HomeMy WebLinkAboutDowntown Association of fresno DBA Downtown Fresno Partnership - MOU reguarding maintenance of Fulton Mall ArtworkprynFFPEENn • •
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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