executed by Gallatin County and City
of Bozeman.
Dated this 23rd XX day of_f August_________, 2011. Dated this XX dadayy of ___________, 2011.
Gallatin County
County Commissioners
City of Bozeman
___________________________
William A. Murdock, Chairman
______________________
Jeff Krauss, Mayor
Attest:
____________________________
Charlotte Mills, Clerk & Recorder
Attest:
________________________
Stacey Ulmen, City Clerk
Approved as to form
_____________________________________ James Greenbaum, Deputy County Attorney
Approved as to form
_______________________ Greg Sullivan, City Attorney
107
Memorandum of
Understanding
November 2011
•Idenfies Site for Police Court Facility
•City Approval
November 2011
•County
Approval
City CIP Process
December 2011
•Budget
Approval for
Preliminary Design
•500K FY13
•500K FY14
Design/Construction Agreement
July 2012
•Joint Project?
•RFP
Construction
Manager at Risk
•Survey and
Appraisal
•Construction Agreement
Bond
•Public
Education
•Vote
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