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HomeMy WebLinkAboutMOA with MDC for Traffic Box Art 2016MEMORANDUM OF AGREEMENT FOR CONTRIBUTION TO TRAFFIC BOX COMMUNITY ART PROJECT This MEMORANDUM OF AGREEMENT FOR CONTRIBUTION TO TRAFFIC BOX COMMUNITY ART PROJECT ("Agreement") is made this day of November, 2015 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Meridian Development Corporation, an urban renewal agency organized under the laws of the State of Idaho ("MDC"). WHEREAS, City and MDC desire that public art will be a component of the Meridian community and to that end, City has undertaken the Traffic Box Community Art Project ("Project"), within which artwork created by community members will be transformed into vinyl wraps and used to cover traffic control boxes at various locations throughout Meridian, with permission from the property owner Ada County Highway District ("ACHD"), as a benefit to the public; WHEREAS, the Meridian Arts Commission intends to work with artists, ACHD, and MDC �CW to install at least six (6) Project wraps in fiscal year 2016; and ry i WHEREAS, MDC is willing to contribute to City five thousand dollars f ,000:99• toward expenses related to the Project; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. CITY'S RESPONSIBILITIES. A. Project wrap installation. Between October 1, 2015 and September 30, 2016, City agrees to invest MDC's contribution in the installation of six (6) Project wraps in the Meridian Urban Renewal Area as part of the Project. The selection of staff and/or vendors for Project shall be made by City. B. Selection of artists, traffic boxes. City shall include MDC in the process of selecting artists and/or artwork for transfer onto the six (6) Project wraps that are the subject of this Agreement. City shall include MDC in the process of selecting the traffic boxes on which the six (6) Project wraps that are the subject of this Agreement are installed; such boxes shall be located within the Meridian Urban Renewal Area. With regard to decisions related to selection of artists, artwork, or specific installation locations, City shall duly consider MDC input and shall make a reasonable effort to come to consensus; however, City shall be responsible for the final decision regarding selection of artists, artwork, or specific installation locations. C. Acknowledgment of sponsorship. If City decides to acknowledge sponsors of wraps installed as part of Project, City shall acknowledge MDC on the six (6) Project wraps that are the subject of this Agreement. MEMORANDUM of AGREEMENT FOR MDC's TRAFFIC BOX COMMUNITY ART PROJECT CONTRIBUTION PAGE 1 OF 3 MDC is the terminating party, City shall be entitled to receive reimbursement for payments made for services properly performed by Consultant to the date of termination. E. Severability. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions, and this Agreement shall be construed in all respects as if any invalid or unenforceable provision were omitted. F. Applicable Law. The Agreement shall be governed by the laws of the State of Idaho and jurisdiction for any disputes arising hereunder shall be in the Fourth Judicial District, Ada County, State of Idaho. 4�^ IN WITNESS' WHEREOF, the parties hereto have executed this Agreement on this day of November, 2015, MERIDIAN DEVELOPMENT CORPORATION: ov - By: CITY OF MERIDIAN: ee c o.� C r Attest: y. r' ��*.s: Attest: t City" �La �IAT� F Clerk MEMORANDUM OF AGREEMENT FOR MDC s TRAFFIC BOX COMMUNITY ART PROJECT CONTRIBUTION PAGE 3 OF 3