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HomeMy WebLinkAboutCC Resolution 7743 (Falkirk Cultural Center)IS RESOLUTION NO. 7743 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR PROFESSIONAL SERVICES AT FALKIRK NOT TO EXCEED $2,000 WITH ABR ASSOCIATES WHEREAS, due to the vacancy in the Curator position at Falkirk there is not the staff to plan, organize, and carry out Falkirk's Thirteenth Annual Juried Exhibition; and WHEREAS, the City Council and Cultural Affairs Commission wish to have Falkirk's Thirteenth Annual Exhibition which features work of artists from the community; and WHEREAS, Ann Batman, Barbara Fuchs, and Robyn Prud'homme-Bauer through their firm, ABR Associates, have submitted a proposal to plan, organize and execute Falkirk's Thirteenth Annual Juried Exhibition for a cost not to exceed $2,000. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of San Rafael hereby authorizes the City Manager to execute a contract with ABR Associates for professional services at Falkirk not to exceed $2,000, said contract to be reviewed by the City Attorney's Office. I, JEANNE M. LEONCINI, Clerk 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 City Council of said City held on Monday, the 20th day of June, 1988, by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEAN �4,� LEONCINI, City Clerk ORIGINA1 -1>�3 AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is made and entered into the 20th day of June, 1988, by and between the CITY OF SAN RAFAEL (hereinafter referred to as City) and ABR Associates (hereinafter called Consultant). A. Scope of Work: In accordance with this Agreement, the Consultant agrees to plan, organize and produce Falkirk's 13th Annual Juried Exhibition. These services will be performed according to the schedule and work tasks outlined in Exhibit A. B. Direction: The Consultant, in performance of the Scope of Work referred to above, will work under the direction of the Cultural Affairs Supervisor. It is understood and agreed that the Consultant is, and at all times shall be, an independent contractor and nothing contained herein shall be construed as making the Consultant, or any individual whose compensation for services is paid by the Consultant, an agent or employee of the City, or authorizing the Consultant to create of assume any obligation for or on behalf of the City. C. Payment of Fees and Expenses: The cost of fees and expenses for the work outlined in Exhibit "A" will not exceed $2,000. The City will make payments to the Consultant upon receipt of progress invoices, representing the actual cost of fees and expenses to the date of the invoice. D. Terms: The term of this Agreement shall be through October 15, 1988. Either party may terminate, with or without cause, by giving the other party thirty (30) days written notice. In the event of Agreement termination, the City shall pay Consultant all sums due and unpaid under this Agreement. Payment by City of such compensation shall be considered full and final settlement for all work performed by the consultant and this Agreement. All completed reports and other documents and materials described in Attachment A shall become the property of the City. E. Arbitration: Consultant and City agree to submit any claims arising under this agreement to binding arbitration pursuant to the current provisions of the California Code of civil Procedure and any successor statutes. �IZ-3 �/-_3-200 COIP--y F. Hold Harmless: Consultant agrees to defend, indemnify, protect, and hold City and its agents, officers, and employees, harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to consultant's employees, agents or officers which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of consultant and his agents, officers or employees, in performing the work or services herein described and all expenses of investigating and defending against same; provided, however, that consultant's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers, or employes. G. 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, City and Consultant have caused their authorized representatives to execute this Agreement the day and year first written above. ATTEST: (,, CITY�OF SAN �RA,FAEL NNE M. LEO CINI PAMELA J. NItOLAI City Clerk Curr MLrnfhagerPPROVAS TE VAUgfl STRATFO Dir tor, Cul ral Affairs APPROVED AS TO FORM: CJS .- GAR� T.'RAGGHIANTI, City- Attorney J OVEJ A5 TO CONTENT: CAROL ADNEY Supervisor, Cultural Mairs CONSULTANT: ABR�`,y�,y,`t Ann Batman Barbara Fuchs Robyn Prud'homme-Bauer