HomeMy WebLinkAboutContracts & Agreements_220-2006_CCv0001.pdf INDEPENDENT CONTRACTOR AGREEMENTu
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This Agreement is made and entered into this 19 thday of(Doe��, 006("Effective Date")
by and between the City of Redlands,a municipal corporation("City"),and�inda Pew,an individual
("Contractor"). City and Contractor are sometimes individually referred to herein as a"Party"and,
together, as the"Parties."
AGREEMENT
Section 1. Artistic Services. In recognition of City's desire to honor families who have
lost loved ones in service of the United States of America, Contractor shall design. for City a one-
half"life size" (approximately three (3) feet tall) two figure, bronze statue (the "Sculpture") and
oversee the casting of the Sculpture (the "Artistic Services"). The Artistic Services shall include,
but not be limited to, Contractor's provision to City of the necessary sketches to delineate both the
concept and pose of the Sculpture, the production of the final clay mold, the casting and finishing
of the Sculpture along with delivery to the City's selected installation site.
Section 2. Payment. City shall pay Contractor the sum of Thirteen Thousand Dollars
($13,000) for Contractor's provision of the Artistic Services. Payment shall be made in three
installments. The first installment of Five Thousand Two Hundred Dollars($5,200)shall be due and
payable within five (5) business days of the Effective Date of this Agreement. The second
installment of Three Thousand Nine Hundred Dollars ($3,900) shall be due and payable upon
completion of, and the City's and Sean Varner's approval of the clay mold. The third installment
of Three Thousand Nine Hundred Dollars(53,900)shall be due and payable on completion,delivery
and installation of finished Sculpture.
Section 3. Design, Casting and Installation.
A. Contractor shall prepare drawing sketches of the Sculpture for City's approval. After
receiving City's approval of the sketches,Contractor shall commence preparation of a physical,clay
model of the Sculpture. Contractor shall be responsible for directly supervising the work to ensure
that the Sculpture is fabricated in accordance with the sketches and the clay model.
B. Upon,completion of the Sculpture,Contractor shall be responsible for its delivery to
City's chosen location. City shall be responsible for the installation of the Sculpture upon a base
provided by City. Delivery of the completed Sculpture shall occur within thirteen(13)months after
the Effective Date of this Agreement.
Section 4. Sales Taxes . City represents to Contractor that the Sculpture is being
commissioned as part of the permanent collection of City, as public art for display to the public in
a public park. Accordingly,Contractor and City agree that City's purchase of the Sculpture is exempt
from state sales tax pursuant to California Revenue and Taxation Code section 6365.
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Section 5. Indemnity. Contractor shall defend, indemnify and hold harmless City, its
elected officials, officers and employees from and against any and all actions, claims, demands,
lawsuits, losses and liability for damages to persons or property, including costs and attorney fees,
that may be asserted or claimed by any person,firm,entity,corporation. I
po itical subdivision or other
organization arising out of or in connection with Contractor's negligent and/or intentionally wrongful
acts or omissions under this Agreement;but excluding such actions,claims,demands,lawsuits and
liability for damages to persons or property arising from the sole negligence or intentionally
wrongful acts of City, its officers or employees.
Section 6. Independent Contractor. It is the express intention of the Parties that
Contractor is an independent contractor and not an employee of City. Nothing in this Agreement
shall be interpreted or construed as creating or establishing a relationship of employer and employee
between City and Contractor. The Parties acknowledge that Contractor is not an employee for State
tax, Federal tax or any other purpose.
Section 7. Discrimination Prohibited. In the performance of this Agreement and in the
hiring and recruitment of employees, Contractor shall not discriminate on the basis of race, creed,
color, religion, sex,physical handicap, ethnic background or country of origin.
Section 8. 'Notices. Any notice to be given pursuant to this Agreement shall be deposited
with the United States Postal Service, postage prepaid and addressed as follows:
CITY: CONTRACTOR:
John Davidson, City Manager Linda Pew
City of Redlands 135 Anita Court
P.O. Box 3005 Redlands, CA 92373
Redlands, California 92373
Nothing in this section shall be construed to prevent the giving of notice by personal service.
Section 9. Assignment. Contractor shall not assign or subcontract any part of the Artistic
Services subject to this Agreement without first obtaining the written consent of City.
Section 10. Modifications. No change or modification of the terms or provisions of this
Agreement shall be deemed valid unless made in writing and signed by the Parties.
Section 11. Governing, Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
Section 12. Entire Agreement. This Agreement represents the entire agreement of the
Parties as to the matters contained herein and supersedes any and all prior written or verbal
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agreements between the parties.
Section 13.Attomevs' Fees. In the event any action is commenced to enforce or interpret
any of the terms or conditions of this Agreement the prevailing Party shall, in addition to costs and
any other relief, be entitled to recovery of its reasonable attorneys' fees, including fees for the use
of any in-house counsel of the Parties.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day and
date first shown at Redlands, California.
CITY OF REDLANDS
BY:
,�6n Harrison, Mayor
ATTEST:
Lor7r* Poyzer, Ci,-.%r ler
By: >
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25 September, 2006
135 Anita Court REC-i
Redlands, Ca.92373
SEP 2 5 2006
The City of Redlands Redlands City Clerk
Avenue
Redlands, Ca. 92373
Dear Sirs:
Herein please find the contract drawn between myself and the City. If it meets with your
approval,please add your signature to mine and send a copy along with a check for the first 40%
of total cost of the project, so that I may begin construction of the bronze sculpture.
Thank you. -- ---
Linda w
LINDA PEW
BRONZE SCULPTOR
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Studio & Gallery
135 Anita Court
Redlands, CA 92373
Phone: (909) 793-4556
CONTRACT
The City of Redlands, California, commissions Linda Hundevadt Pew to create a �l2 life-size
(approximately 33-37"high by 26"wide by 26"deep), full around bronze sculpture in recognition
of families who have lost a lived one in service to the United States of America.. The bronze
will display a woman presenting folded military flag to her young son, as depicted in a pre-
approved drawing.
The cost of the 2-figure sculpture will be° 13,000.00. Base and dedication plaque are not
included in the cost of the sculpture. It is re� gmmended that the base dime ions should be a
minimum height of 48", and 28" wide by 28" cle�ep. �
The payment schedule is as follows:
1. 40%of total cost, or$5200.00, to be paid prior to commencement of work, which would
Begin within 1 month of the signing of the contract/by bath parties.
2. 30%of total cost, or $3900.00,to be paid on. iproval of finished clay by the City of Redlands
And Sean Varner.
3. 30%of total cost, or$3900.00,to bd paid on completion, delivery,-and installation of the
Finished bronze. �
The sculpture will be completed by 13 months from the date of the signing of the contract,
barring unforseen circumsinces, and it may be completed before that time.
This contract is considered null and void without s' atures of both artist-and purchaser.
Signature of
gn ist_--__
Signature of purchaser-------------
Date of final signature-------------------------------
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