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Home My WebLink AboutCC Resolution 6973 (Drunk Driver Program)RESOLUTION NO. 6973 A RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael, a contract, lease or agreement with JAN FORD PUBLIC RELATIONS, 156 UNIVERSITY AVENUE, SUITE 203, Palo Alto, California, 94301 for $18,350 for publicity for "Avoid the 13" (Drunk Driver) Program. a copy of which is hereby attached and by this reference made a part hereof. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly intro- duced and adopted at a Regular meeting of the City Council of said City held on Monday the Nineteenth 19 84 , by the following vote, to wit: day of November AYES: COUNCILMEMBERS: Breiner, Nave, Russom and Mayor Mulryan NOES: COUNCILMEA113ERS : None ABSENT: COUNCILMEMBERS: Councilmember Frugoli ANNE M. LEONCINI, City Clerk �� AL JAN FORD Public Relations 156 UnivL:fsity Avenue, Suite 203 ^ Palo Alto, California 94301 (415) 324-9434 AGREEMENT for the provision of personal services with Jan Ford Relation to the 1984-1985 Avoid the 13 campaign Marin County, California This is an agreement made between Jan Ford, herein referred to as "Contractor," and the San Rafael Police Department, relating to the engagement of said Contractor for services relating to the 1984-85 Avoid the 13 campaign as designated herein. Rpri to 1 q 1. The Avoid the 13 campaign in Marin County will begin Friday, Dec. 21, 1984 at one minute past midnight and end at midnight Wednesday, Jan. 2, 1985. 2. The San Rafael Police Department is the responsible agency for providing funds for contractural services of a public relations firm. 3. Contractor has, since 1976, served as the public relations consultant to the Avoid the 13 campaign in Santa Clara County. 4. Contractor is willing to be engaged by the San Rafael Police Department and San Rafael Police Department is willing to engage Contractor- according to the terms, covenants and conditions herein set forth. Section One Engagement San Rafael Police Department hereby engages Contractor- to provide services as described in Attachment A, the public relations campaign outline, and Contractor hereby accepts and agrees to such engagement, subject to the advice and direction of the chairman of the Avoid the 13 campaign. Except as otherwise specified herein, the Contractor shall be bound by a1.1 the provisions in Exhibit A, which is attached hereto, and is incorporated by reference as if set forth at length herein. Section Two Term of Contract The term of -this agreement shall be a period of three months: November, 1.934 December, 1984 January, 1985 Section Three Compensation San Rafael Police Department shall pay Contractor, and Contractor shall accept from San Rafael Police Department for payment of the following services: Category 1 --Avoid the 13 Planning Category 2 --Media Interview Tour Category 3 --News Bureau e Category 4 --Editorials Category 5 --News Coverage Category 6 --Campaign Wrapup Public relations fee for this program will be $14,750. Expenses are expected to be $3,600. Contractor will submit three monthly invoices for $6,116.66 and will return any unspent expense funds. Section Four Invoices Contractor shall submit invoices to San Rafael Police Department according to the following schedule: December 1, 1984 January 1, 1985 February 1, 1985 Section Five Hold Harmless The Contractor shall indemnify and hold harmless the San Rafael Police Department, its officers, agents and employees from any and all loss, injury, damage, claims, demands, suits or judgments, including the cost of defense thereof, arising from the acts or omissions of the Contractor, its officers, agents and employees in connection with any activity referred to in this agreement, except such loss, injury or damage caused by acts of omissions of the officers, agents and employee of the San Rafael Police Department. Section Six Termination San Rafael Police Department may terminate this agreement by written notice at any time for Contractor's violation of any rule, regulation or law of County, State or Federal Government relating to the services provided herein; or for any failure of Contractor to perform any agreement, duty or obligation under this agreement. Notwithstanding the above, the San Rafael Police Department or Contractor may terminate this agreement at any time by giving the other party 14 days' written notice of termination. If San Rafael Police Department or Contractor terminate this agreement pursuant to the provisions of this section or for any reason referred to herein, San Rafael Police Department shall only be liable to pay Contractor for work performed prior to the date of termination, less the amount of any advances theretofore paid, and San Rafael Police Department may collect any balanced owed to it by Contractor. Section Seven Agreements Outside of Contract This contract contains the complete agreement concerning the contractural arrangement between the parties and shall, as of the effective date hereof, supersede all other agreements between parties. The parties stipulate that neither of them has made any representation including the execution and delivery hereof, except such representations as are specifically set forth and each of the parties hereto acknowledges that she or it has relied on its own judgment in entering into this agreement. The parties hereto further acknowledge that any payments or representations that may have heretofore been made by either of them to the other are of no effect and that neither of them has relied thereon in connection with her or its dealings with the other. Section Eight Modification of Contract No waiver or modification of this agreement or of any covenant, condition or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith and no evidence of any waiver or modification shall be offered or received in evidence of any proceeding, arbitration, or litigation between the parties hereto arising out of or affecting this agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed as aforesaid, and the parties further agree that the provisions of this section may not be waived except as herein set forth. Section Nine Relationship of the Parties The Contractor understands and agrees that this is an agreement by and between two independent contractors nd is not intended to and shall not be construed to create the relationship of agent, servant, employee, third -party beneficiary, partnership, joint venture or association with the other party herein, or any other parties, persons, corporations, partnerships or associations, unless with the express written consent of the San Rafael Police Department. IN WI`T'NESS WHEREOF, the parties have executed this agreement at San Rfael, California, this November 19, 1984 fi SAN`R4�AEL P,4IJICE DEPARTMENT CITY OF SAN RAFAEL CONTRACTOR" jI ----------—f d=iril Jan Ford — Lawrence E. Mulryan, Mayor Attest: Je ne M. Leoncini, City Clerh