HomeMy WebLinkAboutCC Resolution 8672 (Competition Advisor Services)RESOLUTION NO. 8 6 7 2
A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL
APPROVING A $7,000 CONTRACT WITH WILLIAM H. LISKAMM
TO PROVIDE COMPETITION ADVISOR SERVICES FOR THE
ST. VINCENT'S/SILVEIRA STUDY
WHEREAS, the City Council approved a work program and funding for the St.
Vincent's/Silveira Study on April 20, 1992; and
WHEREAS, the work program included $35,000 funding for a design/ideas
competition, of which $7,000 is for a competition advisor, approximately $23,000 is
for a competition prize, and the remainder is for direct costs, such as competition
announcements, mailings, etc; and
WHEREAS, William Liskamm has had extensive experience in conducting design
competitions and comes highly recommended from many sources; and
WHEREAS, William Liskamm can provide identified services in timely fashion
within the proposed budget.
NOW THEREFORE BE IT RESOLVED, the City Council hereby approves an
agreement with William H. Liskamm, copy of which is attached hereto and made a
part hereof by reference.
BE IT FURTHER RESOLVED that the City Council authorizes the City Manager and
City Clerk to execute said agreement on behalf of the City of San Rafael.
I, JEANNE M. LEONCINI, derk of the City of San Rafael, hereby certify that the
foregoing resolution was duly and regularly introduced and adopted at a regular
meeting of the Council of said City on Monday, the 1st of June, 1992, by the
following vote, to wit:
AYES: COUNCTLMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Borc
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None -
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r'o� : ANNE M. LEONCIlVI, City Clerk
ORIGINAL W 9� 7,z
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into this 1st day of June , 1992,
between the CITY OF SAN RAFAEL a Municipal Corporation (hereinafter
referred to as CITY) and WILLIAM H. LISKAMM, FAIA (hereinafter called
CONSULTANT).
A. RECITALS:
WHEREAS, the St. Vincent's/Silveira Advisory Committee and City
Council approved a work program for the St. Vincents and Silveira
Study on April 20, 1992. The Work Program includes an Ideas/Design
Competition, to be conducted by a Competition Advisor;
WHEREAS, the City desires to engage the Consultant to develop and
manage the Design/Ideas Competition;
WHEREAS, CONSULTANT represents that it is qualified to perform such
services and is willing to perform such professional services as
hereinafter defined.
NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT as
follows:
B. AGREEMENT
1. DEFINITIONS: The following definitions shall apply to the
following terms, except where the context of this agreement otherwise
requires:
(a) Commencement of Services: Consultant agrees to commence work
immediately after the date of the signing of this contract.
(b) Completion of Services: Completion of the Design/Ideas
Competition tasks described in Exhibit A, 1993
2. CONSULTANT AGREES AS FOLLOWS:
(a) CONSULTANT shall undertake and complete the services described in
Exhibit A attached hereto.
3. CITY AGREES AS FOLLOWS:
(a) In consideration of CONSULTANT'S Agreement to perform well and
sufficiently and in a skillful and professional manner the services
contemplated herein, CITY agrees to pay CONSULTANT an amount not to
1 COPY
exceed $7,000. This amount is the Advisor Fee and does not include direct
mailing, printing, etc. costs identified in Exhibit A, which shall be billed or
invoiced separately. Consultant shall be paid in monthly increments of
$700/month over the anticipated 10 month project time frame of June, 1992 -
March, 1993.
4. CITY AGREES TO PROVIDE TO CONSULTANT:
(a) Staff assistance with printing, mailing, and similar tasks on an "as
needed" basis.
(b) Such information as is generally available from CITY files applicable to
the project.
(c) Assistance, if necessary, in obtaining information from other
governmental agencies or private parties. However, it shall be
CONSULTANT's responsibility to make all initial contact with respect to the
gathering of such information.
5. OWNERSHIP OF DOCUMENTS:
All documents, originals, graphic exhibits and correspondence developed or
received during the course of the Ideas/Design Competition shall become the
property of the CITY and shall be delivered to the CITY.
6. STATUS:
CONSULTANT is an independent contractor and shall not be deemed, directly
or indirectly, to be an officer or employee of the CITY.
7. AFFILIATION:
During the length of the St. Vincent's/Silveira Opportunities and Constraints
Study, no member or affiliate of the CONSULTANT or CONSULTANT team
shall be an employee of a property owner of the two properties involved in
the Study.
8. TERMINATION:
(a) The CITY reserves the right to terminate this Agreement at any time by
providing written notification to the CONSULTANT. Should said notification
be received by the Consultant, all work under this Agreement shall
terminate, except for what minor work is required to provide the City with a
clear understanding of work completed and work remaining.
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(b) CITY shall pay CONSULTANT all sums then due and unpaid under this
Agreement, including sums for work not completed, but in preparation.
Payment by CITY of such compensation shall be considered full and final
settlement for all work performed by the CONSULTANT under this Agreement.
(c) Upon receipt of final payment, all materials and documents, whether
finished or not, shall become the property of and shall be delivered to the
CITY.
(d) It is mutually understood and agreed that this Agreement shall be binding
upon the CITY and upon the CONSULTANT, their successors, executors, or
administrators. Neither this Agreement nor any part thereof, nor any
monies due or to become due under this Agreement may be assigned by the
CONSULTANT without the written consent of the CITY.
9. NOTICES OF DESIGNATED REPRESENTATIVES:
Any and all notices, demands, invoices and written communications between
the parties hereto shall be addressed as set forth in this paragraph 9. The
below named individuals, furthermore, shall be those persons primarily
responsible for the performance by the parties under this Agreement:
CITY: Jean Hasser, City of San Rafael Planning Department, PO Box 151560,
San Rafael, CA 94915-1560 415-485-3085
CONSULTANT: William H. Liskamm, 19 Olive Avenue, San Rafael, 94901
Any such notices, demands, invoices and written communications, by mail,
shall be deemed to have been received by the addressee 48 hours after deposit
thereof in the United States mail, postage prepaid and property addressed as
set forth above.
9. INSURANCE AND HOLD HARMLESS:
(a) Consultant shall be responsible to provide automobile, worker's
compensation, health, personal liability and such other insurance as it desires
to protect itself, its employees and subcontractors, at its own expense.
(b) Consultant agrees to hold CITY harmless from and against liability arising
out of CONSULTANT negligence in connection with the performance of the
work described in the attached Exhibit A.
10. ARBITRATION:
All claims or disputes between the Client and the Consultant relating to this
Agreement shall be decided by arbitration in accordance with the rules of the
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American Arbitration Association, conducted in Marin County under the
laws of the State of California. The decision of the arbitrator shall be final and
binding on the parties. In interpreting the provisions of this Agreement, the
arbitrator may make an award of costs and fees, including attorney's fees
necessitated by arbitration.
11. ASSIGNMENT:
No Assignment of this Agreement or of any part or obligation of performance
hereunder shall be made, either in whole or in part, by CONSULTANT
without prior written consent of CITY.
12. GOVERNING LAW:
This Agreement shall be governed by and construed in accordance with the
laws of the State of California.
13. ALTERATIONS:
This Agreement may be modified, as necessary, for the successful and timely
completion of the services to be provided. Any alteration shall be expressed
in writing, as an amendment to this Agreement and shall be approved by
both parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as
of the day and year first set forth ve:
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CITY
City anager
ATTEST:
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APPROVED AS TO FORM
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