HomeMy WebLinkAbout13- MT Dept. of Natural Resources, City and Prospera for Big Sky Trust Fund Grant management, North Park Properties MEMORANDUM UNDERSTANDING
PURPOSE:
This Memorandum of Understanding (MOU) is entered into the date of last signature set out
herein below by and between the Montana Department of Natut•al Resources, whose address
is P.O. Box 201601, Helena, MT 59620-1601 (hereinafter referred to as"DNRC"), the City of
Bozeman, whose address is P.O. Box 1230, Bozeman, MT 59771 (hereinafter referred to as
"City") and Prospera Business Network, (formerly known as the Gallatin Development
Corporation, a non-profit corporation)whose address is 2015 Charlotte Street, Suite 1, Bozeman,
MT 59718 (hereinafter referred to as "Prospera")
The specific purposes of this MOU are to:
I, Enable Prospera to manage the Pig Sky Trust Fund grant that was issued to fund the
preparation of Preliminary Engineering Deport (PER)to examine the development
of the North Park Properties ill Bozeman, Montana, for the benefit of both DNRC
and the City.
20 Define the obligations and cooperative roles of the parties to this MOU in the
development of the PER for the North Park Properties.
3. Plan for a cooperative funding budget for preparation of the PER.
4. Authorize both ONRC and the City to utilize the completed PER and own rights in
the data gathered by the PER
PROJECT INFORMATIOM
The parties herein seek to produce a PER for the North Park Properties, an Un-developed tract of
land on the north of the City of Bozeman. This PER shall identify the contributilIg service area
that may be served by the indicated utilities and roadway and roadway connections for the
proposed phased development. With the defined service area, population and building
projections must be estimated for a planning horizon defined by the City and the DNRC. Water
demand and wastewater flows must be estimated, contributing stormwater basins identified, and
roadway projections calculated based upon the development projections along with the UEQ and
City approved design values and standards. All work must coordinated with City's Engineering
and Planning Divisions, along with MRE and MDoT and other public and private entities as
appropriate.
DNRC AND THE CITY AGREE TO:
l. A project budget whereby they will contribute no more than $12,500, each,to this
project.
2. Review and approve anticipated contract award amounts prior to Prospera awarding a
contract to a third-party contractor, which shall produce the PER.
3. Provide input, data and review at each preparation stage of the PER.
4. Accept and pay invoices submitted from Prospera as a cooperative agent of the
parties, subject to the fiscal limitations and terms and conditions of this MOU set out
herein.
5. Notify Prospera at the earliest possible time of any foreseeable changes to the status
or availability of project funding. It is understood and agreed that all payments
described herein are subject to their availability by legislative appropriation and all
the terns and condition of this MOU.
PROSPERA AGREES TO:
I. Administer all required contracts as the agent of the parties associated with the
project.
2. Provide oversight to ensure the project is completed according to the PER standards.
3. Provide DNRC and the City with all project contracts and invoices, if requested.
4. Deliver a completed PER to State of Montana Department of Commerce, State of
Montana DNRC, and the City of Bozeman at the completion of this project.
ALL PARTIES AGREE THAT:
1. IMPLEMENTATION. Contactor selection has been implemented through an open
RFP process to comply with applicable State of Montana and City of Bozeman
procurement laws.
2. RIGHT TO KNOW. Any information furnished under this instrument is subject to
Montana's right to know provision found at Article 2, Section 9 of the 1972 Montana
Constitution, and this provision's implementing legislation found in Title 2, Chapter 6 of
the Montana Code Annotated.
3. MODIFICATION. Modifications within the scope of the instrument shall be made by
mutual consent of the parties, by the issuance of a written modification, signed and dated
by all parties,prior to any changes being performed.
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4. COMMENCEMENT/EXPIRATION DATE. The instrument is executed as of the
date of the last signature and is effective through calendar year 2013 at which time it will
expire unless extended in writing.
5. TERMINATION. Either party may terminate the instrument in whole or in part at any
time before the date of expiration by giving 30 days written notice to the other party. No
party shall incur any new obligations for the terminated portion of the instrument after the
effective date and shall cancel as many obligations as possible. Full credit shall be
allowed for each Party's expenses and all non-cancelable obligations properly incurred
Lip to the effective date of termination.
6. PRINCIPAL CONTACTS, The principal contacts for this instrument area
DNRC Contact Pros era.Project Contact
Craig Campbell Stuart L,eidner
2273 Boothill Ct.,4110 2015 Charlotte Street Suite I
Bozeman, MT 59715 Bozeman, MT 5971
Phone: Phone: 406-587-3 13
FAX: FAX:
E-Mail: _ E-Mail:
sleidner pprosperabusiriessnetwor°k.org
City of Bozeman Contact
Brit Fontenot
1� I , o�
Phone: qc G f ci t 3
FAX: e _
E-Mail: n +v
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THE PARTIES HERE TO have executed this instrument:
MONTANA DEPARTMENT OF NATURAL
RESOURCES AND CONSERVATION
Date: 4&0 By: a 12 ,its,QFAZESTAI`,BU,�EAvGfflGY
THE CITY OF BOZEMAN
Date: Q25-113 ct
By. A 1 1 , its
PROSPERA BUS SS NETWORK
Date:June 12, 2013
By: Stuart R. Lei i r, its Executive Director
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