244687 � 244�8�
'OR161NAL TO CITY CL6RK
, CITY OF ST. PAUL FOENCIL NO.
OFFICE OF THE CITY CLERK
UNCIL RESO UTION—GENERAL FORM
PRESENTED BY
COMMISSIONE DATF
RESOLVED, That the proper City officers are hereby authorized
and directed to enter into an agreement between the City of Saint
Paul and Westburg-Klaus Associates, Inc. for design services
regarding the decorating of the Sun Ray Branch Library, a copy
of said agreement is hereunto attached and made a part hereof.
Fa APPROVED
_
Asst. Corp�rstio� Co 1
JUN 2 7 1969
COUNCILMEN Adopted by the Council 19—
Yeas �vays � JUN 2 7 1969
Carlson
Dalglish Approved 19�_
Meredith
n Favor
Sprafka G
,�pp Mayor
Tedesco A gainst
,�`� PUBUSHED JUL 5 196�
�Mir. V�c� PresidKt (Poter�oS}
�
�44�8�
DUPLICAT6 TO PRINTSR �
CITY OF ST. PAUL FOENCIL NO.
OFFICE OF THE CITY CLERK
COUNCIL RESOLUTION-GENERAL FORM
PRESENTED BY
COMMISSIONER DATF
ftESOLV�D, That the proper City officera are hereby authorized
and direeted to enter into an agreement between the City af Saint
Paul and Westburg—K1aus Associates, Inc. for design aervice�
regarding the decorating of' the Sun Ray Branch Library, a eopy
of said agreement i� hereunto +��tached and made a part hereof.
JUN 2 �' 1�69
COUNCILMEN Adopted by the Council 19_
Yeas Nays
Carlson / `�u� � fg �"��'�
Dalglish (� Approved 19—_
�v,
Meredith Tn Favor
Sprafka � J Mayor
Tedeaco A gainat
�'� � ,.��.����,a���7�•�." � .
Y '�}:,r:s
Nfr. V3ca I'xe�lr��eitt (1"rter�ib�i!)
�
., Y
� , '
�
AGREEMENT 24��8�y
/
THIS AGREEMENT, made and entered into on this day
of . , 1969, by and between Westburg—Klaus Associates,
Inc. , a Minnesota corporation, party of the first part, herein—
after referred to as "Designer" , and the City of Saint Paul ,
a municipal corporation of the State of Minnesota, party of
the second part, hereinafter referred to as the "Owner" .
WHEREAS, The Owner intends to decorate, furnish and equip
the Sun Ray Branch Library;- and
WHEREAS, The Designer has submitted a description and resume
of services dated April 4, 1g69; ,
NOW, THEREFORE, The Designer and the Owner, for the considera— ,
tion hereinafter set forth, mutually agree as follows:
j
ARTICLE I .
PROJECT
The Owner contemplates the decorating, furnishing and equiping
of the Sun Ray Branch Library in the City of Saint Paul , hereinafter
referred to as the Project.
ARTICLE II
COMPENSATION
In consideration for services to be provided hereunder,
the Owner agrees to pay the Designer ten per cent (lOf) of the
furnishings purchased for the basic services rendered as ciefined
below upon completion of the Project.
ARTICLE III
BASIC SERVICE5
In consideration of the above compensation, the Designer
agrees to provide the following basic services:
s
_.
_ .. , .
A. COLOR PLANNING
1 . Conce t and Material Planning
Color Selection.
Correlation of interior with exterior
materials.
Preparation of color and materials media.
Presentation of color and materials �media
to Owner. •
. 2. Color Schedule
Written specifications.
Graphic References - floor plans, and,
if required, elevations.
Supervision.
B. INTERIOR DESIGN
Interior Design shall include total interior
� furnishings to be programmed as follows: �
l . Research and Programming �
Survey and analysis of requirements,
f including any existing furniture to
be used.
Environmental survey.
Budget finalization.
2. Layout and Visualc'Resentation
Furnishings Layouts, including the following:
Function
- Space Planning
Traffic Flow
Lighting .
Color and correlation of interior furnishings
with exterior �naterials.
3. Selection
. Furnishings to be selected from all product
sources available. �
4. Biddin� .
Preparation of written specifications
and bidding documents pursuant to the
Charter of the City of Saint Paul and
the Saint Paul Legislative Code.
. 2
�
_ _ _
... . y
_
` ..♦ . .. .. . . .... .... . ..._. . .
5. Supervision
Coordination of the furnishings installed.
ARTICLE IV
FAIR EMPLOYMENT PRACTICE
The Designer shall be deemed a contractor for the application
of all provisions hereof and laws against unlawful discrimination
of account of race, creed or color hereunder.
The Designer agrees, in accordance with Chapter 238, Laws
of the State of Minnesota for 1941 , that in the hiring of common
or skilled labor for the performance of any work under this
• contract or 'any sub-contract hereunder, no co�tractor, material �
supplier, or vendor sY�all , by reason of race, creed or color,
discriminate against any person who is a citizen of the United
States who is qualified and available to perform the work to
which such employment relates; that no contractor, material
supplier, or vendor under this contract shall in any manner
discriminate against, or intimidate, or prevent the employment
of any person, or on being hired, prevent, or conspire to prevent,
any person from the performance of work under this contract
on account of race, creed or color; and that this contract may
be cancelled or terminated by the Owner, and ally moneys due or
to become due hereunder shall be forfeited for a second or any
subsequent violation of the terms or conditions of this contract.
This contract is subject to Title VI of the Civil Rights
Act of 1g64 (P. L. 88-352, approved July 2, 1964) and the rules
and regulations (24 CFR, Subtitle A, Part 1) , issued by the
Housing and Home Finance Agency pursuant thereto.
ARTICLE V � �
MAXIMUM PROJECT COST
The maximum cost to the Owner shall not exceed Eight Thousand
Dollars (�8,000) for such basic services as set forth in Article III.
3
__ - , . , �
ARTICLE VI
TERMINA'PION OR SUSPENSION
The Owner may at any time terminate or suspend, upon seven
(�) days ' notice, all or any substantial part of the Designer' s
services to be furnished hereunder. The Designer shall be notified
in writing by the Owner of the termination or suspension of the
De�igner ' s services and thereupon such services shall be halted
immediately. In such event the Designer shall be entitled to �
"just and equitable compensation" for all services rendered
but limited to those services specifically authorized in accordance
with the terms of this agreement prior to the date of termination
or suspenslon. _ , �
ARTICLE VII
J
ASSIGNMENT
Neither the Owner nor the Designer shall assign, sublet
or transfer his interest in this agreement without the written
consent of the other.
IN WITNESS WHEREOF, The parties hereto have executed this
agreement the day and year first above written.
In Presence Of: WESTBURG-KLAUS ASSOCIATE5, INC.
� ' �. "�%�,�,�- _ �
� , ��
. CITY OF SAINT PAUL
Mayor
Fo rJ�-�Ap p r ov e d: �'�,�1�����
F / �-
1/
� Commissioner of Libraries ,
Assistant Corporation Counsel Auditorium and Civic Buildings
�.....
City Clerk
Approved as to form of execution,
this day of , 1969.
Countersigned:
Assistant Corporation Counsel �
City Comptroller
4