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HomeMy WebLinkAboutRES.1979.07-19-20044 BILL NO. 04-141 RESOLUTION NO. 19-4C� A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR THE PAINTING OF THE MISSISSIPPI RIVER TALES MURAL ON THE FLOODWALL WITH THE RIVER HERITAGE MURAL ASSOCIATION BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, is hereby authorized to execute an Agreement for the Painting of the Mississippi River Tales Mural on the Floodwall with the River Heritage Mural Association. A copy of said Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS jqt"' DAY OF 20��. . Knudtson, Mayor s •" N AGREEMENT FOR THE PAINTING OF THE MISSISSIPPI RIVER TALES MURAL ON THE FLOODWALL CAPE GIRARDEAU, MISSOURI This Development Agreement (the "Agreement") is entered into this day of , 2004, by and between the City of Cape Girardeau, Missouri (the "City"); and the River Heritage Mural Association (the "Mural Association"). WHEREAS, the painting of a mural on the floodwall in the city would be of benefit to the City and its tourism industry, and; WHEREAS, the City has received an Economic Development Initiative Grant from the U.S. Department of Housing and Urban Development (HUD) for the painting of a mural on the floodwall; and WHEREAS, the Parties wish to enter into this Agreement in order to generally describe their respective rights, duties and obligations regarding the painting of a mural on the floodwall. NOW, THEREFORE, for and in consideration of the mutual covenants and considerations contained herein, it is agreed by the Parties as follows: 1. The Mural Association agrees to provide for the painting of a mural on the floodwall, as further described in Exhibit A. The Mural Association shall cause the painting of the mural to be completed by June 30, 2005. 2. The Mural Association agrees to provide the City with adequate documentation regarding the payment for services associated with the painting of said mural. 3. The City shall reimburse the Mural Association for the appropriate costs of painting the mural, upon receipt of documentation of such costs. 4. The costs that shall be reimbursed by the City to the Mural Association for the painting of said mural shall not exceed $173,968, less up to $2,000 in administrative costs incurred by the City. 5. This Agreement supersedes the Agreement approved by the City Council on May 21, 2004 by Resolution No. 1972. 6. It is further agreed that any costs for said mural greater than the $173,968 identified above shall be the sole responsibility of the Mural Association. 7. Notice. Any notice required by this Agreement shall be given by first class, United States Mail, postage prepaid and addressed as hereinafter specified. If to the City, such notice shall be addressed to: Douglas K. Leslie, City Manager City of Cape Girardeau 401 Independence Cape Girardeau, MO 63703 And a copy to: W. Eric Cunningham, City Attorney City of Cape Girardeau 401 Independence Cape Girardeau, MO 63703 If to the Mural Association, such notice shall be addressed to: J. Tim Blattner, President River Heritage Mural Association 1221 Kingsway Cape Girardeau, Mo. 63701 Each party shall have the right to specify that notice is to be addressed to another address by giving to the other party ten (10) days written notice thereof. 8. Amendments. This Agreement shall not be amended, modified, canceled or abrogated without the written consent of both parties. 9. Effective Date. This Agreement shall be binding on the parties hereto only after all legal requirements relating to the City entering into this Agreement have been satisfied. 10. Termination. If, through any cause, the City or the Mural Association shall fail to fulfill in timely and proper manner their obligations under this contract, or if the City or the Mural Association shall violate any of the covenants, agreements, or stipulations of this contract, either party shall have the right to terminate this contract by giving written notice to the other party of such termination, setting forth the reason for the breach, and specifying the effective date thereof, giving at least forty-five (45) days notice before the effective day of such termination provided the City or the Mural Association shall have the right to cure any claimed default within the forty-five day period from the date of the notice. 11. Conflicts. No officer or employee of the City and no member of the City Council shall have a financial interest, direct or indirect, in this contract. A violation of this provision renders the contract void. Any federal regulations and applicable provisions in Section 105.450 et. seq. R.S.Mo. shall not be violated. 12. Assignment. The Parties shall not assign any interest in this contract, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of both parties. 13. Confidentiality. Any reports, data, or similar information prepared under this contract, which the City requests to be kept as confidential, shall not be made available to any individual or organization without prior written approval of the City. 14. Discrimination. Both Parties agree, in the performance of this contract, not to discriminate on the grounds or because of race, creed, color, national origin or ancestry, sex, religion, handicap, age or political opinion or affiliation for employment and shall include a similar provision in all subcontracts let or awarded hereunder. 15. Agency. Nothing contained herein shall constitute or designate the Mural Association or any of Mural Association's agents, employees or contractors as agents or employees of the City of Cape Girardeau, Missouri. 16. City Benefits. Neither the Mural Association nor any of its agents, employees, or contractors shall be entitled to any of the benefits established for the employees of the City nor be covered by the Worker's Compensation Program of the City. 17. Liability and Indemnity. The Parties hereby mutually agree to the following: a. In no event shall the Parties be liable to each other for special, indirect, or consequential damages, except those caused by gross negligence or willful or wanton misconduct arising W out of or in any way connected with a breach of this contract. The maximum liability hereunder shall be limited to the total amount of money to be paid to the City under this contract. b. The Mural Association shall defend, indemnify, and hold the City harmless from and against all claims, losses, and liabilities arising out of personal injuries, including death, and damage to property which are caused by the Mural Association, its agents, employees, servants or contractors arising out of or in any way connected with the painting of a mural on the floodwall. c. This agreement shall not be intended to create any rights enforceable by any third party beneficiary. 17. Authority. All individuals signing this agreement state that they have authority to sign this agreement for the purposes herein stated. Attest: By: Attest: By: APPROVED AS TO FORM: By: W. Eric Cunningham City Attorney Resolution No. CITY OF CAPE GIRARDEAU, MISSOURI Douglas K. Leslie Date City Manager OWNER RIVER HERITAGE MURAL ASSOCIATION J:esident m P BlattnerDate STATE OF MISSOURI ) ) ss. COUNTY OF CAPE GIRARDEAU ) BE IT REMEMBERED, That on this day of 2004, before me, the undersigned, a Notary Public in and for the County and State aforesaid, came Douglas K. Leslie, City Manager of Cape Girardeau, Missouri, a City duly organized, incorporated and existing under and by virtue of the laws of the State of Missouri, and who is personally known to me to be the same person who executed, as such officials, the within instrument on behalf of said municipal corporation, and such person duly acknowledged the execution of the same to be the act and deed of said municipal corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year last above written. [Typed Name of Notary Public] STATE OF MISSOURI ) ) ss. COUNTY OF CAPE GIRARDEAU ) BE IT REMEMBERED, That on this 12, --- day of T , 2004 before me, the undersigned, a Notary Public in and for the County and State aforesaid, came J. Tim Blattner, to me personally known, who, being by me duly sworn, did state that he is the President of the River Heritage Mural Association, and that said instrument was signed in behalf of the River Heritage Mural Association for the consideration stated therein and no other. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year last above written. MARTHA J. BROWN Notary Public - State of Missouri County of Cape Girardeau My Commission Expires Dec. 6, 2005 [Typed Name of Notary Public] ;z Exhibit A MISSISSIPPI RIVER TALES MURAL A mural will be painted on the west side of the floodwall in Cape Girardeau, Missouri. This mural will employ the trompe Poeil style of painting, using special long-lasting paints that can hold an image for 100 years. A 1,100 foot section of dull, gray floodwall will be transformed to look like a beautiful stone wall. The design of the mural will transform the wall so that it will seem to have 24 separate wall archways, each containing depictions of river activity and shoreline scenes at a site that has become the City of Cape Girardeau. The mural will extend more than two city blocks and will certainly become a tourism attraction within the City and for passengers of riverboats stopping at Cape Girardeau. A special mineral -based paint from Germany will be used which has extraordinary properties to both bond to the floodwall and retain a strong coloration for many years. Additionally, a safety rail, lighting and descriptions of the panels will be placed along the sidewalk in front of the mural.