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Home My Public Portal About2015.04.14 Marino-Heidel - Letter of Agreement Fianlist Proposal Development Art for Alpine Playhouse PlazaCITY OF MCCALL LETTER OF AGREEMENT FINALIST PROPOSAL DEVELOPMENT ART FOR ALPINE PLAYHOUSE PLAZA �� THIS AGREEMENT is made and entered into this Tay of "Y , 2015, by and between and among the City of McCall (heredfter "City"), a municipal corporation organized under the laws of the State of Idaho, and Angelina Marino-Heidel, (hereafter "Artist"), with respect to submittal of a proposal for public artwork (hereafter "Proposal"); WHEREAS, the City agreed that one art component will be developed for the Alpine Playhouse Plaza as a benefit to the public; and WHEREAS, an Artwork Selection Committee comprising representing members of the City Council, McCall Urban Renewal Agency, Alpine Playhouse Board of Directors, and community at large selected the Artist as one of three finalists to create specific proposals for the Alpine Playhouse Plaza. THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES: By April 24, 2015, Artist will create and submit one public art proposal consisting of: a. A minimum one page, maximum three page descriptive narrative; and b. Visual representation of proposed project concept such as drawing, model, and/or computer rendering; and c. A projected budget for artwork not to exceed the total available art budget which is $20,000. Budget should include all art project expenses such as artist fees, materials, fabrication, shipping, structural evaluation, and installation costs. Proposals shall be submitted in a professional format, not to exceed 30 inches by 40 inches in size, which can be put on public view. Proposals shall also be submitted in digital form, as .PDF files, for presentation to the Artwork Selection Committee and display on the City of McCall web site. 2. INDEMNIFICATION: Artist shall indemnify and safe and hold harmless the City from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by Artist, its agents, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of McCall or its employees. 3. COPYRIGHT, REPORDUCTION AND USE OF MATERIAL: Artist shall retain the copyright of any submitted designs or proposals. The City shall have the unrestricted authority to publish, disclose, and exhibit the submitted materials for promotional or educational purposes and to receive public comments. 4. PROPOSAL COMPENSATION: Artist will be paid $500 (five hundred dollars) for the proposal as defined in the Scope of Services. Artist will be paid within forty five (45) days after receipt of proposal. 5. TERMINATION FOR CAUSE: If Artist shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if Artist shall violate any of the covenants, agreements, or stipulations of this Agreement, or for any other reason asserted by the City in its absolute discretion, the City shall thereupon have the right to terminate this Agreement by giving written notice to Artist of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of termination. In such event, all finished or unfinished documents, data, maps, studies, surveys, drawings, models, photographs and reports prepared by Artist under this Agreement shall, at the option of the City, become its property, and Artist shall be entitled to receive just and equitable compensation for any work satisfactorily complete as of the date of the notice of termination. 6. ENTIRE AGREEMENT: This is the entire agreement of the parties and can only be modified or amended in writing by the parties. 7. 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 losing party reasonable attorney fees together with costs authorized by law. IN WITNESS WHEREOF, the Artist and City of McCall do execute this Letter of Agreement the day and year first above written. CITY OF McCALL, IDAHO; By: ATTEST: BessieJo Waer,� ity Cler Artist: MI41:0 ngel j a Marino-Heidel STATE OF OreL(O✓1 , ) : ss: County of Mu )--vior 4/ ) On this 3 day of MGt. t , 20L5, before me, a Notary Public in and for said State, personally appeared A vls e ,t c) , known, or identified to me to be the person who executed the instrument or person, and acknowledge to me that he/she 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. 0 OFFICIAL SEAL 1ItiEW WALLACE HERNANDEI N ARY PUBLIC - OREGON COMMISSION NO. 464871 MY COMMISSION EXPIRES JANUARY 12, 211i STATE OF IDAHO, ) : ss: County of Valley ) Notary Public for ✓`e yu'vl lZ- 4 Commission Expires: (State) On this )'/ day of 9v, / , 20/ before me, a Notary Public, appeared JACKIE J. AYMON and BESSIEJO WAGNER, known, or identified to me to be the MAYOR and CITY CLERK, respectively, of CITY OF MCCALL that executed the said instrument, and acknowledged to me that they executed the same on behalf of THE CITY OF MCCALL. •••IeIIIIIt. (SEAL) Nt�tary Public for Idaho 4"'' S Ccanmission Expires: ,)- V-,,� �� / 7 •.. PUB1.�Gss / ITp4`° . O . .