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