HomeMy WebLinkAboutMcCall Studios, LLC for Public Art Bench Concept & DesignTASK ORDER for PARK PUBLIC ART BENCH CONCEPT DESIGNS
This TASK ORDER for PUBLIC ART BENCH CONCEPT DESIGNS ("Task Order") is made
this 2 V day ofEeb tY,-2017 ("Effective Date"), by and between the City of Meridian, a
municipal corporation organized under the laws of the State of Idaho ("City"), and Ken McCall, on
behalf of McCall Studios LLC, a limited liability company organized under the laws of the state of
Idaho ("Artist").
WHEREAS, on August 9, 2016, City and Artist entered into a Master Agreement for
Professional Services: Park Identities Public Art Roster ("August 9, 2016 Master Agreement"), which
establishes terms and conditions under which City may invite Artist to provide services including
consultation, design, fabrication, and installation, pursuant to separate project task order(s) setting forth
specific conditions, compensation amount, and scope of work;
WHEREAS, Artist has specialized experience and creative expertise in designing artistic,
functional, durable park benches, and City is interested in considering concept designs of such benches
for possible installation at the South Meridian Regional Park, in Meridian ("Park");
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants
herein contained, the Parties agree as follows:
I. SCOPE OF SERVICES.
A. Bench designs. Artist shall prepare concept designs depicting six (6) different, surface -mounted
park benches, suitable for seating, each of which are to incorporate the following design elements:
1. Depiction of tree branches and leaves on seat and/or frame, depicting the following species:
swamp white oak, common hackberry, lacebark elm, Chanticleer pear, western catalpa and
mountain ash;
2. Seat comprised of recycled steel and recycled plastic lumber; and
3. Space for acknowledgment of sponsors.
B. Fabrication price sheet. Artist shall prepare a detailed price sheet describing the cost to City for
Artist to fabricate each bench.
II. COMPENSATION.
A. Total amount. The total payment to Artist for goods and services provided under this Task Order
shall be five hundred dollars ($500.00). This amount shall constitute full compensation for any and
all services, travel, transportation, materials, shipping, equipment, contingency, commission, artist
fee, and costs of work to be performed or furnished by Artist.
B. Method of payment. Following delivery of the Artist of goods and services provided under this
Task Order, Artist shall provide to City an invoice for services provided, which City shall pay
within thirty (30) days of receipt. City shall not withhold any federal or state income taxes or
Social Security tax from any payment made by City to Artist under the terms and conditions of this
Task Order. Payment of all taxes and other assessments on such sums shall be the sole
responsibility of Artist.
PROFESSIONAL SERVICES TASK ORDER — PUBLIC ART BENCHES CONCEPT DESIGNS PAGE I of 2
III. TIME OF PERFORMANCE.
A. Timeline. Artist shall deliver to the Parks Superintendent all goods and services contemplated by
this Task Order by 5:00 p.m. on Wednesday, March 21, 2017.
B. Time of the essence. The Parties acknowledge that services provided under this Task Order shall
be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the
essence with respect to this Task Order, and that the failure to timely perform any of the
obligations hereunder shall constitute a breach of, and a default under, this Task Order by the party
so failing to perform.
IV. GENERAL PROVISIONS.
A. August 9, 2016 Master Agreement applies. All provisions of the August 9, 2016 Master
Agreement are incorporated by reference and made a part of hereof as if set forth in their entirety
herein.
B. Limited edition. Artist warrants and represents that the concept designs provided pursuant to this
Agreement have never heretofore been designed, fabricated, installed, created, published, or copied
and that Artist is the sole creator and owner of all rights in such designs.
C. Fabrication not included. Artist acknowledges and agrees that this Task Order imparts no
commitment by City to contract with Artist for fabrication or installation of the benches depicted in
concept designs provided pursuant to this Task Order. Further, this Task Order vests no exclusive
right in Artist to fabricate or install the benches depicted in concept designs provided pursuant to
this Task Order. City may cause the benches depicted by Artist in concept designs provided
pursuant to this Task Order by Artist or by another contractor.
D. City Council approval required. The validity of this Task Order shall be expressly conditioned
upon City Council action approving the Task Order. Execution of this Task Order by the persons
referenced below prior to such ratification or approval shall not be construed as proof of validity in
the absence of Meridian City Council approval.
IN WITNESS WHEREOF, the parties hereto have executed this Task Order on the Effective
Date first written above.
ARTIST:
'Ken McCall)
Malla6e�-r, McCall Studios LLC pRATI
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Tammy de CV/erd, Mayor ��� L ,�'` Clay Col(Y, City Clerk
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PROFESSIONAL SERVICES TASK ORDER — PUBLIC R ENCHES CONCEPT DESIGNS PAGE 2 Of 2