Loading...
HomeMy WebLinkAbout15- Gallatin County and City of Bozeman Memorandum of Agreement for the Preliminsary Development of Law and Justice Center SiteMEMORANDUM OF AGREEMENT PRELIMINARY DEVELOPMENT OF LAW AND JUSTICE CENTER SITE THIS AGREEMENT made this day of 2015 by and between: GALLATIN COUNTY, MONTANA (COUNTY), 311 West Main Street, Bozeman, MT 59715; and 59715. THE CITY OF BOZEMAN, MONTANA (CITY), 121 N Rouse, Bozeman, MT RECITALS: WHEREAS, it is in the mutual interest of the COUNTY and CITY to pursue the possibilities of joint use of the Law and Justice Center Campus; WHEREAS, both the CITY and COUNTY have resolved to adopt the recommendations of a joint City -County committee established to explore improvements on the Law and Justice Center Campus in Bozeman (L and J) on July 13 and 14, 2015 respectively; WHEREAS, amongst the recommendations is a working group be established which creates project timelines and solicitation of proposals from design and construction professionals; WHEREAS, the COUNTY and CITY have established a goal to consider financing resolutions to place before voters for the further development of improvement of the L and J no later than July 1, 2016; WHEREAS, in order to meet the July 1, 2016 goal, the COUNTY and the CITY need to immediately agree on the parameters of how the design and construction professionals will be chosen, contracted and paid in order to establish reasonable costs of development of the L and J; and WHEREAS, the COUNTY and the CITY also need to immediately agree on the documentation that will provide the basis of the design and planning of the joint improvements to the L and J. NOW, THEREFORE based on mutual consideration it is understood and agreed that the above recitals are true and correct and as follows: 1. Project Description. The "Project" means the mutual development of the L and J consistent with the "Campus Master Plan, Gallatin County Law and Justice Center," prepared by Prugh and Lennon Architects ("Master Plan'). The COUNTY and CITY acknowledge that the schematic design and design development may necessitate alteration of the Master Plan. 2. Reservation of Project Site. Upon execution of this Agreement, COUNTY shall reserve and set aside those areas of the L and J identified in the Master Plan as the location of the Project. Such areas of the L and J will not be further developed or improved by the County nor allocated to any purpose(s) or use(s) other than the present purpose(s) or use(s) during the term of this Agreement except by mutual agreement of the Parties. 3. Joint Project. COUNTY and CITY agree that they shall jointly develop a schematic design, conduct design development and create preliminary cost estimates consistent with the Master Plan and other documents as set forth below based on the following process: 3.1 Both COUNTY and CITY shall appoint three persons each who shall act as the committee for both the selection and contracting of design and construction professionals. The committee shall make a recommendation to both the COUNTY and CITY Commissions for contracts with each of the design and construction professionals. 3.2 Both COUNTY and CITY shall appoint three persons to act as a committee to represent both the COUNTY and CITY as the exclusive representative of the Owner (as defined in the respective contracts) in contracts with both the design and construction professionals creating schematic design, design development and preliminary estimates of cost for the Project. COUNTY and CITY are not required to appoint the same persons to this committee as were appointed to the committee in Paragraph 3.1. 3.3 The COUNTY shall provide the most up to date copies of the following documents to the design and construction professionals in order for each to accomplish its scope of work: 3.3.1 Law and Justice Center Campus Master Plan including Needs Assessment and any amendments thereto. 3.4 The CITY shall provide the most up to date copies of the following documents to the design and construction professionals in order for each to accomplish its scope of work: 3.4.1 Rouse Justice Center project documents. 3.5 COUNTY and CITY acknowledge that an additional written agreement is necessary to further define the responsibilities and obligations of each including the structure of land ownership, future payment for services and funding mechanisms for the Project. 4. Payments. Payments for costs, fees and charges attributable to schematic design and design development shall be shared in proportion to each Party's use and the estimated square footage of proposed structures defined in the schematic design process, as follows: 4.1 Costs, fees and charges attributable to space proposed to be used solely by the City will be paid by the City; 4.2 Costs, fees and charges attributable to space proposed to be used solely by the County will be paid by the County; and 4.3 Costs, fees and charges attributable to space proposed to be used jointly by the City and County will be shared equally. Design and construction professionals selected by the City and County will provide invoices showing the joint cost and the Party's proportional share for separate payment processing by the Parties. 5. Term. This Agreement will automatically terminate upon execution of the separate written agreement between the parties referenced in section 3.5, or earlier upon thirty (30) days' written notice to the other party. 6. Notice. Any notice required or given under this Agreement shall be made by certified mail or personal delivery to the following: To COUNTY: To CITY: Jim Doar Chris A. Kukulski Gallatin County Administrator City Manager 311 W. Main 121 N Rouse, Bozeman, MT 59715 Bozeman, MT 59715 7. Bindina Effect: Amendment. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. This Agreement shall be amended or modified only as expressly provided in a writing signed by the party against which enforcement of such amendment or modification is sought. 8. Exhibits And Recitals. The various exhibits appended to this Agreement and the opening recitals herein are incorporated herein and for all purposes are a part of this Agreement. 9. 'Cations. The captions or headings placed upon sections of this Agreement are for convenience only, do not constitute a part of this Agreement, and shall not limit or affect in any way the interpretation or construction of this Agreement. 10. Severability. If any part of this agreement shall be found to be invalid or unenforceable, such finding shall not affect the validity or enforceability of any other provisions hereof which can be given effect in the absence of the parts determined to be invalid or unenforceable. 11. Governing Law. All matters relating to the making, enforcement and performance of this Agreement shall be governed by the internal laws of the State of Montana. 12. Counternarts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original and all of which shall constitute one and the same Agreement. 13. This Agreement does not create any separate legal entity. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and delivered as of the day and year first above written. GA INPUNTY, MO - R. Stepfien White Chairman Board of County Commissioners ATTEST: Charlotte Mills, Clerk and Recorder CITY OF BOZEM N MONTANA Chris A. Kukulski, City Manager < ATTEST: ) ♦ > z, f "0 " J 1 � S= cy n C ty erk Cr 6 4 u L p, l CO,