HomeMy Public PortalAbout2023.01.12 Artwork Commission Agreement - Site Specific LLCARTWORK COMMISSION AGREEMENT
By and between
THE CITY OF MCCALL
And
SITE SPECIFIC LLC
THIS AGREEMENT is made and entered into this 1 day of ih'i Nn el , 2023,
by and between the City of McCall (hereafter "City"), a municipal corporation of the State of
Idaho, and Site Specific LLC (hereafter "Artist"), for the purpose of refining the final design,
fabrication, and installation of artwork (hereafter "the Work") for placement within the McCall
Public Library Expansion Project at 218 E. Park Street, McCall, Idaho (hereafter "McCall
Library").
WHEREAS, the McCall Area Comprehensive Plan (2018) includes a goal to "celebrate the
culture of McCall and creativity of residents through public art (pg. 41);" and
WHEREAS, the City agreed that artwork will be integrated as part of the McCall Library
Expansion Project as a benefit to the public; and
WHEREAS, the City adopted procedures and policies for public art selection on June 29, 2012;
and
WHEREAS, a selection panel consisting of representatives from the McCall Library Board of
Directors, Friends of the Library, McCall Public Art Advisory Committee, and the community
at -large selected the Artist through a competitive proposal process that included public input; and
WHEREAS, the McCall Library Board of Directors unanimously recommended the Artist for
commission of Work for the McCall Public Library Expansion Project at its November 14, 2022
meeting; and
WHEREAS, the McCall Public Art Advisory Committee unanimously recommended the Artist
for commission of Work for the McCall Public Library Expansion Project at its November 28,
2022 meeting; and
WHEREAS, McCall City Council has approved commissioning of the Work by the Artist
pursuant to the McCall Public Art Selection Policy on thAu qu1 ( , 2023.
THEREFORE, the parties hereto agree as follows: 1
1. THE SITE: For purposes of this Agreement, the Site shall be the interior of the McCall
Public Library Expansion Project at 218 E. Park Street, McCall, Idaho as shown in the McCall
Library Bid Set (Exhibit A).
2. SCOPE OF SERVICES: Artist shall complete the following scope of services:
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a) In collaboration with City of McCall staff, the Artist shall outline a strategy for
community engagement and participate at least one public opportunity for community
members to provide input into the design of the Work; and
b) Develop a design proposal for the final Work based on public input. The proposal
will be exhibited at a public venue and on the City of McCall Web site to gain
community input. Based upon this community input, the McCall Public Art Advisory
Committee, McCall Library Board of Directors, and McCall City Council will be
asked to approve the final design for the Work; and
c) Upon City approval of the final design for the Work, development of a fabrication
and installation milestone schedule, including information as may be requested by the
City project manager shall be created. City staff will review and approve the proposed
schedule; and
d) Upon City approval of the final design, proposed locations(s) and fabrication and
installation milestone schedule for the Work, then the Artist shall fabricate and install
the Work as represented in the approved conceptual design. Artist shall work with
City's staff and McCall Library Expansion Project design and construction
contractors, to complete any design decisions and may hire necessary sub -contractors
to plan, implement and coordinate the fabrication and installation of the Work; and
e) Provide and install one title block, constructed of a durable material and not
exceeding 100 square inches in size, stating the name of the artist(s), title of the
Work, year completed, and list of project funders; and
f) Following completion and installation prepare information and/or documents as set
forth in section 8(b).
3. ARTIST RESPONSIBILITES:
a) In addition to other responsibilities set forth in this Agreement, Artist shall attend
meetings by video conference or by phone with McCall staff to provide periodic progress
reports.
b) Artist shall not assign any of his/her obligations under this Agreement without the
written consent of the City. This provision shall not prevent the Artist from
subcontracting for obligations that do not require his artistic talents, including, but not
limited to, such obligations as engineering, structural engineering, drawing architectural
renderings or plans for the preparation and submittal of operations and maintenance
manual for all works, fabrication, or installation.
4. COMPENSATION: The Art st.'s feef,or the scope of work and services contained in this
Agreement is Sixty Thousand and No Hundredths Dollars ($60,000.00). This amount shall
constitute full payment for all services the Artist shall perform, including necessary materials and
fees, as set forth in the Scope of Services and this Agreement. Payments shall be in multiple
installments as follows:
a) Five Thousand Dollars ($5,000.00) no later than sixty (60) days from submittal of a
community engagement strategy outline as defined by section 2(a) above.
b) Five Thousand Dollars ($5,000.00) no later than sixty (60) days from completion of
the scope of services as defined by section 2(b) and 2(c) above including receipt of a
design proposal for the final Work and a summary of community outreach activities.
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c) If City approves the final design, proposed location(s) and fabrication and installation
milestone schedule for the Work, an amount not to exceed Forty -Five Thousand
Dollars ($45,000.00) in incremental amounts based on cash flow needs and
fabrication milestones as verified with City's project manager, no later than sixty (60)
days from the time the City receives Artist's invoices for fabrication milestones
completed, materials ordered, other sub -contractor fees, project management fees,
and installation of artwork.
d) The balance of Five Thousand Dollars ($5,000.00) no later than sixty (60) days from
final review and approval by the City confirming that Artist has met all terms and
conditions of the Scope of Services and this Agreement.
5. CITY RESPONSIBILTIES: The City agrees to timely furnish Artist all information, reports,
data, statistics, drawings and information in its possession concerning matters covered by this
Agreement, together with timely access to all facilities, personnel and data necessary to perform
the Work unless such disclosure is prohibited by law.
6. TIME OF PERFORMANCE: Artist shall complete the Scope of Services on or before
March 31, 2024, or on such other date as may be agreed upon between the Parties in writing.
7. APPROVALS: Artist shall allow the City to review the Work's progress as follows:
a) Initial review and approval of the design and/or working drawings to determine that
the Work is appropriate for the location(s).
b) Review and approval of design and installation methods shall occur within a
reasonable period prior to the commencement of fabrication or installation, as
appropriate.
c) Periodic review, via photographs, and approval as the Work's fabrication progresses.
d) City shall review and approve or disapprove the Work within fifteen (15) days of
final completion. If, during the approval reviews, City concludes that the Work does
not conform to the designs as previously approved, or as mutually agreed by the
Parties in writing, the City shall provide Artist with a notice in writing of specific
non -conformity and request Artist to address and cure the specific non -conformity
within two weeks of the reviews. Artist shall have thirty (30) days within which to
address, cure, and correct any non -conformity. If, after resubmission, the Work still
does not conform, this Agreement shall be subject to immediate termination for
cause. Failure by the City to disapprove in writing in a timely fashion shall be
presumed to be approval of the Work.
8. PROJECT CLOSE-OUT:
a) Upon installation of the Work and prior to final approval or disapproval, Artist shall
furnish the Agency a full release and lien waiver, together with such releases and waivers
from any subcontractor who furnished goods for or performed services for the Work in
any way. Artist shall comply with all applicable federal, state and local laws, statutes,
rules, regulations and/or ordinances.
b) Artist shall submit a conservation/maintenance plan to the City including specific
recommendations for on -going maintenance and repairs, as well as slides and/or photo
and written documentation of fabrication and installation of the Work, such as to assist in . ..
future maintenance, repair, and public education.
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9. REPAIRS, MAINTENANCE, OR ALTERATIONS:
a) Artist is responsible for all parts and workmanship of the Work for a period of two (2)
years after acceptance of the Work, and shall replace any defective parts or rework any
defective craftsmanship in a timely fashion at no cost except as provided in section 9(b)
and 9(c) of this Agreement.
b) Artist shall not be responsible for and shall not be held liable for any damage beyond the
control of Artist to the Work, its surfaces, or environment caused by personnel of the City
or its visitors, or others.
c) Artist shall not be responsible for and shall not be held liable for any damages to the
Work by extremely adverse weather conditions, acts of God, vandalism, or other acts
abnormal to the site.
d) Artist shall provide the City with written instructions for the appropriate maintenance and
preservation of the Work as required by section 8(b) above.
e) The City may provide basic maintenance, restoration and repairs as it deems necessary.
City shall be responsible and pay for repairs following expiration of the two-year
warranty period.
f) Whenever practical and as funding becomes available, Artist shall be given an
opportunity to perform and/or act as consultant for the repair or restoration for which
Artist shall receive reasonable compensation. In the event that the Work is damaged or
destroyed, the City may, in its sole discretion, relocate, repair, or restore the Work subject
to receipt of any insurance proceeds and availability of sufficient funds. City reserves the
right to determine, after consultation with an independent, professional art conservator, if,
when and how any repair and restoration to the Work can be made, and the nature, scope
and anticipated cost of any such repair or restoration. City reserves the right to contract
with a conservator, rather than Artist, to implement any such repairs or restoration.
g) For purposes of this Agreement, no modification of the artwork that results from the
passage of time or the inherent nature of the materials used in the Work shall constitute a
modification. In addition, no modification of the Work that is the result of conservation
or of its public presentation (including but not limited to lighting and placement) shall
constitute a modification that is prejudicial to the Artist's honor or reputation or for
which Artist may claim relief or any remedy from City unless such modification is the
direct result of gross negligence by City.
h) The action of the City in the exercise of its governmental powers (including but not
limited to the issuing of any permit for the redevelopment of land or any structure thereon
other than action by the City on the specific site of the Work) shall not constitute a
modification of the artwork for which Artist may claim damages or any other form of
relief from the City.
i) By executing this Agreement, Artist consents to the installation of the Work in the Site
specified in this Agreement. Artist acknowledges that such installation may subject the
Work to destruction, distortion, mutilation or other modification by reason of its removal
from that location.
j) If a modification of the Work occurs, Artist may give written notice to City requesting
that his/her name and the artwork be dis-associated, the Work shall not longer be
designated as the Artist's Work.
10. WARRANTY: Upon final acceptance of the completed Work by the City, Artist warrants
that the Work shall be free from defects in materials and workmanship, including inherent vice.
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Artist, for a period of two (2) years after acceptance by the City, shall correct any such defects at
Artist's expense. "Inherent vice" refers to a quality within the material or materials which
comprise the Work which, either alone or in combination with other materials used in the Work
or reacting to the environment, results in the tendency of the Work to destroy itself. Upon
written notification of a defect in materials or workmanship, Artist shall have sixty (60) days to
commence repairs and shall conclude the repairs within a reasonable time thereafter.
11. RELOCATION AND/OR REMOVAL OF ARTWORK:
a) The City shall not relocate or remove the Work and/or substantially modify the site in/on
which it is located without attempting to notify Artist of the proposed change and
attempting to reach agreement with Artist regarding the future appearance or location of
the Work. Except that the City may authorize the temporary relocation or temporary
removal of the Work without the Artist's prior permission. For the purpose of this section
temporary shall mean to be for a period less than 90 days.
b) If the City determines that the Work should be permanently removed or, though, decay,
vandalism or other forces, the Work has lost its integrity, the City shall first make a good -
faith effort to contact the Artist and offer the Work to the Artist at the Artist's cost to
collect and remove the Work within six (6) months from the date of notification.
12. OWNERSHIP: Artist warrants that, unless otherwise stipulated, the Work is original, in that
the Work owes its creation or origin to Artist, and is not the product of copying another's work in
any manner. Furthermore, Artist warrants and represents he has not previously published the
Work which is transferred by, and the subject of this Agreement and that Artist is the sole owner
of all rights therein. Upon final approval and acceptance of Work, delivery and installation, and
final payment, City shall own the Work. Artist hereby expressly waives any right, title or
interest in the Work. Artist understands that said waiver includes waivers of the exclusive rights
of adaptation, publication and display.
13. COPYRIGHT RETENTION:
a) Artist has retained all rights under the Copyright Act of 1976. 17 U.S.C. § 101 et seq., as
the sole author of the Work for the duration of the copyright.
b) Artist grants to the City and its assigns an irrevocable license to make two-dimensional
reproductions of the Work, including, but not limited to, reproductions used on web sites,
in brochures, media publicity and exhibition catalogues or other similar publications.
Artist also consents to the use, at City's discretion, of Artist's full name and Artist's own
identifying photograph in any publicity or promotional materials produced for the Work,
whether printed or electronic. Such consent includes placement of these items on any
web site the City maintains. City has the right to reproduce images of the Work for
educational or promotional uses only.
c) The City is not responsible to prevent third party infringement of the Artist's copyright
and not responsible for enforcement of, or protecting, the intellectual property rights of
the Artist.
14. WAIVERS AND RELINQUISHMENTS OF RIGHTS: Artist agrees to relinquish all
rights, title, and interest to the Work created for the Project and, hereby expressly waives any
rights Artist has to such artwork including, but not limited to, the rights afforded artists under the
Visual Rights Act of 1990, Title 17 U.S.C. Sections 101, et seq. Artist understands and agrees
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that the right of integrity, but not of attribution, as specifically set forth in 17 U.S.C. Section
106A, is hereby expressly waived except as otherwise provided herein. If at any time following
final approval, the City chooses to move the Work, City shall make reasonable attempts to
contact and to notify Artist regarding the City's plans; provided, however, Artist shall have no
right to override or veto the City's plans and Artist hereby waives their right to file a claim or
demand of any type against the City based upon any future decision regarding the placement of
the Work, including those granted pursuant to the Copyright Act of 1976 and the Visual Rights
Act of 1990. To the extent that the provisions of this Agreement differ from the Copyright Act of
1976 and Visual Rights Act of 1990, the provisions of this Agreement shall govern and Artist
expressly waives any such differences in the rights and duties.
15. ARTIST'S INSURANCE:
a) The Artist shall procure and maintain at his/her expense during the contract period the
following insurance coverage from an insurance company or companies possessing a
financial strength rating of at least A- and a financial size category of VII or higher from
A.M. Best or an equivalent rating service:
a. Commercial General Liability Insurance: Limit will not be less than $500,000.00
or the minimum amount as specified in the Idaho Tort Claims Act set forth in
Title 6, Chapter 9 of the Idaho Code, whichever is higher. Coverage shall
include, but not be limited to, bodily injury and property damage to third parties,
contractual liability, products -completed operations, personal injury and
advertising injury liability ($500,000.00 limit).
b. Commercial [Business] Automobile Liability: Limit will not be less than
$500,000.00 per occurrence for owned, non -owned and hired vehicles. Where
applicable, the City shall be named as an additional insured on the commercial
automobile liability.
c. Workers Compensation and Employers Liability: Artist shall have and maintain
during the life of this contract, statutory workers compensation, regardless of the
number of employees (including himself/herself) to be engaged in work on the
project under this agreement in the statutory limits as required by law and
employers liability with a limit of no less than $500,000.00 for bodily injury by
accident or disease. In case any such work is sublet, the Artist shall require the
subcontractor provide workers compensation insurance for himself/herself and
any/all the subcontractor's employees engaged in such work. Artist shall provide
proof of insurance to the City prior to the start of work.
b) The Artist hereby grants to the City a waiver of any right to subrogation which any
insurer of said Artist may acquire against the City by virtue of the payment of any loss
under such insurance. Artist agrees to obtain any endorsement that may be necessary to
affect this waiver of subrogation, but this provision applies regardless of whether or not
the City has received a waiver of subrogation endorsement from the insurer. All of
Artist's policies shall be primary and Artist agrees that any insurance maintained by the
City shall be non-contributing with respect to the Artist's insurance. Artist shall advise
the City of any cancellation, non -renewal, or material change in any policy within five
business days of notification of such action.
c) By requiring Artist to maintain insurance with the City named as an additional insured,
herein, the City does not agree that such coverage and limits will necessarily be adequate
to protect Artist or such coverage and limits are a limitation on Artist's liability under the
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indemnities granted to the City in this Agreement. The Artist may use commercial
umbrella/excess liability insurance so that Artist has the flexibility to select the best
combination of primary and excess limits to meet the total insurance limits required by
this Agreement. If the Artist maintains higher limits than the minimum shown above, the
City requires and shall be entitled to coverage for the higher limits maintained. Any
deductibles or self -insured retentions must be declared to and approved by the City. The
City may require the Artist to purchase coverage with a lower deductible or retention or
provide proof of ability to pay losses and related investigations, claim administration, and
defense expenses within the retention. The City reserves the right at any time throughout
the term of the Agreement to adjust the aforementioned insurance requirements, if, in
City's reasonable judgment, the insurance required by the Agreement is deemed
inadequate to properly protect the City's interest. The City reserves the right to modify
portions of the insurance requirements for the apparent successful bidder or for good
cause.
d) The failure of the City at any time to enforce the insurance provisions, to demand such
certificate or other evidence of full compliance with the insurance requirements, or to
identify a deficiency from evidence that is provided shall not constitute a waiver of those
provisions nor in any respect reduce the obligations of the Artist to maintain such
insurance or to defend and hold City harmless with respect to any items of injury or
damage covered by this Agreement.
e) The Artist shall provide the City Clerk with a valid certificate of insurance and
amendatory endorsements or copies of the applicable policy language affecting coverage,
in advance of the performance of any work and as soon as possible after renewal,
exhibiting coverage as required by the City's contract terms and conditions. Failure to
obtain the required documents prior to the work beginning shall not waive the Artist's
obligation to provide them. The City reserves the right to require complete, certified
copies of all required insurance policies, including endorsements required by these
specifications, at any time. The Artist shall be responsible for ensuring that all
Subcontractors independently carry insurance appropriate to cover each Subcontractors'
exposures or that all such liabilities are covered under the Artist's policies. The
Certificate of Insurance shall be provided on the industry standard form (ACORD 25) or
other form acceptable to the City. Certificates of insurance shall be issued to:
City of McCall
216 E. Park St.
McCall, ID 83638
16. CITY'S INSURANCE: Upon final completion and installation of the Work, and acceptance
of the Work, City shall obtain property insurance for the Work which may be included in the
City of McCall insurance program.
17. INDEMNIFICATION: Artist shall indemnify and save and hold harmless the City, its
elected officials, officers, employees, agents, and volunteers, from and for any and all liability,
losses, claims, actions, judgments for damages, or injury to persons or property and losses and
expenses, including reasonable attorney fees, arising from all acts or omissions to act of Artist or
its servants, officers, agents employees, guests, and business invitees in rendering services under
this contract or otherwise caused or incurred by Artist, its servants, officers, agents employees,
guests, and business invitees, and not caused by or arising out of the tortious conduct of the City
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or its employees. The limits of insurance will not be deemed a limitation of the covenants to
indemnify and save and hold harmless the City, its elected officials, officers, employees, agents,
and volunteers. If the City becomes liable for an amount in excess of the Artist's insurance
limits, Artist covenants and agrees to indemnify and save and hold harmless the City, its elected
officials, officers, employees, agents, and volunteers, from and for any and all liability, losses,
claims, actions, judgments for damages, or injury to persons or property and losses and expenses,
including reasonable attorney fees, to the extent permitted by law.
18. NONDISCRIMINATION:
a) In the performance of this Agreement Artist, and any sub -contractors, agree not to
discriminate in their employment practices against any employee, contractor, sub-
contractor or applicant for employment because of the employee's or applicant's race,
religion, national origin, ancestry, sex, age, physical handicap or sexual orientation and/or
gender identity/expression.
b) Artist also agrees to comply with all provisions of Idaho law relative to labor, and all
other applicable federal, state, and/or local statutes, ordinances, and regulations relative
to employment, wages, and hours of labor.
19. INDEPENDENT ARTIST: The parties intend that this Agreement create only an
independent contractor relationship and that Artist is not an employee, agent, joint venturer or
partner of the City. Nothing in this Agreement shall be interpreted or construed as creating or
establishing the relationship of employer and employee between Artist and the City or between
Artist and any official, agent or employee of the City. Both parties acknowledge that Artist is
not an employee of the City. Artist shall retain the right to perform services for others during the
term of this Agreement.
Neither federal, state or local income taxes, nor payroll taxes of any kind shall be withheld and
paid by City on behalf of Artist or the employees or subcontractors of Artist. Artist shall not be
treated as an employee with respect to the services performed hereunder for federal or state tax
purposes. Artist is responsible to pay, according to law, Artist's income tax. Artist may be
liable for self-employment (Social Security) tax to be paid by Artist according to law.
20. ENTIRE AGREEMENT: This is the entire agreement of the parties and can only be
modified or amended in writing by the parties.
21. SEVERABILITY: If any provision of this Agreement or application thereof is held invalid,
such invalidity will not affect other provisions or applications of this Agreement which can be
given effect without the invalid provision or application, and to that end, the provisions hereof
are declared to be severable.
22. AGREEMENT MADE IN IDAHO: The laws of the State of Idaho shall govern the
validity, interpretation, performance and enforcement of this Agreement.
23. ANTI -BOYCOTT AGAINST ISRAEL ACT: Within the meaning of the terms as defined
in Idaho Code 67-2346, Artist certifies that it is not currently engaged in, and will not for the
duration of this Agreement, engage in a boycott of goods or services from Israel or territories
under its control.
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24. DISPUTE RESOLUTION. All disputes arising out of this Agreement shall first be subject
to good faith negotiations between the parties. If such negotiations are unsuccessful, either party
may notify the other and work in good faith to select a mutually acceptable mediator within
thirty (30) days after notice. If after good faith effort the parties are unable to agree to a mutually
acceptable mediator or if mediation is not scheduled within 120 days from the date of notice, or
if the mediation is not successful in resolving the entire dispute, any outstanding issues may be
resolved by litigation. in a court in Valley County in the State of Idaho. The costs of mediation
shall be borne equally by the parties.
25. ATTORNEY FEES: If action is brought to enforce the terms or provisions of this
Agreement, or to enforce forfeiture for default, or to collect damages for breach, the prevailing
party in such action shall be entitled to recover from the non -prevailing party reasonable attorney
fees together with costs authorized by law.
26. TERMINATION FOR CAUSE: If a party willfully or negligently fails to fulfill its
obligations under this Agreement, the other party shall have the right to terminate the Agreement
by giving written notice to the defaulting party of its intent to terminate and specify the grounds
for termination. The defaulting party shall have thirty (30) days after receipt of the notice to cure
the default. If the defaulting party does not cure the default this Agreement shall terminate. In the
event of termination for non-performance by City, it shall compensate the Artist for all phases of
the Scope of Services the Artist has successfully completed and any additional services and
materials performed or supplied prior to termination; provided however, that such payment shall
be limited to the amount of compensation set forth herein. In the event of default by the Artist,
except that caused by the death or incapacity of the Artist, all finished and unfinished drawings,
photographs, and other Work products prepared and submitted or prepared for submission under
this agreement shall, at City's option, become its property. The City shall not relieve the Artist of
any liability for damages sustained by virtue of the Artist's breach or default of this Agreement
and City may reasonably withhold payments due until the exact amount of damages due from
Artist is determined.
27. TERMINATION FOR CONVENIENCE OF CITY: City may terminate this Agreement
for any reason at any time by giving at least fifteen (15) days notice in writing to Artist. If the
Agreement is terminated by City as provided herein, City shall compensate Artist for all phases
of the Scope of Services Artist has completed to date of written notice of termination and any
additional services and materials performed or supplied prior to termination, less payments of
compensation the City has previously made, not to exceed the amount set forth in Section 4. If
payments the City has previously made exceed the amount of compensation due hereunder,
Artist shall immediately refund the unearned balance to City. If the City terminates this
Agreement due to the fault of Artist, Section 26 hereof relative to termination shall apply.
28. FORCE MAJEURE: Neither Artist nor City shall be considered in default in the
performance of its obligations hereunder to the extent that performance of such obligations are
delayed, hindered, or prevented by force majeure. Force majeure shall be any cause beyond the
control of the parties hereto which they could not reasonably have foreseen and guarded against.
Force majeure shall include, without limitation, acts of God, strikes, lockouts, fires, riots, civil
commotion or civil unrest, incendiarism, interference by civil or military authorities, compliance
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with the regulations or orders of any governmental authorities which were not in effect at the
time of the execution of this Agreement, and acts of war (declared or undeclared).
29. PARTY REPRESENTATIVES: For purposes of this Agreement the following persons or
their designees shall act as party representatives:
City of McCall: Robert S. Giles, Mayor, or his designee,
Artist: Joe Thurston, Site Specific LLC Lead Artist
30. SUCCESSORS AND ASSIGNS: All of the terms, provisions, covenants and conditions of
this Agreement shall inure to the benefit of and be binding upon each party and their successors,
assigns, legal representatives, heirs, executors and administrators.
31. NOTICES: Written notices to the Parties shall be given by registered or certified mail,
postage prepaid, and addressed to said parties at the addresses below, unless otherwise
designated by written notice to the other parties:
City of McCall
Artist
216 E. Park St.
Site Specific LLC
McCall, ID 83638
43300 Carol Drive
Nehalem, OR 97131
All such notices, except as otherwise provided, may either be delivered personally
deposited in the United States mail, properly addressed with postage fully prepaid by certified or
registered mail, return receipt requested, and shall be effective five (5) days after deposit in the
mail.
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STATE OF 0424,1.90N )
: ss:
County of -\--;\N*Psr c6 . )
On this day of ,..) ,M..)&41 , 2023, before me, the undersigned Notary
Public, in and for said State, personally appeared JOE THURSTON, known to me to be
ARTIST, who executed the within instrument, and acknowledged to me that such corporation
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
-.. OFFICIAL SEAL
II .... . KERI RUANE SCOTT
�
NOTARY PUBLIC - OREGON COMMISSION NO. 10019445
MY COMMISSION EXPIRES MARCH 7, 2025
STATE OF IDAHO )
ss:
Notary Public for . 0r `,
Commission Expires: Ako.et.h i2CfLS
Residing at: 35755 "P's
County of Valley )
On this day of ,] an U0.:N , 2023, before me, the undersigned Notary
Public, in and for said State, personally appeared ROBERT S. GILES and-BESSIi JO 41)
WAG
, known to me to be the Mayor and City Clerk of the City of McCall, a municipal r
corporation of the State of Idaho, who executed the within instrument, and acknowledged to me
that such city executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
(SEAL)
.11/11111011.01
LORIAWILIUNS
NOTARY PUBLIC -STATE OF IDAHO
COMMISSION NUMBER 20220789
MY COMMISSION EXPIRES 3-1-2028
Artwork Commission Agreement — Site Specific
1/12/2023
Notary Public for Idaho
Commission Expires: 3 i - a 6
Residing at: iM c Ck I , Idaho
Page 12 of 12
IN WITNESS WHEREOF, the Artist and McCall do execute this Agreement the day and
year first above written.
ARTIST:
By:
5 St Jrc/I`(c LLL
Joe Th f ston, Site Specific LLC
ATTEST:
44
:F. (j �'� .e.esees • yl1,
•
Pai;(, c
BessieJo Wagner, City Cle
CITY OF McCALL, IDAHO:
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