Loading...
HomeMy WebLinkAbout02 090 agree hilgendorf mural - e e e I THE CORPORATION OF THE MUNICIPALITY OF KINC4wINE BY-LAW NO. 2002 - 90 BEING A BY-LAW TO AUTHORIZE THE MAYOR AN/. CLERK TO SIGN A CONTRACT WITH ALLEN HILGENDORF FOR HE PAINTING . OF A MURAL IN THE VICINITY OF HARBOUR TREET , I WHEREAS the Council for The Municipality of Kincardine deemslit advisable to enter into an Agreement with Allen Hilgendorf. ·f AND WHEREAS this Agreement provides for the painting of a m ral on the souths ide of the PharmasaveBuilding on Harbour Street; I I NOW THEREFORE the Council for The Corporation of the I Municipality of Kincardine ENACTS as follows: I I 1. That the Corporation of the Municipality of Kincardine enter inio an agreement with Allen Hilgendorf for the painting of a mural on the sþuthside of the Pharmasave Building on Harbour Street. i 2. That the Mayor and CAO be authorized to sign. on behalf of ~e Corporation of the Municipality of Kincardine, the Agreement with Allen HiI endorf attached to this by-law and to affix the corporate seal as and hen required. , . 3. This By-law shall come into full force and effect upon its final assage. 4. This By-law may be cited as the "Harbour Street Mural Agree ent, By-law". READ a FIRST, SECOND and THIRD TIME and DEEMED TO B PASSED this 261h day of June 2002. " '1 '. KINCARDINE MVRAI. 2002 CONTRACTURAI. AGREEMENT · This AGREEMENT made this :L~ th day of - \u" ~, 2002 BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE hereinafter called the "MunicipalityO of the First Part, -and- Allen C. Hilgendorf Hereinafter called "Hilgendorf' Of the Second Part. · WHEREAS the Municipality has commissioned a mural for the South face of the Pharmasave Building on the North-East comer Halbour Street. AND WHEREAS it is expedient that the terms and conditions of this service contract be specified by Agreement between the two parties; NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of the premises and mutual promises and covenants hereinafter contained. the parties hereby agree as follows: I. The Tourism Committee of the Municipality of Kincardine shall meet with Hilgendorf to discuss the criteria and establish the basic concept desired, and try to provide as much reference and research material as possible for the artist. 2. Hilgendorf shall develop one or two initial thumbnail sketches based on the discussion and material and submit the ides for review and consideration. 3. Based on further discussion at a second meeting, Hilgendorf will draw a more detailed conceptual drawing. If approved in principle, the artist will develop the idea accurately to scale in pencil. · 4. The Municipal Clerk's signature of approval on this model will mean no further alterations or additions will be allowed. 5. At the onset of the project a 50% retainer fee shall be paid to Hilgendorf to cover materials and operational costs while the mural is in progress. The balance, plus G.S.T. will be paid immediately upon completion. 6. The Municipality agrees to provide and erect safe and adequate scaffolding for the duration of the project. 7. The size of the mural shall be approximately 36 feet by 16 feet, priced at a flat rate of $20.00 per square foot. There will also be an 8 foot scroll area containing text appropriate to the mural and the Halbour Street area placed to the right of the mural, the cost of which shall be included in the original quote. This commissioned work on the Halbour Street building is not to exceed $12,326.40 (including taxes) in total and shall be completed three to five weeks after commencement. .' ~ .../2 ~--'. .~ - - '. 'I ~" '. Kincardine Mural 2002 Contractural Agreement Page 2 - 8. Hilgendorf agrees to provide liability insurance coverage for any injury or accident incurred to any individual or himself, during the course of his work on the mural, and agrees to release The Corporation of the Municipality of Kincardine from any responsibility for personal injury incurred during the commissioning of this mural. 9. Hilgendorf shall report to the Clerk and shall be accountable to the Council of the Municipality of Kincardine. The term ofthis agreement shall be from July 111, 2002 to August 3rd, 2002. 10. 11. It is hereby agreed that correspondence between the two parties shall be addressed to the following: · Municipality of Kincardine Clerk, 1475 Concession 5, R R 5 Kincardine, Ontario N2Z 2X6 Mr. Allen C. Hilgendorf RR#4 Chatsworth, Ontario NOH 1GO 12. This Agreement shall inure to the benefit of and be binding on the respective heirs, executors, administrators, successors, and assigns of the parties hereto. IN WITNESS WHEREOF the Municipality ,!~~reto affi)(tld ,its corporate seal attested by the hands of its Mayor and Clerk this day of~, 2002. Hilgendorf has hereunto set þerhand this A1.. day of ~III.!L ,2002. "'\~ SIGNED, SEALED AND DELIVERED ) THE CORPORATION OF THE in the presence of ) MUNICIPALITY INCARDI~E- ' '. " ) - · 4f ~~~ ) - ) , ~ . ) , Witness êri ^~ ) f -:.. ' ) - ., Witness ~ ) Clerk ) ) KINCARDINE MURAL 2002 ) CONTRACTUAL AGREEMENT ) ~t /~çY Witness ) Hilgend · - _. -