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HomeMy WebLinkAboutContracts & Agreements_74-2003_CCv0001.pdf INDEPENDENT CONTRACTOR AGREEMENT This Agreement is made and entered into this 6th day of May,2003 by and between the City of Redlands, a municipal corporation, ("City") and Christine Curry ("Contractor"). AGREEMENT Section 1. Artistic Services. Contractor is hereby retained to paint a decorative mural in the recessed L-shape area behind the newly planted Indian Laurel Tree on City's parking structure located on Citrus Avenue,between Fifth and Sixth Streets,which would include both a northern and eastern facade (the "Artistic Services"). The mural shall be as depicted as in the drawing which is attached hereto as Exhibit "A." Section 2. Payment. City shall pay Contractor the sum of One Thousand One Hundred Dollars($ 1,100)for the Artistic Services provided under this Agreement. Payment shall be made upon completion of the mural and acceptance by City. Section 3. Rights to Mural. Contractor agrees that she relinquishes any and all rights Contractor may have under Federal and State law to the mural and acknowledges that City shall, in its sole discretion,have the right to reproduce the mural in any medium or format,modify the mural, or remove the mural from the parking structure without the consent of Contractor. Section 4. 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,political subdivision or other organization arising out of or in connection with Contractor's negligent and/or intentionally wrongful acts or omissions under this Agreement. Section 5. Independent Contractor. It is the express intention of the parties hereto 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. Both parties acknowledge that Contractor is not an employee for State tax, Federal tax or any other purpose. Section 6. 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. 1:%ca\1ern,Agrcernents\Park-ing Structure NIural.wpd Section 7. 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 Christine Curry P.O. Box 3005 11460 Terracina Blvd. Redlands, California 92373 Redlands, CA 92373 Nothing in this paragraph shall be construed to prevent the giving of notice by personal service. Section 8. Assig , nment. Contractor shall not assign or subcontract anypart ofthe Artistic Services without first obtaining the written consent of City. Section 9. Modifications. No change or modification of the terms or provisions of this Agreement shall be deemed valid unless made in writing and signed by both parties. Section 10. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Section 11. Entire Agreement. This Agreement represents the entire agreement of the parties hereto as to the matters contained herein and supersedes any and all prior written or verbal agreements between 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: Karl N. Haws, Mayor ATTEST: Lorri oyz�errd��(qerk BY: Christine Curry 1:"ca\letn'vlgreements',Parking Structure Mural.kvpd 2 e � ti