Mou/Moa - 2016 - Wayfinding Signage / Planters / Old State Street - 11/16/2016/ Jjr i Asg 4 I
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MEMORANDUM OF AGREEMENT FOR CONTRitSUTION TO COST OF WAYFINDING
INFORMATIONAL STET SIGNS AND DECORATIVE: PLANTERS ON OLD STATE StREET IN
DOWNTOWN EAGLE
THIS MEMORANDUM OF AGREEMENT FOR CONTRIBUTION TO THE COST OF
WAYFINDING INFORMATIONAL S1ET SIGNS AND DECORATIVE: PLANTERS AS PART OF
THE BEAUTIFY DOWNTOWN EAGLE PROJECT ("Agreement") is made by and between the City of
Eagle, a municipal corporation organized under the laws of the State of Idaho ("City"), and the Eagle Urban
Renewal Agency, an urban renewal agency organized under the laws of the State of Idaho ("EURA").
WHEREAS, City and EURA have received information and presentations from a volunteer citizens'
group proposing certain improvements to beautify downtown Eagle and encourage additional visitors and
economic development;
WHEREAS, the City and EURA desire to equally share, in an amount not to exceed thirteen thousand
five hundred fifty-five dollars ($13,555.00) each, the cost of wayfinding informational street signs and
decorative planters which are being proposed by the citizens' group as part the effort to beautify downtown
Eagle;
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 oversight and installation. Between July 5th, 2016 and September 30th, 201.7, City agrees to
order and install and/or locate up to five (5) standalone wayfinding informational street signs, seven (7)
wayfinding informational street signs attached to existing lampposts and the number of decorative
planters that may be purchased for up to, but not exceeding, the Total Project Cost amount noted in
Exhibit C. The general design of the signage is depicted in Exhibit B with all items placed at the
locations generally described in Exhibit A. The items and work to be included in this Agreement are
noted in Exhibit C. Exhibits A, B and C are attached hereto and incorporated by reference herein and
the items and work described this Agreement and the attached exhibits are referred to herein as the
"Project". The Parties understand that the City may need some flexibility as to the exact location of the
noted improvements, but it is agreed that all improvements will be located within the EURA boundaries
and within public rights-of-way owned by the Ada County Highway District (ACHD).
B. Selection process. The design and content of the wayfinding informational street signs shall be as
generally depicted in Exhibit B, attached hereto and incorporated by reference herein. The content of the
wayfinding informational street signs shall neither include specific business or company names nor
directions to specific businesses or companies. City shall include EURA in the process of designing and
selecting the street signs and planters and the location thereof. City shall duly consider EURA input and
shall make a reasonable effort to come to consensus; however, except as otherwise set forth in this
Agreement, City shall be responsible for the final decisions regarding selection of the improvements and
specific installation locations. In no case will any improvements for which City will be seeking to share
costs with EURA be located outside the EURA boundaries.
C. Acknowledgment of contribution. If the City and EURA agree, they each may be acknowledged as
contributors on the improvements as part of the Project as they deem mutually appropriate.
D. Invoice EURA. Once the City receives an invoice for particular item(s) covered under this MOA, then
MEMORANDUM OF AGREEMENT FOR BEAUTIFY DowNTowN EAGLE PROJECT PAGE 1 OF 9
City shall remit to EURA one (1) invoice showing EURA's share of the cost ofthe item(s) and attaching
the applicable invoice from the supplier. Upon receipt of said invoice, the EURA will prepare a check
to the supplier for its share of the invoice and deliver that check to the supplier. City and EURA will
divide the costs equally (50%/50%) and the total amount of the costs to be shared by City and EURA
under this MOA shall not exceed twenty-seven thousand one hundred ten dollars ($27,110.00) with each
respective share not to exceed thirteen thousand five hundred fifty-five dollars ($13,555.00). Only the
project costs shown in Exhibit C, attached hereto and incorporated by reference herein, are eligible for
payment by the City and EURA.
E. Ownership. Once all of the wayfinding informational street signs are installed and all decorative
planters are delivered, the City and EURA agree that this MOA shall terminate, and the City shall retain
ownership of and responsibility for the improvements and any ongoing maintenance and repairs.
II. EURA's 12ESPONSIBILITIES.
A. Payment and reimbursement. Within thirty (30) days of receipt of each of City's invoices, EURA
shall provide payment to the supplier in the amount of such invoice as noted in Section I.D. above,
however, the total amount of the EURA's share shall not exceed thirteen thousand five hundred fifty-
five dollars ($13,555.00).
B. Prepayment of deposits only as necessary. If a supplier or fabricator requires a deposit, the City shall
provide to the EURA the actual amount of the deposit and then invoice the EURA for its one half share
of the required deposit. The EURA shall provide for prepayment of deposits to suppliers only as
necessary.
C. Appropriation. Notwithstanding anything in this Agreement to the contrary, EURA's obligation under
this Agreement to provide payment as described herein shall be subject to and dependent upon
appropriations being made by the EURA governing board for such purpose.
III. GENERAL TERMS.
A. Term. This Agreement shall be effective as first noted below above and shall remain in effect through
September 30, 2017 or until the Project is completed, whichever occurs first.
B. Notice. Notice required to be provided by either of the Parties under this Agreement shall be in writing
and be deemed communicated when mailed by United States postal mail, addressed as follows:
City: City of Eagle
Mayor's Office
660 E. Civic Lane
Eagle, ID 83616
EURA: Eagle Urban Renewal Agency
Board Chairman
P.O. Box 1957
Eagle, ID 83616
Either Party may change its address for the purpose of this paragraph by giving formal notice of such
change to the other in the manner herein provided.
C. Entire agreement; modification. This Agreement embodies the entire agreement and understanding
between the Parties pertaining to the subject matter of this Agreement, and supersedes all prior
agreements, understandings, negotiations, representations, and discussions, whether verbal or written, of
the Parties pertaining to that subject matter. The Agreement may not be changed, amended, or
superseded unless by means of a writing executed by both Parties hereto.
MEMORANDUM OF AGREEMENT FOR BEAUTIFY DOWNTOWN EAGLE PROJECT PAGE 2 OF 9
D. Termination. Either Party may terminate this Agreement in whole, or in part, for any cause or no
cause, by providing thirty (30) days written notice. If the Agreement is terminated, each Party shall be
responsible to pay their respective shares for improvements that have been delivered and non -
cancellable orders made in accordance with the terms of this MOA toward completion of the Project
prior 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.
r,( IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on this / day of
IVL�pi'Vltee , 2016.
EAGLE URBAN RENWAL AGENCY:
44, � A
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Jeff`I`unz, Board Chairman
CITY OF EAGLE:
72
Stan Ridgeway, May
Attest:
Lindsey'Pr: Teasel, Secretary
Attest:
Sharon ergman, City Clerk
MEMORANDUM OF AGREEMENT FOR BEAUTIFY DOWNTOWN EAGLE PROJECT PAGE 3 OF 9
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EXHIBIT A
LOCATIONS OF WAYFINDING INFORMATIONAL STREET SIGNS AND PLANTERS
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MEMORANDUM OF AGREEMENT FOR BEAUTIFY DOWNTOWN EAGLE PROJECT
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PAGE 4 OF 9
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PAGE 4 OF 9
MEMORANDUM OF AGREEMENT FOR BEAUTIFY DOWNTOWN EAGLE PROJECT
EXHIBIT B
CONCEPTUAL DRAWINGS OF WAYFINDING INFORMATION STREET SIGN DESIGN
City Hall
Library
Senior Center
Professional
MEMORANDUM OF AGREEMENT FOR BEAUTIFY DOWNTOWN EAGLE PROJECT PAGE 5 OF 9
lien*
City Halt
. Library -4-
Senior Center+
Professional II ,
MEMORANDUM OF AGREEMENT FOR BEAUTIFY DOWNTOWN EAGLE PROJECT PAGE 6 OF 9
Greenbelt *
City Hall +
Library +
Senior Center+
MEMORANDUM OF AGREEMENT FOR BEAUTIFY DOWNTOWN EAGLE PROJECT PAGE 7 OF 9
EXHIBIT C
PROJECT COSTS
5 standalone post wayfinding informational signs $10,000.00
7 add-on signs to existing lampposts $5,250.00
Decorative Planters with initial flower plantings up to, but not exceeding, the total sum of $7860.00
Maintenance $2500.00
Marketing $1500.00
TOTAL PROJECT COST $27,1 l 0.00
DESIGN, ENGINEERING AND FABRICATION OF SIGNS
The Scope of Services on the following page in this Exhibit C specifies the scope of services and estimated
costs from Trademark Signs for their work on this Project. The estimated cost of design and engineering of
$2975.00 is included in the above Total Project Cost of $27,110.00. The Parties recognize that there is a design
and fabrication component with an as yet unspecified estimated cost. That design and fabrication work is also
included in the Total Project Cost. Should the costs associated with Trademark Signs' scope of services on this
Project result in an amount that exceeds the above noted Total Project Cost then the Parties will reduce the
number of signs and/or planters by mutual written agreement so that the Total Project Cost of $27,100.00 is not
exceeded. The Parties may also amend this agreement regarding the Total Project Cost pursuant to the terms of
this Agreement. The City will execute the necessary agreement(s) with Trademark Signs corresponding to the
aforementioned attached Scope of Services.
MEMORANDUM OF AGREEMENT FOR BEAUTIFY DOWNTOWN EAGLE PROJECT PAGE 8 OF 9