Design/Consultant Reimbursement Agreementt,
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DESIGN /CONSULTANT REIMBURSEMENT AGREEMENT
THIS AGREEMENT made and entered into on the 'Z- day of 1-NOC. 2014, by
and between the City of Blair, Nebraska (hereinafter referred to as "City"), and the Blair Public
Library Foundation (hereinafter referred to as "Foundation ").
WHEREAS, City and Foundation have agreed to proceed with the design of a new
library facility within the City of Blair, Nebraska.
WHEREAS, City and Foundation have agreed that Foundation shall finance the design
costs of the project until the completion of the bidding process.
WHEREAS, in anticipation of future design costs and requirements, City and Foundation
desire to proceed with the design of the new library facility under the terms and provisions set
forth hereinafter.
FOR VALUABLE CONSIDERATION, and the mutual covenants and promises herein,
the parties hereto agree as follows:
1. Consultant: City shall select the Library Consultant to be used in the design of the new
library facility. Upon execution of this Agreement, City will commence the retention of a Library
Consultant for the design work necessary for said library facility. Once the Services have been
initiated, City will give prompt notification of commencement to Foundation. In addition, all
decisions of suspension and /or termination should be made in consultation with Foundation. City - -- - --
will give prompt written notice to Foundation of any anticipated suspension or termination of the
services and the reasons thereof before such suspension or termination. City will not terminate
the Services without written approval by Foundation.
2. Consultant Fee: Foundation agrees to reimburse the City the cost of the Library
Consultant services based upon the Library Consultant Agreement. Foundation agrees to
reimburse the City the amount of each invoice received by City from the L'ib'rary Consultant for
Services rendered under the Library Consultant Agreement. Foundation agrees to reimburse the
City the total cost of each invoice within thirty (30) days after receipt of such invoice from City,
unless Foundation determines that an invoice should not be paid due to a breach by any party of
the Library Consultant Agreement entered into between the Library Consultant and City.
Foundation will not pay any additional fees, including but not limited to, late fees or interest
accrued as a result of late payment of invoices to the Library Consultant from City. In addition,
any change order under the Library Consultant Agreement must be approved by both City and
Foundation prior to any work proceeding under such change order.
Foundation reserves the right to withhold payments to such extent as may be necessary to
protect Foundation from loss caused by: (a) defective Services not remedied; (b) third party
claims; (c) failure of Library Consultant to make payments properly to consultants,
subcontractors or for material or labor; (d) reasonable doubt that the Services will be completed
in accordance with the Library Consultant Agreement or (e) disputed invoice sums.
If requested, City shall provide Foundation access to all records and accounts relating to
the Services for Foundation's review and audit. If as a result of any review or audit, the invoices
submitted are found to be in error, such error shall be promptly adjusted by City and Library
Consultant. Foundation shall be responsible for all costs of performing the audit unless Library
Consultant has overbilled City, or City has overbilled Foundation, in which case, Foundation will
not be responsible for the cost of the audit.
The reimbursement by Foundation as provided herein shall be credited against the
Foundation's minimum commitment to fund the new library project of two million five hundred
thousand dollars ($2,500,000).
3. Notice: Except as otherwise expressly provided in this Agreement, any notice, demand,
or other communication under this Agreement by any party to the other party shall be
sufficiently given or delivered if sent by registered or certified mail, postage prepaid, return
receipt requested; and
(a) in the case of Foundation, if mailed to:
Blair Public Library Foundation
P.O. Box 743
Blair, NE 68008
(b) in the case of City, if mailed or delivered personally to:
City of Blair
c/o City Administrator
218 S 16th Street
Blair, NE 68008
or at any such other address with respect to any such party as that party may, from time to time,
designate in writing and forward to the other party as provided for in this paragraph.
4. Law Governing: The parties agree that this Agreement shall be governed and construed
in accordance with the laws of the State of Nebraska.
Attest:
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Brenda R. Wheeler, City Clerk
CITY OF BLAIR, NEBRASKA
By
J e Realph, Mayor
2
BLAIR PUBLIC LIBRARY FOUNDATION
By:
Name:
Title: Py/S,i ,le-, —/ -