Tuesday, September 22, 2009

I'll drink (responsibly) to that!

"Jack", one of ten Clydesdale's (Bud has a total stable of 250), gets groomed.

So after this past weekend's pernicious public safety problem with alcohol and college kids who do not know how to consume it responsibly where Amherst Fire Department actually took the extraordinary measure of issuing a public statement saying they were overwhelmed by ambulance calls, it's unfortunate that those regrettable incidents may reflect badly on these majestic creatures.

The Clydesdales are in town (actually they are stabled in Hadley) for Amherst's 250th Parade on Sunday and this Thursday night will dominate the downtown as they deliver a case of beer to a dozen downtown bars/package stores. And yes, the company is paying for Amherst Police to escort the wagon and do traffic control.

I will be there with both daughters.

Support vehicles

Jada and "Barley" another Budweiser icon.

21 comments:

'bach said...
This comment has been removed by the author.
Anonymous said...

how much money are they wasting on thaat parade anyways?

they should have paid sendelbach.

LarryK4 said...

Only comes around once ever 250 years.

Consider the Parade (the way Bud considers the tremendous expense of the Clydesdale's) as an image, marketing, PR kind of thing.

Anonymous said...

'bach,

When I looked at your site it was clear from the correspondence that you had not been hired. You got reprimanded for trying to raise money for it on your own. This was not something that was funded and you clearly knew it at the time.

'bach said...
This comment has been removed by the author.
'bach said...

just found this....notice the shear coldness of shaffer's comments.

Artist makes appeal for pay for his installation
By Scott Merzbach
Staff Writer
Published on September 11, 2009

A local artist celebrated for works that include the "Crossroads Salamander" on the common in Cushman is taking town officials to task for not paying him $7,500 for designs he created for an installation related to the town's 250th anniversary.

John Sendelbach has created a Web site documenting his frustrations after he was allegedly commissioned to create artwork near the entrance to the Amity Street parking lot. Sendelbach claims he spent more than 125 hours designing a piece that would be at the entrance to the site of the historic Amherst Academy, where Emily Dickinson went to school.

Town Manager Larry Shaffer said town government has formal contracts and ritualized procedures, and that no one on the 250th Anniversary Committee could make a financial commitment to Sendelbach on behalf of the town.

In fact, Shaffer said no one should expect payment from a town without a contract or pay order.

"Mr. Sendelbach will not be paid a dime by the town," Shaffer said.

Many professionals in the community donate their time and advice for projects, Shaffer said, and that was the assumption with Sendelbach's work, even after he provided a model of his planned work.

Correspondence between Sendelbach and town officials, as well as illustrations of his work, can be found at amherst250.blogspot.com.

'bach said...

"Many professionals in the community donate their time and advice for projects, Shaffer said, and that was the assumption with Sendelbach's work, even after he provided a model of his planned work."


and that is exactly what i proposed at the first meeting i had with them...however, terry rooney jumped in and exclaimed that the artist must get paid for his work. a sentiment that was supported by others at that meeting, and in many subsequent meetings as well. i had no reason to believe that i wouldn't get paid...especially after i delivered a fees to date synopsis in january 2008, and they continued to ask for more work. that is an implied contract, as would be evidenced by adrienne terrizzi's email concerning our phone discussions later that spring...

From:

"Adrienne Terrizzi"

To:
"John Sendelbach"
Good am, John,

Actually relieved that you've not written to Barry yet. Got to thinking and want to pass something on to you. Suppose you hold off including the cost estimate when you send your recent sketch model. Tell him you'd like to discuss this when you meet with him. He''s be more knowledgeable and is in a better position to advise on artist fee.. I know he'll be fair, assist in working out a fee and payment schedule, as well as to what he thinks the acceptance/not will be by the committee should you change from the original $6000 to $7500, a point I know will be raised by some.
.
Whaddya' think?
Adrienne.




QUANTUM MERUIT - As much as he has deserved. When a person employs another to do work for him, without any agreement as to his compensation, the law implies a promise from, the employer to the workman that he will pay him for his services, as much as be may deserve or merit. In such case the plaintiff may suggest in his declaration that the defendant promised to pay him as much as he reasonably deserved, and then aver that his trouble was worth sucli a sum of money, which the defendant has omitted to pay. This is called an assumpsit on a quantum meruit.


Unjust Enrichment

A general equitable principle that no person should be allowed to profit at another's expense without making restitution for the reasonable value of any property, services, or other benefits that have been unfairly received and retained.

Although the unjust enrichment doctrine is sometimes referred to as a quasi-contractual remedy, unjust enrichment is not based on an express contract. Instead, litigants normally resort to the remedy of unjust enrichment when they have no written or verbal contract to support their claim for relief. In such instances litigants ask a court to find a contractual relationship that is implied in law, a fictitious relationship created by courts to do justice in a particular case.

Unjust enrichment has three elements. First, the plaintiff must have provided the defendant with something of value while expecting compensation in return. Second, the defendant must have acknowledged, accepted, and benefited from whatever the plaintiff provided. Third, the plaintiff must show that it would be inequitable or unconscionable for the defendant to enjoy the benefit of the plaintiff's actions without paying for it. A court will closely examine the facts of each case before awarding this remedy and will deny claims for unjust enrichment that frustrate public policy or violate the law.

Anonymous said...

John Sendelbach you have posted your complaint here many times, too many times in my opinion.

I do not know if you have been treated fairly or not. I do know that your harping does not endear you to the audience you want to win.

Give it a rest please.

Anonymous said...

Kids love horses and cartoon camels and sponngebob squarepants. That's why cigarette and beer companies use those images in their marketing campaigns.

Well actually not spongebob squarepants but horses and cartoon camels, yes! Well, yes until they outlawed using cartoon camels and other kid-oriented marketing to sell cigarettes. Beer companies have gotten a pass.

Anonymous said...

thanks for the list bach. I'll be sure to thank them for dumping it. Your ego is obviously to big already.

'bach said...

believe me, there is no endearing being attempted here....just the spreading of truth.

i am glad if some people in amherst hate me now, that place sucks...as it turns out. and i don't plan on doing business there anytime soon.

remember, they screwed me, not the other way around...and i will keep bitching

Anonymous said...

Everything you have posted just proves their case. Now you get to file and then complain even more when you lose. Hopefully on your own undervisited blog.

Anonymous said...

You would go to court if you had a case but if you do the town will just show all the procurement procedures that every project goes through and that none of those took place with yours.

Keep on bitch'n dancing monkey. The organ grinder needs the work.

Anonymous said...

the town is responsible for its employees' actions and words.

committee members are vested elements of the town roster....subject to the responsibilities just as any other employee. read the committee handbook and state laws on town committees.

if these people led john down a knowingly fruitless road, taking advantage of his sincere devotion to the legacy art piece, they should take responsibility.

this is a moral and ethical issue, more than a legal issue, and the town employees who did this to john should help him recover his losses. that he would even have to consider litigation is the real tragedy here.

i visit his sculpture every week...that is a true legacy.

Anonymous said...

What farm is housing them (I assumed it was UMass but apparently I am wrong)

Anonymous said...

Anheuser-Busch as American as the Brazilian-Belgian company that owns them.

Anonymous said...

4:22, nice try john

Anonymous said...

File a lawsuit amd keep quiet - all your posts could be used against you.

Anonymous said...

Jada is looking very cute in the picture. Make sure they don't sneek any Bud into her bottle.

Anonymous said...

Thanks for reporting this- When everyone was asking why the police were out in force (at Bertucci's) - I was able to answer them and squelch their fears.

LarryK4 said...

You're welcome. (I was just chatting with Captain Mike Kent a half-hour ago in front of Bertucci's as he was directing traffic.)

I hope you mentioned that ALL the police were paid for by Bud.