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HomeMy WebLinkAboutResolution No. 5793 (Sculpture for Kids Class)RESOLUTION NO. 5793 A PESOLUTION AUTHORIZING THE SIGNING OF A CO"NTRACT, LEASE OR AGREENFINT THE CITY COWICIL OF THE CITY OF SAN RAFAEL RESOLVES as folloirs: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael a contract, lease or agreement with BERNADETTE D'AMORE, SCULPTURE FOR KIDS AT FALKIRK a copy of which is hereby attached and by this reference made a part hereof. I, JEANNE 1.1. LEONCINI , City Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly intro!ucej and adopted at a regular sleeting of the City Council of said City held on Monday the 5th day of November , 19_7_9_ by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: None None 6J9E;iZ—�N.LE0NCIrC�,Ci y C1 er, fl2�c��YNA L y THE CI -I -Y OF SAN RAFAEL CULTURAL AFFAIRS DEPARTMENT FALKIRK COMMUNITY CULTURAL CENTER 1408 MISSION AVENUE SAN RAFAEL, CALIFORNIA CONTRACTUAL AGREEMENT FOR CULTURAL AFFAIRS PROGRAM PERSONNEL THIS AGREEMENT is made and entered into by and between the CITY OF SAN RAFAEL, hereinafter referred to as "City" and Bernadette D'Amore , hereinafter referred to as "Contractor", both of whom understand as follows: 1. It is agreed that all special programs and classes shall be held in accordance with the schedule as directed by the San Rafael Cultural Affairs Department indicated as follows: a. Description of work Class - Sculpture for Kids ages 6-12 b. To be rendered at Falkirk Community Cultural Center C. Days and time work is to be rendered 6 Wednesdays, November 7 to December 12, 19793 3:00 - 4:00 PM and 4:00 - 5:00 PM 2. It is agreed that the following shall be payment in full to the Contractor for any work rendered hereunder and that payments shall be made as hereunder indicated 70% to Instructor, 30% to Falkirk 3. It is understood that where compensation to the Contractor is based on gross receipts from participants in the City program activity here involved, the charge to the individual participant shall be as follows $18 plus $3 materials fee 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 not covered by Workers' Compensation Law. 5 . It is understood and agreed that the Contractor shall become familiar with and abide by the general policies and procedures of the San Rafael Cultural Affairs Department and Staff in performance of the work described in this proposal. 7. It is agreed that the Contractor shall supply and furnish all necessary work, labor and materials required to carry out this proposal. 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 of 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 Con- tractor 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. 10. Contractor agrees that should he employ personnel to complete his obliga- tions under the terms of this contract, that he will furnish the City proof that he has obtained Workmen's Compensation Coverage for his employees. UNDERSIGNED - OFFER r DATE SUBMITTED: By �&�,, CITY OF SAN RAFAEL DATE ACCEPTED: 7q B LAWRENCE E. MULP.`{AN'; Mayor APPROVED AS TO CONTENT ATTEST: WILLIAM J. I3IELSER, City Manager J NE M. LEONCINI, bity Clerk APPROVED iO S -1-0 FORM EDMUND A . DUGGA&6ity Attorney -2-