Poe, Robert/Design Consultant 08
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CONSULTING AGREEMENT
THIS AGREEMENT is made and entered into this '2... day of ~~ l 2008,
by and between ROBERT POE, 540 E Palm Ave Unit L, Burbank, CA 91501 hereinafter
referred to as "Consultant," and the CITY OF LA QUINT A, a California municipal
corporation, 78-495 Calle Tampico, La Quinta, CA 92253, hereinafter referred to as
"City."
WHEREAS, the City is in need of design services and advice related to exhibit
furniture and materials at the La Quinta Museum; and
WHEREAS, Consultant is specially trained, experienced and competent to
provide the special services and advice required; and
WHEREAS, such services are needed on a limited basis.
NOW, THEREFORE, the parties hereto agree as follows:
1. SERVICES TO BE PROVIDED BY CONSULTANT: Provide assistance to the
Museum Services Manager regarding the following:
a) Design of the layout of three Museum galleries, two upstairs and one
downstairs;
b) Review bids for gallery furniture and exhibit equipment, and recommend
vendors;
c) Provide plans and instructions for building special equipment for the
exhibits;
d) Recommend specialists to install three galleries;
e) Fabricate custom mounts for exhibit objects.
2. The Consultant will commence providing services under this AGREEMENT on
the date this AGREEMENT is signed, and will diligently perform as required and
complete performance by May 30, 2008. Plans and renderings for equipment
and mounts are to be submitted before April 4, 2008 to allow adequate time for
ordering and fabrication.
The Consultant will perform said services as an independent contractor and not
as an employee of the City. Consultant shall be under the control of the City as
to the result to be accomplished and not as to the means or manner by which
such result is to be accomplished.
3. The City will prepare and furnish to the Consultant upon request such
information as is reasonably necessary to the performance of the Consultant to
the AGREEMENT.
4. The City shall pay the Consultant an amount not to exceed Two Thousand, Five
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. .
Hundred Dollars ($2,500), at the rate of $80 per hour, which includes any and
all expenses for services rendered pursuant to this AGREEMENT. All purchases
for the project whose costs exceed $2,500 must be submitted with three
competitive bids for review and approval by the Museum Services Manager.
Any month in which Consultant wishes to receive payment, Consultant shall
submit to the City no later than the tenth (10th) working day of such month, in
the form approved by the City's Finance Director, an invoice for services
rendered prior to the date of the invoice. Such invoice shall (1) describe in
detail the services provided, including time and materials; and (2) indicate the
total expenditures to date. City will pay Consultant for all expenses stated
thereon which are approved by City pursuant to this Agreement no later than
the last working day of the month.
5. The City may at any time for any reason terminate this AGREEMENT and
compensate Consultant only for services rendered to the date of termination.
Written notice by the City Manager shall be sufficient to stop further
performance of services by Consultant. The notice shall be deemed given when
received no later than three days after the day of mailing, whichever is sooner.
6. Consultant agrees to and shall hold harmless and indemnify the City, its
officers, agents, and employees from every claim or demand and every liability
or loss, damage, or expense of any nature whatsoever, which may be incurred
by reason of:
(a) Liability for damages for death or bodily injury to person, injury to
property, or any other loss, damage or expense sustained by the
Consultant or any person, firm or corporation employed by the
Consultant upon or in connection with the services called for in this
AGREEMENT except for liability for damages referred to above which
result from the sole negligence or willful misconduct of the City, its
officers, employees, or agents.
(b) Any injury to or death of persons or damage to property, sustained by
any persons, firm, or corporation, including the City, arising out of, or in
any way connected with the services covered by this AGREEMENT,
whether said injury or damage occurs either on or off city property,
except for liability for damages which result from the sole negligence or
willful misconduct of the City, its officers, employees, or agents.
The Consultant, at consultant's expense, cost, and risk, shall defend any and all
actions, suits, or other proceeding that may be brought or instituted against the
City, its officers, agents, or employees or any such claim, demand, or liability
and shall payor satisfy any judgment that may be rendered against the City, its
officers, agents or employees in any action, suit, or other proceedings as a
result thereof.
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7. The AGREEMENT is not assignable without written consent of the parties
hereto.
8. Consultant shall comply with all applicable federal, state, and local laws, rules,
regulations, and ordinances including workers' compensation.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be
executed.
CITY OF LA QUINTA, a California municipal
corporation
Dated:
~;;;;~
THOMAS P. GENOVESE, City Manager
"CITY"
Dated:
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By:
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Name: ROBERT POE
FederallD or SSN: 3'"0 -10-'2..508
"CONSULTANT"
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