The URL can be used to link to this page

Home My Public Portal AboutAgreement_2014-04-15_Historic Resources, Inc_Honorarium AgreementHONORARIUM AGREEMENT This Honorarium Agreement ("Agreement") is hereby entered into as of April 15, 2014 by and between the City of Temple City ("City") a California charter city and municipal corporation, and Historical Resources, Inc. (HRI), a corporation, for the purpose of HRI providing supporting context and historian consulting services to City for the Rosemead Boulevard art walk installation entitled "Temple City Routes." NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties promise, agree, and covenant as follows: 1.0 HONORARIUM In consideration of HRI's time and satisfactory completion of the services specified in the Agreement, City agrees to pay HRI an honorarium of Five Thousand Dollars ($5,000.00). 2.0 SCOPE OF SERVICES HRI shall perform all work necessary to complete the Scope of Services (below) by June 30, 2014. City retains the right to inspect and accept or reject HRI's work under this Agreement. If City rejects the work, City shall specifically identify the deficiencies and provide HRI fifteen (15) days to correct the deficiencies. The Scope of Work is as follows: 1. Conduct historic and photographic research to identify supporting information for 24 mosaic pavers, which may be used by the City as a basis for future public art projects and educational programs. 2. Write historic context in the form of narratives for each of the 24 art pavers for the City to use in print materials and online platforms. 3. Maintain the historic context on the Homestead Museum website as a credible resource for access by the City, museum patrons and the general public. Format historic context as webpages, and update the webpages regularly as research efforts uncover new information. 4. Promote the Rosemead Boulevard art walk on social media platforms and Wordpress blog. Circulate the City's printed promotional materials to museum patrons. 5. Present the final report of the research and historic context at a public meeting of the City's Public Arts Commission on or prior to June 30, 2014. 3.0 GENERAL TERMS AND CONDITIONS 3.1 Independent Contractor Service Provider is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Service Provider shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. 3.2 Temple City Business License HRI shall obtain and pay any and all costs associated with any Temple City Business License, which may be required by Temple City Municipal Code. 3.3 Indemnification HRI shall indemnify, protect, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by HRI or by any individual or entity for which HRI is legally liable, including but not limited to officers, agents, employees, volunteers, or sub -contractors of HRI. The provisions of this section do not apply to claims occurring as a result of City's sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents. 3.4 Termination Either City or HRI may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to the other party. In the event such notice is given, HRI shall immediately cease all work in progress, deliver such work as has been completed to City, and City shall pay such portion of the Honorarium as is proportionate to the work completed. 3.5 Rights to Historic Context HRI retains rights to copy or reproduce HRI's work provide under this Agreement ("Work") and rights under any copyright laws to which the Work may be subject. If a copyright for the Work is registered with the U.S. Copyright Office, HRI shall provide the City with a copy of the application, the registration number and the effective date of the registration. HRI shall grant the City and its successors in interest full use of the completed Work for graphical reproduction and publication in non-commercial uses. HRI further grants the City and its successors in interest the ability to publish photographs for commercial purposes where the Work is only incidental as opposed to the primary subject matter. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first -above written. City of Temple City DCry ZD� 4',yt�^2'Y`-' Don Penman, Interim City Manager Att t wl/V il Peggy K o, City Clerk Approved as to ford v Eric S. Vail, City Attorney Historical By: 7` 1ARE_ZI [r. (t)4 r- Its: UAL" UICNIA ALL-YUICYVNE State of California County of Orange On June 5, 2014 before me, Ashley Ann Wirth, Notary Public DATE NAME, TITLE OF OFFICER-E.G.. "JANE DOE, NOTARY PUBLIC' personally appeared Karen G Wade---------------------------------------------------------------------------- ASHEANN VAR COMM. f 2012559 i NOTARY AE COUAM Ii oR yI Cms. �n 6d 17, 2F17 who proved tom on the basis o satisfactory evidence to be the person(whose name's/are subscribed to the within instrument and aledged to me that heto they executed the s in h /% f/their authorized capac(;), and thby hie /their signaturelj on the instrument the person , or th ntity upon behalf of which the personP acted, executed the instrument. I certify under PENALTY OFIPERJURY under the laws of the State of California that Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TnIF(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL Ej 01 ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IFS) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT I NUMBER OF PAGES DATE OF DOCUMENT N/A SIGNER(S) OTHER THAN NAMED ABOVE