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Reso 2005-774
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Reso 2005-774
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Last modified
5/17/2021 11:59:01 AM
Creation date
1/25/2006 1:57:50 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2005-774
Date (mm/dd/yyyy)
03/10/2005
Description
– Agmt w/FDF Designs Studio for Artwork at Samson Oceanfront Park.
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<br />actually perfonned, completed and accepted pursuant to this Agreement, which amount shall be the sum total <br />accepted by ARTIST as full compensation for the Project. No amount shall be paid to ARTIST for <br />reimbursable expenses. <br /> <br />4.2 ARTIST may submit invoices for compensation no more often than on a monthly basis, but only after the Work <br />for which the invoices are submitted has been completed. An original invoice plus one copy is due within <br />fifteen (15) days of the end of the month, except the fmal invoice which must be received no later than sixty <br />(60) days after completion of all Work by ARTIST. Invoices shall designate the nature of the services <br />perfonned and/or the expenses incurred. A written progress report shall accompany each invoice, describing <br />the Work completed during that period. <br /> <br />4.3 CITY shall pay ARTIST for Work satisfactorily perfonned and accepted by the Contract Administrator, within <br />thirty (30) calendar days of receipt of ARTIST's proper statement. To be deemed proper, all invoices must <br />comply with the requirements set forth in this Agreement and must be submitted on the fonn and pursuant to <br />instructions prescribed by Contract Administrator. <br /> <br />4.4 Notwithstanding any provision of this Agreement to the contrary, CITY may, at the sole discretion of the <br />Contract Administrator, withhold, in whole or in part, a portion of any or all payment due under the Agreement, <br />to the extent necessary to protect itself from loss on account of inadequate or defective work which has not been <br />accepted by Contract Administrator, and has not been remedied or resolved in a manner satisfactory to Contract <br />Administrator. <br /> <br />4.5 Payment shall be made to ARTIST at the business address provided by the Artist. <br /> <br />ARTICLE 5 <br />CHANGES IN SCOPE OF SERVICES <br /> <br />5,1 Any change to the Scope of Services must be accomplished by a written amendment, executed by the parties in <br />accordance with Section 12.16, <br /> <br />5.2 The ARTIST shall, whenever required during the tenn of this Agreement, present to Contract Administrator, in <br />writing, drawing or other appropriate media, for further review and approval, any significant changes in the <br />scope, design, color, size, material, utility and support requirements, texture, or location of the Site or of the <br />Project. A significant change is any change that affects the size, quality, installation, scheduling, Site <br />preparation or maintenance of the Project, or the concept of the Project as represented in the original approved <br />design, <br /> <br />ARTICLE 6 <br />ARTIST'S WARRANTIES <br /> <br />6.1 The ARTIST warrants that (a) the Project being commissioned is the original product of the ARTIST's own <br />creative efforts; and (b) unless otherwise stipulated, the Project is original, or in other words, an edition of one <br />(I), <br /> <br />6.2 The ARTIST warrants that reasonable maintenance of the Project will not require any extraordinary procedures; <br />or the expenditure of substantial funds by the City and that ARTIST shall deliver the Project to the CITY free <br />and clear of any liens from any source whatsoever. <br /> <br />6.3 The ARTIST warrants that he shall faithfully perfonn the Work in accordance with standards of care, skill, <br />training, diligence and judgment provided by highly competent professionals who perfonn work of a similar <br />nature, <br />
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