HomeMy WebLinkAboutPR 14646: MUSEUM OF CULTURAL ARTS, HOUSTON (MOCAH) - COMMEMORATIVE MARKER PROJECT.~ .
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MEMORANDUM
To: Mayor, City Council,-and City Manager
From: Mark Sokolow; City Attorney ~_„~ ~~t~_/ '
-Date: April 18, 2008
Subject: P. R. No. 14646; Council Meeting April 22, 2008
Attached is P. R. No. 14646 as it pertains to a professional
services ,agreement with .the Museum of Cultural Arts, Houston
(MOCAH) as to the Commemorative Marker Project. Requested by
Councilmember Beard). The proposed source of funding is Council
Contingency Funds. The project is $10,000, plus expenses.
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- Attachment
cc': Reginald Adams
MOCAH
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P. R. No. 14646
04/17/08 gt
RESOLUTION NO.
A RESOLUTION AS IT PERTAINS TO A PROFESSIONAL
SERVICES AGREEMENT WITH THE MUSEUM OF
CULTURAL ARTS, HOUSTON (MOCAH)`AS TO THE
COMMEMORATIVE MARKER PROJECT (REQUESTED BY
COUNCILMEMBER BEARD)
WHEREAS, the Museum. of Cultural Arts, Houston (MOCAH) has
submitted a proposal for consulting services for the Commemorative
Marker Project, as delineated in Exhibit "A" attached hereto.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHIIR:
Section 1. That the facts and opinions in the preamble are
true and correct.
Section 2. That the City Manager is herein authorized
~to execute the attached Professional-Services Agreement. in
substantially the same form as attached hereto as Exhibit "A".
Section 3. That a copy of the caption of this Resolution
be spread upon the Minutes of the Corporation.
READ, ADOPTED AND APPROVED on this day of.
A.D., 2008, at a Meeting of the City Council of
the City of Port Arthur, by the following voter AYES:
Mayor
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NOES:
Mayor
ATTEST:
TERRI HANKS, ACTING CITY SECRETARY
APPROVED AS TO FORM:
,~~
~~~ ~~~~~
CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
CITY MANAGER
APPROVED AS TO AVAILABILITY OF FUNDS:
~~ C ~ ,
DIRECTOR OF FINANCE
(Council Contingency Funds)
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Professional Services Agreement
Proposed Project:
Proposal Submitted by:
Commemorative Marker Projects for the
City of Port Arthur
Museum of Cultural Arts, Houston
(MOCAH) by Reginald Adams,
Executive Director
Proposal Submitted. to: City of Port Arthur
Port Arthur City Council
444 4th St.
Port Arthur, TX 77641
Fee based on Phased Development for Markers within the City of
Port Arthur: '
Hourly Rate not to exceed $10,000 per Marker to incorporate
comments and to facilitate the funding (predevelopment) and
design.thereof. This fee does-not include the actual
construction, production or installation of the Markers for the
City of Port Arthur which could possibly be done by MOCAH at an
additional charge or by other qualified artists/contractors at
the discretion of the City.
Proposed. Services:
We are pleased to submit, for your approval, a proposal for
consulting services on the above referenced project. When
signed. and returned to our office, the following. constitutes
a contract between an authorized representative for the City of
Port Arthur, (Client), and the Museum of Cultural Arts Houston
(MOCAH).
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Scope:
We understand this project to consist of several phases:
fund development, planning consultation, design, and
production/installation of Commemorative Markers for various
areas of the•City (Project). The first phase of the project.
will be for the West Side. Our proposed services will include
an initial site visit to the Work site and organizational
presentation to the City of-Port Arthur Councilmembers. It is
contemplated that Phase 1 as to fund development, planning
consultation and design for the West Side marker could. be
completed by September 1, 2008. The production/installation.
timetable of the marker for the West-Side will be dependant on
the final design that is approved by the City.. Future phases
as to additional markers will be dependant on the availability
of funds from the, City and. the City Council agreeing to provide
Notices to Proceed thereon.
Client hereby retains and employs MOCAH to:
1. Perform an initial site visit(s) to the Work site(s).
2. Make presentation(s) as needed to Port Arthur stakeholders
3. Develop a project narrative and budget for grant writing
and fundraising purposes.
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General Conditions:g
Ownership of specifications,. drawings, reports, work plans,
etc., which MOCAH may prepare for Client, will be vested. in
MOCAH and MOCAH shall be considered the author of said
documents and shall retain all common law, statutory and other
reserved rights to said documents. Client shall have license
to use these documents, ohce full payment has been received,
for the purpose s. and project contemplated: Client may not use
these documents on other projects without the written consent
of, and agreed. compensation to, MOCAH.
The Parties expressly agree that., in case any one or more
provisions of the agreement shall for any reason be held to be
illegal, invalid or unenforceable in any respect, such.
invalidity, illegality, or unenforceability shall not affect any
other provision and this agreement shall be construed as if such
illegal, invalid or unenforceable'provision,had never been
contained in this agreement.
This proposal for consulting services is subject to price
increase if not signed by the Client and returned to MOCAH
within thirty (30) days.
Nothing in the Contract shall be construed to create a
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contractual relationship between MOCAH.and any persons or
entities other than Client.
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It is agreed by the Client/Client's agent that MOCAH will
not be responsible for any amount in excess of one half of 'our
current professional liability policy limits. The minimum
policy limits are:$1,00-0,000.
Thank you for calling on the Museum of Cultural Arts
Houston for this proposal. If you have any questions, please do
:not hesitate to call us.
Signed and Agreed to on this day of 2008.
Museum of Cultural Arts Houston
By Reginald Adams, Executive Director
Signed and Agreed to on this day of 2008.
City of Poit Arthur
By Stephen Fitzgibbons, City Manager
. Date:
This contract is invalid if not signed
and returned within thirty (30)-days.
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