MEMORANDUM OF AGREEMENT
between
City of Lawrence
and the
University of Kansas
March 25, 2010
The University of Kansas, through its Continuing Education department (hereinafter referred to as Continuing Education) and the City of Lawrence agree to expand the existing banner program on traffic signals throughout Lawrence as identified in Attachment A. As part of this agreement, the following terms are agreed to by both parties:
City of Lawrence Participation
The City of Lawrence agrees to usage of existing traffic signals for the placement of banners. Any additional agreement for usage of street lights/wooden poles in the city’s right-of-way will need to be provided by Westar Energy as the owner of this infrastructure.
The City of Lawrence agrees to provide funding for the installation of sixty four (64) brackets and the initial installation of banners on locations identified in Attachment A throughout Lawrence (estimated cost is $11,520). All locations selected must be approved by the city prior to installation. The city will provide funding for the installation of the second set of banners for year 2010 only (estimated cost is $2,048). The city will be responsible for repairs needed to brackets during the course of this agreement.
University of Kansas Continuing Education Participation
Continuing Education will be responsible the purchase of all banners. Continuing Education is responsible for the design and graphics utilized on the banners and will own all rights to the banners and the graphics used. Prior to the production of the banners, the graphics and artwork utilized will be reviewed by the city. The themes utilized should be general in nature and promote the educational goal and brand identity of the University of Kansas, Continuing Education as well as promote the University of Kansas to visitors and local residents. The vendor used for production will be approved by the city.
Continuing Education agrees to abide by the city’s guidelines for use of the right-of-way and placement on traffic signals, light poles or other selected infrastructure. All placement locations will be approved by the city prior to installation. A detailed map of banner locations will be kept on file by the city, the University and the selected vendor.
Continuing Education will be responsible for all installation costs after the second installation in year 2010.
Length of Agreement
This agreement will be approved for a period of four years from the signing of this document. Any extensions of this agreement will be evaluated in the future.
Vendor
The vendor selected for installation will be approved by the city. Storage of the banners should be provided by the selected vendor.
Schedule
Banners will be changed at least every four months during the 2010 calendar year. The following is a proposed schedule for installation of Continuing Education banners. Continuing Education may also work with other University of Kansas departments to display alternative University of Kansas banners. Changes to the following schedule may be made upon agreement by both parities:
|
March – June |
Summer Enrollment |
|
July – October |
Online Education |
|
November – February |
Independent Study/Continuing Education |
Changes, Cancellations or Rescheduling, and Dispute Resolution Procedures
Continuing Education and the City of Lawrence acknowledge that, as executed, this contract constitutes their complete agreement as to the terms contained herein. The parties agree that this contract may be changed or modified only in a writing or writings executed by both Continuing Education and the City of Lawrence. If the additional agreement for usage of street lights/wooden poles by Westar Energy is not executed, this contract may be changed, modified or cancelled.
If, at the request of Continuing Education, this agreement is cancelled before the four year period is complete, Continuing Education will pay for removal of the hardware brackets.
Any disagreements between Continuing Education and the City of Lawrence about the satisfactory execution of the terms of this Memorandum of Agreement will be negotiated by the Executive Director of Continuing Education, or his designee, and by David Corliss, of the City of Lawrence, or his designee.
Liability Responsibility
The University of Kansas agrees that claims for injury or damages which arise out of the University of Kansas performance of this agreement and which are subject to the provisions of the Kansas Tort Claims
Act (K.S.A. 75-6101 et seq.) may be processed according to that Act. The University of Kansas further agrees that the City of Lawrence shall not be liable for damages resulting from the negligent or wrongful
act or omission by the University or its employees. The University of Kansas, an agency of the State of Kansas, is covered by the terms of the Kansas Workers Compensation Act (K.S.A. 44-501 et seq.).
Neither the State of Kansas nor any agency thereof shall hold harmless or indemnify any contractor for any liability whatsoever.
David L. Corliss Frederick W. Pawlicki
City Manager, City of Lawrence Executive Director
University of Kansas, Continuing Education
Date of Agreement:
Attachment A
Locations:
Intersections: Traffic Lights and Light Poles (64) Banners approved by City
· 6th & Iowa X (4), NE, NW, SE, SW
· 9th & Iowa X (4) NE & SE with 2 banners per pole, 90 degree off-set
· 15th & Iowa X (4) SE & SW w/2 banners/pole, 90 degree
· 19th & Iowa X (3/4) NE, NW & SW w/2 banners @ 90 degree
· 15th-19th on Iowa (12) staggered E/W on wooden poles
· Iowa & Clinton/23rd X (4) NE, NW, SE, SW
· 23rd & Louisiana X (3) NE, NW, SE
· 23rd & Mass X (4) NE, NW, SE, SW
· 19th & Naismith X (3) NW, SE, SW
· 23rd & Ousdahl X (3) NE, NW, SE
· 19th & Massachusetts X (3) NE, NW, SE
· 6th & Rockledge X (4) NE, NW, SE, SW
· Naismith Drive between 19th & Sunnyside (12) A prime location for students, parents and visitors. There is also walking traffic.
Alternative location(s):
· 19th and Louisiana (4)
· 23rd Street over the bridge
· 6th Street
· Kasold
· Clinton Parkway