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04-B Cooperative Agmt LogoDRAFT F:kAttorney\LisakResolutions\CURRENTkPEDC Logo - Contract Res.wpd September 23, 2003 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING A COOPERATIVE AGREEMENT BETWEEN THE CITY OF PARIS AND THE PARIS ECONOMIC DEVELOPMENT CORPORATION FOR THE PAINTING OF A LOGO ON THE CITY'S NEW WATER TOWER; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Paris is in the process of constructing a major new water tower, the same being located in west Paris at 2000 W. Kaufman Street, Paris, Texas; and, WHEREAS, as a result, the aforesaid water tower from its point of completion will be a visual landmark to be seen and identified at great distances from the city of Paris; and, WHEREAS, the City is in the process of completing the construction of the aforesaid water tower, including final external painting of same; and, WHEREAS, the City has been approached by the Paris Economic Development Corporation, requesting the City to paint a specific logo or logos on the exterior of the tower, the cost of said painting to be reimbursed by the Paris Economic Development Corporation; and, WHEREAS, the City has reviewed the request by the Paris Economic Development Corporation and believes it would be in the best interests of the City to accommodate the request of the Paris Economic Development Corporation, provided all costs of same are paid for by the Paris Economic Development Corporation; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the Mayor shall be and is hereby authorized to execute and the City Clerk to attest to a Cooperative Agreement, a copy of which is attached hereto and for all purposes incorporated herein, by and between the City of Paris and the Paris Economic Development Corporation for the Paris Economic Development Corporation to defray the cost of the painting of a special logo or logos on the City's new water tower located at 2000 W. Kaufman Street in west Paris, Texas. Section 3. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 29th day of September, 2003. ATTEST: Curtis Fendley, Mayor Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney COOPERATIVE AGREEMENT BETWEEN THE CITY OF PARIS AND THE PARIS ECONOMIC DEVELOPMENT CORPORATION STATE OF TEXAS COUNTY OF LAMAR KNOW ALL MEN BY THESE PRESENTS: WITNESSETH: WHEREAS, the City of Paris is in the process of constructing a major new water tower, the same being located in west Paris at 2000 W. Kaufman Street, Paris, Texas; and, WHEREAS, as a result, the aforesaid water tower from its point of completion will be a visual landmark to be seen and identified at great distances from the city of Paris; and, WHEREAS, the City is in the process of completing the construction of the aforesaid water tower, including final external painting of same; and, WHEREAS, the City has been approached by the Paris Economic Development Corporation, requesting the City to paint a specific logo or logos on the exterior of the tower, the cost of said painting to be reimbursed by the Paris Economic Development Corporation; and, WHEREAS, the City has reviewed the request by the Paris Economic Development Corporation and believes it would be in the best interests of the City to accommodate the request of the Paris Economic Development Corporation, provided all costs of same are paid for by the Paris Economic Development Corporation; NOW, THEREFORE, FORAND IN CONSIDERATION OF THESE PREMISES the CITY OF PARIS, PARIS, TEXAS, hereinafter referred to as "CITY," with offices located at 135 1 st Street S.E., Paris, Texas, and the PARIS ECONOMIC DEVELOPMENT CORPORATION, hereinafter referred to as "PEDC," with offices located at 1125 Bonham Street, Paris, Texas, covenant and agree as follows: That the CITY will cause a descriptive logo, including a caricature and painting of the City of Paris Eiffel Tower and other information as deemed appropriate by the PEDC, to be painted on the new water tower, provided such painting is tastefully done and is a positive enhancement to the water tower. That the estimated cost of said painting is $7,000.00. From and after the execution of this agreement, the PEDC will deposit said amount with the CITY to defray the cost of said painting. Should there be any amount remaining following the painting of said logo on the water tower, the CITY will reimburse said remainder to the PEDC within thirty (30) days following completion of the project. Similarly, should there be an additional amount due the CITY for completing said painting, the PEDC will deposit said additional amount with the EXHIBIT A CITY following receipt of written notice from the CITY as to the additional cost incurred, said additional amount to be deposited with the CITY within ten (10) days of said notice. Provided, however, the total cost of said painting shall not exceed the above estimated cost plus twenty-five percent (25%). The PEDC and the CITY agree that, by defraying the cost of the logo, the CITY shall not be in any way obligated or required to replace said painted logo at such time in the future as it becomes necessary, during the ordinary course of maintenance, to repaint the surface of said tower; provided, however, that at such time as the surface of the tower is repainted, the PEDC may have the opportunity and the CITY will entertain an offer by the PEDC at said time to defray the cost of painting the same or similar logo on the tower at that time. 4. That this agreement shall be effective the date of the last execution signature hereto. APPROVED by the City of Paris this 29th day of September, 2003. Curtis Fendley, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney this APPROVED by the Board of Directors of the Paris Economic Development Corporation __ day of October, 2003. Don Wall, President ATTEST: Richard Severson, Secretary/Treasurer Paris Texas 1125 Bonham Street Paris, Texas 75460 903.784,2501 Fax: 903.784.2503 September 4, 2003 Mr. Shawn Napier, City Engineer City of Paris P.O. Box 9037 Paris, TX 75461 In re: PEDC Logo on Elevated Water Storage Facility Dear Shawn: After reviewing the attached letter, I would like you to proceed with having the PEDC logo painted on the Water Storage Facility. Please submit me an invoice at your earliest convenience and a check will be forwarded to the above address. I greatly appreciate the city's eagerness to have the PEDC involved in this project. If you need art work or have any questions, please do not hesitate to contact me. Sincerely yours, Gar~Vest Director August 25, 2003 Bucher, Willis & Ratliff Corporation 601 Shelley Drive, Suite 202 Tyler, Texas 75701 At'tn: Mr. Frank Davis, P.E. Elevated Water Storage Facility Pads, Texas 2.5 M2vIG x 108.5' BCL CET CB&I Contract No. 138679 Pficine for Loeo Change CB&I Water A Division of CB&I Constructors, Inc. One CB&I Plaza 2103 Research Forest Drive The Woodlands, TX 77380 832-513-1800 FAX: 832-513-1805 RECEIVED TYI. ER, TEXAS Gentlemen: I have forwarded the imeormation supplied by the City of Paris to my painting subcontractor, Utility Services, Inc. who recently supplied me with the quote for this additional work. Utility advises that they have quoted the sign to be 10' tall and almost 40' long which will fit nicely on tiffs tank and should be legible for a reasonable distance. On behalf of our painting subcontractor, CB&I is please to quote this additional work for a price of 57,000.00 and would require an additional 7 calendar day~ extension to the contract. The painting operation is ongoing at present. Determination of this change must be made and forwarded to CB&I in such a manner so the work can be accomplished during the normal flow of the work, without any additional mobilizations or rigging. Therefore approval is to be received by the end of September to eliminate need for additional pricing for any out of sequence work. · ~ I can be of any assistance in this matter, please do not hesitate to call me. I enclose a business card for your convenience. Please note the new address and phone number. Sincerely, Roger D. Thompson Project Manager CB&I Constructors, Inc. enclosure