HomeMy Public PortalAbout2018.12.13 Goldlust - Finalist Proposal Development Public ArtCITY OF MCCALL
LETTER OF AGREEMENT
FINALIST PROPOSAL DEVELOPMENT
DOWNTOWN PUBLIC ART PROJECT
THIS AGREEMENT is made and entered into this 13th day of December, 2018, by and
between and among the City of McCall (hereafter "City"), a municipal corporation organized
under the laws of the State of Idaho, and Pete Goldlust, (hereafter "Artist"), with respect to
submittal of a proposal for public artwork (hereafter "Proposal");
WHEREAS, the City agreed that artwork will be installed as part of the McCall Downtown Core
Redevelopment Project along 2"d Street as a benefit to the public; and
WHEREAS, an Artwork Selection Committee comprising representing members of the Idaho
Commission on the Arts, McCall Planning & Zoning Commission, McCall Public Art Advisory
Committee and community at large selected the Artist as one of three finalists to create specific
proposals for the Downtown Core Redevelopment Project.
THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES: By January 11, 2019 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 $60,000. Budget should include all art project expenses such as artist fees,
travel, materials, fabrication, shipping, structural evaluation, and installation
costs.
Proposals shall be submitted in a professional format, not to exceed 28 inches by 36 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 Wagner, City Clerk
Jackie J. Aymon, Mayor
Artist:
P e Goldlust
STATE OF
County of 'Lary,
,
)
: SS:
)
, 2010, before me, a Notary Public in
and for said State, personally appeared ek.e, 7 bL,(1rkaj-- , 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.
On this ( day of
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)
OFFICIAL SEAL
SHERI L MARTIN
NOTARY PUBLIC - OREOON
COMMISSION NO.937874
MY COMMISSION EXPIRES APRIL 8, 2019
STATE OF IDAHO, )
: ss:
County of Valley )
Shad vJ
Notary Public for op(y) (State)
Commission Expires:UL' 6-1 2619
On this day of , 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.
(SEAL) Notary Public for Idaho
Commission Expires:
Artist:
Pete Goldlust
STATE OF , )
: ss:
County of )
On this day of , 20 , before me, a Notary Public in
and for said State, personally appeared , 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.
(SEAL) Notary Public for (State)
Commission Expires:
CITY OF McCALL, IDAHO;
By. �..
ackie J. ion, ayor
ATTEST:
4.1, 1, ///
BessieJo Wagn� ity Cler
STATE OF IDAHO, )
: ss:
County of Valley )
On this /3 day of W Celt t,be , 20 i q 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 t executed the same on behalf of THE CITY OF
MCCALL. ,0N11408q
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(SEAL) .tti4 •.•• Notary Public f I. . t.
'• Commission Expires: I 6 l 1 kr/COMMON
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