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7.1.C. - Page 8 <br /> AGREEMENT FOR ARTISTIC SERVICES <br /> (Insert Name of Artist) <br /> THIS AGREEMENT is made and entered into as of the day of <br /> 2014, by and between the CITY OF REDWOOD CITY, a charter city and municipal corporation of the <br /> State of California ("City ), and , ("Artist"). <br /> RECITALS <br /> City requires certain artistic services. Artist has the necessary experience in providing these <br /> services, has submitted a proposal to City, and has affirmed its willingness and ability to perform such <br /> work. <br /> NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained <br /> herein, the Parties agree as follows: <br /> 1. Scope of Work. Artist agrees to perform those services (the "Services") that are defined in <br /> Exhibit "A," attached hereto and incorporated herein by reference. In the event of a conflict between the <br /> provisions of Exhibit "A" and the terms of this Agreement, the terms of this Agreement shall prevail. City <br /> shall have the right to modify the scope of work to delete tasks in whole or in part. <br /> 2. Term. Unless earlier terminated, the term of this Agreement will commence upon the date first <br /> above written and shall expire upon completion of the Services by Artist. <br /> 3. Compensation. The total fee payable for the Services to be performed will be five hundred <br /> dollars ($500). Payment will be made pursuant to the terms of Exhibit"A." No other compensation for the <br /> Services will be allowed, except for items covered by subsequent amendments to this Agreement. City <br /> reserves the right to withhold a ten percent (10%) retention until City has accepted the Services <br /> specified in Exhibit "A." There shall be no additional charge for expenses unless agreed to by City. <br /> Payment shall occur only after receipt by City of invoices sufficiently detailed to include hourly rates, <br /> hours worked, and tasks performed, unless otherwise agreed to by City. <br /> 4. Status of Artist. Artist will perform the Services as an independent contractor and in pursuit of <br /> Artist's independent calling, and not as an employee of City. Artist will be under the control of City only <br /> as to the results to be accomplished. <br /> 5. Indemnification. Artist will defend, indemnify and hold harmless City, and its officers, agents, <br /> employees and volunteers from and against all claims, damages, losses and expenses including <br /> attorney fees arising out of the performance of the Services, caused in whole or in part by the willful <br /> misconduct or any negligent act or omission of the Artist, any subcontractor, anyone directly or indirectly <br /> employed by any of them or anyone for whose acts any of them may be liable, except where caused by <br /> the sole negligence or willful misconduct of City. <br /> The Parties expressly agree that any reasonable payment, attorneys fee, costs or expense City <br /> incurs or makes to or on behalf of an injured employee under the City's self-administered workers' <br /> compensation is included as a loss, expense or cost for the purposes of this section, and that this <br /> section will survive the expiration or early termination of the Agreement. <br /> 6. Insurance. Artist shall obtain and maintain for the duration of the Agreement and any and all <br /> amendments, insurance against claims for injuries to persons or damage to property which may arise <br /> out of or in connection with performance of the Services by Artist or Artist's agents, representatives, <br /> employees or subcontractors. The insurance carrier is required to maintain an A.M. Best rating of not <br /> less than "A-: VII". <br /> ATTY/AGR/SIRE/AGR/TEMPLATE/ARTIST AGREEMENT (UTILITY BOX MURAL) <br /> REV: 05-02-14 MLG <br /> Page 1 of 7 <br />