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HomeMy WebLinkAboutResolution No. R21-19RESOLUTION NO. R21-19 A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO SIGN A MEMORANDUM OF UNDERSTANDING WITH THE LAUREL LIONS CLUB AND LAUREL COMMUNITY FOUNDATION ACCEPTING DONATIONS FOR IMPROVEMENTS AT THE LAUREL LION'S FAMILY PARK. BE IT RESOLVED by the City Council of the City of Laurel, Montana, Section 1: Approval. The Memorandum of Understanding ("MOU") between the City of Laurel, Laurel Lions Club, and Laurel Community Foundation, a copy attached hereto and incorporated herein, is hereby approved. Section 2: Execution. The Mayor and the City Clerk of the City of Laurel are hereby given authority to execute the MOU on behalf of the City. Introduced at a regular meeting of the City Council on March 23, 2021, by Council Member Sparks. PASSED and APPROVED by the City Council of the City of Laurel this 23�d day of March 2021. APPROVED by the Mayor this 23`d day of March 2021. CITY OF LAU Thomas C. Nelson, Mayor A T: Bethanyg Clerk -Treasurer Approved as to form: Sam S. P n er, Civ ity Attorney R21-19 Approve MOU City of Laurel, Laurel Lions and Laurel Community Foundation The City of Laurel ("City"), Laurel Lions Club ("Lions Club"), and the Laurel Community Foundation ("Foundation") enter into this Memorandum of Understanding ("MOU") for the purpose of formalizing their mutual agreement to transfer funds from the Lions Club and Foundation to the City of Laurel for the purpose of providing financial assistance to the City for the on-going project located at the Laurel Lion's Family Park, located in Laurel, Montana. The project constitutes the design and construction of a fishing pier and trail improvements and hereinafter shall be referred to as "Project." WHEREAS, the City of Laurel applied for grant funds from the Montana Department of Justice, Natural Resource Damage Program ("MTDOJ") to be utilized for the planning, design and construction of an eligible restoration project as part of MTDOJ's settlement of a local oil spill; WHEREAS, the City entered into an agreement per City Council Resolution No. R20-68 with MTDOJ to construct a fishing pier and trail improvements at the Laurel Lion's Park as an eligible restoration project; WHEREAS, the Lions Club and Foundation collected donated funds through the Lions International and other local donors to provide as matching funds to the City to support the Project; and WHEREAS, in order to assist the City to pay for the engineering and construction of the Project it will be necessary to transfer both the Lions Club and Foundation's respective funds to the City to help pay for a portion of the overall Project; and WHEREAS, the City, Lions Club, and Foundation enter into this MOU to accomplish the transfer and payment of funds for the Project. International Grant Funds and to the City for the purpose of paying for expenses related to the project; and BASED on the recitals, the City, Lions Club, and foundation agree as follows: 1. The City will initially front the cost of engineering and construction for the Project so long as the Parties agree to utilize a competitive bid process and as a result of the bid process there are sufficient grant funds to pay for the Project. 2. If there are sufficient grant funds available to construct the Project, the City shall award the Project to the lowest responsible competitive bidder that is in the best interest of the Parties in order to proceed with the Project. 3. The City shall first utilize MTDOJ grant funds to pay for the construction. The City shall notify the Lion's Club and Foundation when the City's MTDOJ grant funds are spent. The Lions Club and Foundation agree to transfer their grant funds to the City to pay for the remaining construction to complete the Project within ten (10) business days of receiving notice from the City. 4. The Parties acknowledge and agree that if it appears the total amount of available grant funds are not sufficient to pay for the Project, the City may rebid, postpone or terminate the Project until sufficient funds are available to proceed with construction of the Project. Any delay in the Project may jeopardize the availability of the MTDOJ grant funds. Dated thisday of , 2021 City Mayor Dated this day of 52021 Laurel Lions C195Wesident Dated this day of '2021 Laur 1 Community Foundation