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HomeMy WebLinkAboutDowntown Association of fresno DBA Downtown Fresno Partnership - MOU reguarding maintenance of Fulton Mall ArtworkprynFFPEENn • • (py pyx'9enkc(Ouylrep .--, MEMORANDUM OF D14DERSI'ANDING BETWEEN CITY OF FRESNO AND THE DOWNTOWN ASSOCIATION REGARDING MAINTENANCE OF FUTON MALL ARTWORK This MEMORANDUM _OF UNDERSTANDING (hereinafter "MOU") is made and entered into this day of J�jj��..�� 2009, by and hetween the CTCY OF FRESNO, a wieipal corporation (hereinafte1 :tcrnd to as "CITY"6 and the DOWNTOWN ASSOCIATION OF FRESNO, OTA (hereinafter referred to as "ASSOCIATION'). RECITALS WHEREAS, CITY and ASSOCIATION desire to cooperate in the cleaning, restoration and maintenance 0fthe anwork on the Fulton Mall (the "PROJECT"} and WHEREAS, ASSOCIATION wishes on Lire a consWtant to perfona the work necessary to complete the PROJECT, and WHEREAS, CITY and ASSOCIATION wish to share the cost of the PROJECT pursuant to the terms set forth in this MOU. AGREEMENT NOW, THEREFORE, CITY and ASSOCIATJON evidence thetr hatch, m work eoula radvely in pursuit of the PROJECT as follows: ARTICLE ROLES AND CONTRIB OTIONS OF THE PARTIES A. ASSOCIATION I. ASSOCIATION shall enter into and administer a contract with a consultant to complete the PROJECT (the "CONTRACT). 2. ASSOCIATION will accept CITY's contribution and wB1 use it to satisfy the amowt of the CONTRACT. 3. ASSOCIATION wil I any the balance of the amount owed under the CONTRACT other applying CITY's contribution. B. CITY I. Within thirty (30) days of receipt of invoice. CITY shall pay wmw aot not 10 nceel Five Thousand Six Hundred Forty Five Dollam and an cents ($5,465.00) towards the CONTRACT, provided that CITY's obligations shell be Em@ed to allocated and available foods in each CITY fiscal year. • 0 ARTICLE R GENERAL TERMS AND CONDITIONS I. in pursuit of this MOU the parties shall act in an independent capacity and not as an odcer. agent, summit. employee,joint venturer. pioneer, or associate of the other party. Each Party shall retain the right to administer this MOU so as to. verify that the other party is Performing its respective obligations in arcomance with the terms and conditions hereof. Each party shall comply with all applicable provisions of law and the rules and regulations. if any, of govemmenfal authorities havingjumaliction over the subject matters herein. 2. Each party shall indemnify, hold harmless and defend the others and each of them inc tofim respective officers, officials, employees, agents and volwteem from any and all loss, liability, tines, penalties, forfeitures, costs and damages (whether in counsel, tort or strict liability, including but not limited m personal injury, death at any time and property damage) incurred thereby, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigazion expanses), arising directly or indirectly from the negligent or intentional acts or omissions in the performance of this MOU. This section shall survive termination or expiration of this MDU. 3. It is understood and agreed that each panty rndamitw insurance policies or self. insurance programs to fwd its liability under this MOST. The patties agree that such respective program or poliev coverage for workers compensmionshall contain a waiver of subrogation as to the other parties and each of their m latelive officers, officials, agents, employees and volunteers. Evidence of boamuce, Ccuficam of lasumnce or other similar docummmtion shall not be required coder his MOU unless expressly requested in writing. 4. If either party is required m commence any proceeding or legal action to enforce or interpret any more, covenant or condition of this MOU, expenses. the prevailing party in such proceeding or action said be moided to recover from the other party is reasonable aaomey's fees and legal 5. In the event of any conflict between the body of this MOU and any exhibit or emolument hereto, the terms and conditions of the body of this MOU shall natural and rake precedence over the terms and conditions expressed within the exhibit or attachment. 6. Each party acknowledges that they have read and fully understand the contents of this MDG. This MOU represents the cadre and integrated agreement betwcen the parties with respect to the subject mamm h ssof and supersedes all prior negodmions, represmadams or agreements, either written or oma. ]. ]his MOU shelf he in effect upon its laid execution by the parties through the complete rendition of PROJECT services and acceptance of all PROJECT deliverables by each of the paries hereunder. S. This MOU may be modified only by women instrument duly authorized and executed by all the parties. • • IN WITNESS WFIEREOF, the Parties have cxecuted Nis MOIL a Fresno, California, the day and year first written above. CITY OF FRESNO, FRESNO DOWNTOWN ASSOCIATION a municipal coryoretion sy� Rendall L Cc per Tide: Director—City PR@CS ATTEST: REBECCA E. KLISCH City Clerk Bye Deputy 7 TIOq APPROVED AS TO FORM: IAMES C S NCHEZ City A ey By: Deputy. len Minami Tide Execmive Dirccmr • 0 Mark Rodriguez - Studio 1939 Frdno Street, Fresno Cgi forma 93921 889 9881902 morkma riguea.net markQmnrkrodrigueanet City of Fresno Puke, Recreation and enmmanity services City Rall Anne, 2326 Fresno Strecp Room IOI Fresno, Ca. 93M-1821 ART MAWANCE PROGRAM INTRODUCTION. Frostily eaa bmvve 81ows red cr gold, then graduaay develops a sat" patron ,fdesp bmwa, black or green over its suffice. Padnss, huwevm, need umbo taetmal; for centuries, motel workers Have introduced areficiel,Pamas e d not lien or ot); flu, title. It Wese mfiLciel pntivas tlmt offer rbc groat variety of coloration possible with SOOM. A Padua fire Win layer did forms on Use Surface of metal after it is exposed in We air or . buried N the gmuvd.Pauvss one emateel wheta variouseumpouvdeiaWeenvimmirno- Bases, water vapor, and azides—read wiih,Wo MI to font/ acids, which in own anaet with. din usual. DjHerem environmems,,cate Puritans of different colors on a metal, depending an We eancetatretians of Wa activechemicals oust are present. FULTON MALL ART. mi Throve uirrot re on Pultoe.Mall.Arempn rade PaiM Artist produced, aux tcred. untag rhe cirtrentr itoretion prgje CIMWCAL LIST. Qdm 'atm) aversotibjpsrgtmP 350. ZQO+ . ChMeOlaused for resldratiph avtl melntonnapatigtam Farjcalande . e'Over bfeu)f9r � - .. (Noce)A/R�'�dissidents 9sed our restvratioo andmvntedee must bnappfoved by Wdii[y of . Fresno.(6fetaiab la,ave been approved,) Esh)blF A-.1 Mark Rodriguez Shaun 1939 Fresno street, Fresno CaBfemia 939E 5594851902 marlw4driguea.net - markptnerkeedligumnet MAMTANCE PROGRAM. • Wash scWpaw ouantbas all oxidaaonand wrrusioa • Repa"Patine using, best, nhemicals(IfNaedea. note) Renoir, La Grand Lowest. Ofigatal patina Only heat has hose used m bum of giatrti (now) Peter VoWes, Rig A. Do not use beast I chemicals. Leaguer flown. • Apply Carnauba base wax blended with pigment for indimloot sculpaues. Polish. PROFPMC G' FHEPATINAONTREABT. When public ut is left uvinnteomd it will be affected by mairamse anal 9herawels In the air,jast 0 bronew than are. The nbon anni at. in uebm air cause an unproteutad Piece W tum Colors and emote. Outdomert eeguhes Clearing, waxing, Inane ayne, it is ciidoal m meimniq "'no it is unownetn3 firm the Publie herds. {PROBLEMS, Omffitt,: 8ude spill, Chmbin& Spdnkio watetdernequ FRESWw REPORT TO THE CITYCOUNCIL AGENDA REM NO. I G COUNCIL MEETING 7f23/09 Iuy 23, 2009 an w,xsca ROM: RANDALL L COOPER, Director Pegs, After School, Recreation and Community Services WELIECT: APPROVE MEMORANDUM OF UNDERSTANDING BEVVEEN THE CITY OF FRESNO AND THE DOWNTOWN ASSOCIATION REGARDING MAINTENANCE OF FULTON MALL ARTWORK It is recommended that the Council appreve the attached MOU agreement with the Downtown Association (DTA) for annual cleaning and restoration of Fulhm Mall smears. EXECUTIVE SUMMARY The edging agreement between the City and DTA Por the maintenance a pre mall district and paring Maintenance Distinct #1 (dated December 31, 1985) does trot have a provision he Ne maintenance d Me mall aRwor. The current agreement includes Fulton Mall's elevators, aswlatom. and routine mall maintenance:. however fie City and DTA desire to moperete in the annual cleaning, restoration, and maintenance d the arsai The City all contribute 55,48.5.00 ocewas Me project, which ames a rota) mat W $7,280.00. The DTA will cover Me additional expena outside Of me $5,465.1X1 associated with Ne project. The DTA will hire a ansultarm to ComPlate Me amwor cleaning and restoration annually according ro attached Edti nt A-1 (Scope d Work). end pay pre balance d Me amount awed under the antrect atter applying the City agreed Wnhibution d $5,465.OD. The contract is a year 0 year, and Me Ciys contribution is contingent upon allocated and available funds swin each Most year. KEY OBJECTIVE BALANCE The annual cleaning d Fulton Mall artwork as a joint effort between the City and DTA will prowde a healthy and somatically pleasing envirenmem for mall stakeholders as well as an additional community outlet for consumers, which will drew more business to Me Downrown area. BACKGROUND The City and Downtoxn Association have a Iprg history d waking together to fond solutions to maintenance needs on the Fulton Mall. Though Me wthOrk pieces on the mall ware originally drown for their ability to wlthsrard the Fresno Climate, an annual Professional cleaning must be performed to maintain the luster d the hustles. There are no funds in the Pmpamy.bsad Business Impmvament D irl (PBID) and has does rot duplicate efforts in Me PBID. FISCAL IMPACT The annual City corrandlon ro Me clawing cost 0 MCA to exceed$5,485.00 has ban Included in Me Department FY 2010 Proposed Budget. nem,rumbhc CIR MOU Agreement __ 7 RA MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF FRESNO AND THE DOWNTOWN ASSOCIATION REGARDMO MAINTENANCE OF FULTON MALL ARTWORK This MEMORANDUM OF UNDERSTANDING (hereinafter "MOCJ is made and entered into gas day of _, 209, by end between the CITY OF FRESNO, a icipal muncorporation (hereinafter referred 10 as "CITY"), and the DOWNTOWN ASSOCIATION OF FRESNO, DTA (hereinafter refered to as "ASSOCIATION'7. RECITALS WHEREAS, CITY end ASSOCIATION desire to cooperate in the clearing, restoration end maintenance of the anvvork on the Fulton Mall (the "PROJECT',); and )WtIEREAS, ASSOCIATION wishes to hire a conwhant to perform the work accessary to complete the PROJECT; and WHEREAS, CITY and ASSOCIATION wish to share the cost ofthe PROJECT pursuant to the terms act forth in this MOTI. AGREEMENT NOW. THEREFORE, CITY and ASSOCIATION evidence their intent to work coopens ively in pursuit ofthe PROJECT as follows: ARTICLE 1 ROLES AND CONTRIBUTIONS OF PIE PARTIES A. ASSOCIATION L ASSOCIATION shall anter into and administer a contact with a consultant to complete the PROJECT (the "CONTRACT'). 2, ASSOCIATION will accept CITY'a contribution and will use it to satisfy the amoom of the CONTRACT. 3. ASSOCIATION will pay the dance ofthe amount owed under the CONTRACT :ober applying Cl 1Y's contribution. B. CITY I. Within thirty (30) days of receipt of invoice, CITY shall pay an amount not to Geed Five. Thousand Six Hundred Forty Five Dollars and no cents ($5,465.00) towards the CONTRACT, provided that CITY's obligations shall be limited to allocated and available funds in each CITY fiscal yew. ARTICLE II GENERAL TERMS AND CONDITIONS 1. In pursuit of this MOU the parties abnll act us an independent rapacity and not as an officer, agent, servant, employee, joint venturer, partner, or associate of the other party. Each party shall retain the right W administer this MOU so as W verify that the other party is performing its respective obligations in accordance with the terms and conditions hersof. Each Parry shall comply with all applicable provisions of law and the rales mod regulations, if any, of govemmemal authorities having jurisdiction over Uot subject marmot herein. 2. Each party shall indemnify, hold harmless and defend the others and each of them indud'mg respective officers, officials, employees, agents and volunteers from any and sit loss, liability. fines, permeldes, forfeitures, costs and damages (whether in commaL tort or strict liability, including but not limited to persons) injtny, death at any time and property damage) incurred thereby, and from any and all claims, demands and actions m law or equity (including accuracy's fees and litigation expenses), arising directly or indirectly from the negligent or intentional acts or omissions in the performance of this MOU. This secfion shalt survive termination or expiration of this MOLL 3. it is understood and agreed Wast each party maintains insurance policies or self- insurance Programs TO fund its liability muter this MOU. The parties agree that such respective program or policy coverage for workers' compensation shall contain a waiver of subrogation as to the other parties and each of their respective officers, officials, agents, employees and volummers. Evidence of Insurance, Certificates of Insurance or other similar documentation shall not be required under this MOU unless expressly requested m writing. C If either party is required to commence any preceeding or legal action 0 enforce r interpret any term, covenantal or condition ofthis MOU, the prevailing party in such proceeding or action shall he entitled to recover from We other party its reasonable attorney's fees and legal expenses, S. In the event of any conflict between the body of this MOU and my exhibit or attachment hereto, We terms and conditions of the body of this MOU shall control and take precedence over the terms and conditions expressed within the exhibit or attachment. 6. Each party acknowledges Wet they have read and fully understand the contents of this MOU. This MOU represents the ender and imegrded agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations. repreaentmions or agreements, either written or cost. 7. This MOU shell he in effect upon its full execution by the parties through the complete rendition of PROTECT services and acceptance of all PROTECT deliverables by each of dm parties hereunder. g. Phis MOU may be modified only by written instrument dWy authorized and executed by all the genies. W WDNE55 WHEREOF, the Parties have executed this MOU at Fresno, Califomi the day ane year first wrinen shove. CITY OF FRESNO, FRESNO DOWNTOWN ASSOCIATION a municipal corporation By: Rendell L. Cooper Title: Director - City PR&CS ATTEST: REBECCA E. KLISCH City Clerk By: APPROVED AS TO FORM: JAMES .SANCF City A o By: Deputy By: - -x�,. ✓/w.sc `lap mea l Title: ExecutiveDmw I Mork Rodriguez Son to 19M Fresno Street, Fresno California 93921 559 40519M - nrerkrodrignernel mark@c 11aukrodripmnet Chy of Fresno Parke, Recreation and eammenity services CSty Rao Annex 2326 Fresno Strut, Room 101 Fresno, Ce. 93721-1924 ART MAINTANCE PROGRAM - INTRODUMON. Ftesldy cast bmn7a glows red of gold; Nen gmdoeliy develops a mall patios of deep Muse, black, or teach over its surface. Patinas, Innocent, need not be mural; for ccurries. metal warkem d'm Face imodvicetuiaai.Padnas by chemical or other mems. Itis these artificial paunes that affre the great variety OfWlamuon possible with bronze. A ounce is thin layer thu farm,; on are, Wou of motel after it is exposed to ibe one or buried in ase inamd Nulla are created wbm varia9s mmpoaM,s in the emimnmem- gases, weer vapor, and carries -tmz wilh do o0 to fono acitui which N tom reset wim the morel. Different enviramtents reeve peueas ofdif ureal cOJOrs on a metal, depending on the concentrations of thewave: cbemienis tad area reenact. FULTON mAi 1.ART. AO bronze Sculpture on Fulton MW- At, _manmadepauna. Arta, pmdurzd, or reorned during the cannot ounarctmn pr,,e CREMICAL LINT, (ifotPOW) gvetagy tempast 200-350. OhPotlolb land form tomtmh aua timiukmcepr0gi`ms, e Fessianii. k dpdcpeknie - _ a Uwar. ofaulfor . . •-FLIdsNmnsul5de ' ' (Note)All Frt9no. QEfeiedds, e�emlmLeveebass s approved,) mrrammkmi add aintedce mast be approved by the' city of - - .e -nfcie A-1 Mark Rodriguez . Studio 1979 Fresno Street, F ssso Cali(omu 93721 549 4831992 markrodrigueanet markQmnrlvodrigumnst MAINTANCE PROGRAM. • Wssh soulphos reumvklg all oxidation and oohro ioa, Repair Patine using, heed, chemioos( ifNadW. note) Renoir, La Grand I.evsuse, • thiOW patina. Only dem hes ban mod w bion off grafliti.(s hs)Phar Vokos, Sig A. Op oot use heat or,chemireds. l.aequer Rosh. • Apply Ceroauba base wax blendod'rvith pigment for indivdlpe) scWpumes. Polish PROTECTING TRE PATINA 'ONITBE ART. When public en is ICA uopmleomd it wig bs affwdad by moisote epd obenoe41e in the sk,JM as h000m aloge eie. Thrarbon andoxide in mbar air cease go unpmtemedpia,, W hue atom end corrode. Outdoor art rngabts cleaning woxcln& twice eYeer. It is crt<ieal'ts ir..lbW.s, Sine it is tm(mtecia9 Som the while hanch. PROBLEMS, Graffiti, Soda spill, climbiog, SOrvikler water damage. .. ASazkRs�rl®asz . .. e+ninit a -I ooe..s