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HomeMy WebLinkAboutResolution No. 5766RESOLUTION NO. 5766 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 NORTH BAY OPERA ENSEMBLE FOR PERFORMANCE OF "THE STUDENT PRINCE" AT THE SAN RAFAEL COMMUNITY CENTER a copy of which is hereby attached and by this reference made a part hereof. I, JEANNE M. LEONCINI, City 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 Mondav the seventeenth. following vote, to wit: day of September 197.c _ by the AYES: COUNCILMEMBERS: Breiner, Miskimen & Acting Mayor Jensen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Nixon & Mayor Mulryan 6 A1 M. LEONCINI, C ty Clerk CITY OF SAN RAFAEL RECREATION DEPARTMENT SAN RAFAEL, CALIFORNIA CONTRACTUAL AGREEMENT THIS AGREEMENT is made and entered into by and between the CITY OF SAN RAFAEL, hereinafter referred to as "CITY" and NORTH BAY OPERA ENSEMBLE hereinafter referred to as "CONTRACTOR", both of whom understand as follows: 1. It is agreed that the terms of the Agreement are as follows: a. Description of work Performance of "The Student Prince" b. To be rendered at San Rafael Community Center C. Days and time work is to be rendered Friday, Saturday and Sunday - October 26, 27 and 28. d. Program will commence on October 26, 1979 e. Program will terminate on October 28, 1979 2. It is agreed that the following shall be payment in full to the undersigned for any work rendered hereunder and that payments shall be made as hereunder indicated 750 to North Bay Opera Ensemble and 250 to City of San Rafael. Contractor to be paid the first City payday after last performance. 3. It is understood that where compensation to the undersigned is based on gross receipts from participants in the City program activity here involved, the charge to the individual participant shall be as follows: $5.50, $6.50 and $7.50 4. It is agreed that a minimum number of registered program participants shall be required and that the individual fees charged participants shall cover the operational costs-related;to.the activity. 5. It is understood that Contractor is an independent contractor, not an employee, and therefore, Contractor and Contractor's employees are not covered by Workers' Compensation Law or State Unemployment Insurance. 6. It is agreed that the undersigned shall supply and furnish all necessary work, labor and materials required to carry out this proposal. 7. This Agreement may be amended or terminated by the mutual consent of the parties hereto and may be cancelled by either party upon 15 days' notice. f 8. It is understood that the City shall have the right to terminate this Agreement at any time it is determined that the conditions of this Agreement have not been adhered to or that its continuation is not in the best interest of the City. 9. Contractor hereby agrees to, and shall, hold City, its officers, agents and employees, harmless and indemnify from any liability for damages or claims for personal injury or property damage or claims for personal injury or property damage, which may occur as a result of any action of the Contractor or his employees or agents, and Contractor agrees to and shall defend City and its officers, agents and employees from any suits or actions at law by any person including Contractor or his employees or agents for damages caused, or alleged to have been caused by any reason occurring as a result of services or action by the Contractor. UNDERTIGNED - OFFER DATE SUBMITTED l �/Z3 h By /��. > ' _`�X-le C-0 r CITY OF SRAFAR DATE ACCEPTED September 17 1979 By� F J�ENSEN, Acting Mayor ATTEST: Uq&EM.�LEON�CIRI , ITY CLERK APPROVED AS TO CONTENT: WILLIAM J./BIELS�R; CITY MANAGER APPROVED AS TO FORM: EDMUND A. DUGGAN, CITY A TORNEY -2-