Service Solicited - 2016 - Bryon Schexnayder - Commission of Historical MuralsAGREEMENT FOR COMMISSION OF
HISTORICAL MITRALS
This Agreement for Commission of Historical Murals (the "Agreement") is entered into
and made effective February 9, 2016, by and between Bryon Schexnayder ("Artist") and
the City of Eagle ("Client").
Scope of this Agreement: This Agreement applies to the four (4) Historical Murals to be
created by Artist and delivered to the Client (collectively known as the "Murals"). This
Agreement governs the relationship between the parties and no communication or other
exchange shall modify the terms of this Agreement unless agreed to in writing by the
Parties.
r tion: Artist has submitted drawings of four (4) Murals portraying historical events in
the City of Eagle, described as the "Mural Commission." Copies of the Murals are
attached to this Agreement as Exhibit "A." Artist will use his best efforts to ensure that
the Murals conform to the mural drawingstsketches submitted by the Artist for Client's
consideration in the Mural Commission. Artist shall submit the four (4) Murals portraying
Eagle City Historical events in the quality proposed in the Mural Commission, on or
before the applicable deadlines.
Delivery:
The first Murals delivery date is scheduled to be March 31, 2016, but that date is
contingent on when the framing of the Mural can be completed.
The second Mural will be delivered on or before April 23, 2016.
The third Mural will be delivered on or before May 21, 2016.
The fourth Mural will be delivered on or before June 18, 2016.
Compensation: The following is the schedule for payment of all fees and expenses
payable under this Agreement:
• Initial Itemized Material Prospectus in the amount of $2,510.74 was paid to
Artist on February 9, 2016. See Attached Exhibit "B".
• Upon delivery of the first Mural, payment in the amount of Two Thousand
Five Hundred and no/100's ($2,500.00) will be paid to Artist following
approval of the City Council at its first regularly scheduled meeting after
March 23, 2016.
• Upon delivery of the second Mural, payment in the amount of Two Thousand
Five Hundred and no/100's ($2,500.00) will be paid to Artist following
approval of the City Council at its first regularly scheduled meeting after April
23, 2016.
• Upon delivery of the third Mural, payment in the amount of Two Thousand
Five Hundred and no/100's ($2,500.00) will be paid to Artist following
approval of the City Council at its first regularly scheduled meeting after May
21, 2016.
• Upon delivery of the fourth Mural, payment in the amount of Two Thousand
Five Hundred and no/100's ($2,500.00) will be paid to Artist following
approval of the City Council at its first regularly scheduled meeting after June
18, 2016.
The parties are considering Flexible Acrylic covers for the Murals and it is understood by
the parties that this is an additional cost that may be incurred. If the City decides on the
installation of the Flexible Acrylic cover for the Murals, the City will incur the additional
cost for each Mural, which additional cost shall be added to each payment as specified
above.
Artist is responsible for payment of any local, state or federal taxes, including estimated
taxes and employment reporting requirements imposed by local, state or federal laws.
Proorietary Rights:
Work Made for Hire. Artist agrees that all Work Product, as defined below,
created solely or jointly by Artist, his employees, associates, students or subcontractors,
arising from work performed hereunder, or previously conceived in anticipation of work
to be performed in regard to the City's engagement of Artist, shall be deemed "work made
for hire" and constitutes the sole property of the Client. Artist shall cause all of his
employees, associates, students or subcontractors, if any, assisting in creating the Work
Product to acknowledge that the Work Product is "work made for hire" and the sole
property of the Client.
Work Product. "Work Product" shall mean all documentation, manuals, teaching
material, creative works, pictures, graphics, data, know-how, information, drawings,
prints, charts, and computations created on behalf of the Client in whole or in part by
Artist and all of his employees, associates, students, or subcontractors assisting in
creating the Work Product within the scope of this Agreement, whether or not
copyrightable or otherwise protectable.
Relationshia of the Parties: The parties agree that Artist is an independent contractor
and that Artist shall not be deemed to be an employee of Client. No agency, partnership,
joint venture, or employee -employer relationship is intended or created by this Agreement.
Governing Law: This Agreement shall be governed by, construed and enforced in
accordance with the laws of the State of Idaho.
Authority to Execute: Each of the persons executing this Agreement represents and
warrants that s/he has the lawful authority and authorization from their respective entities
to execute this Agreement for and on behalf of the entity executing this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement for Commission of
Historical Murals to be duly executed as of the dates written below.
ARTIST
Date:
Bron Schexnayder
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Date: z ,.-- 16
Stan Ridgeway, Mayor
ATTEST:
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Sharon K. Bergmann, City Clerk
Itemized Material Prospectus for the
Eagle City Hall Mural Commission
Presented in this prospectus are the necessary materials and costs needed to build,
frame, reinforce and protect the four commissioned mural drawings for Eagle City Hall.
All items have sales tax calculated into them.
Materials: Item Amounts:
1. (4) 8' across x 4' high Masonite panels
$10.04 x 4 = $40.16
2. (4) 946 ml bottle of Gesso primer
$34.97 x 4 = $139.88
3. (8) HB pencil sets (various grades of HB)
$7.41 x 8 = $59.28
4. (8) cans of spray -fix adhesive
$10.99 x 8 = $93.28
5. (16) 1" x 2" 8 foot long boards
$5.80 x 19 = $110.20
6. (2) bottles of Titebond glue
$8.45 x 2 = $16.90
7. (1) box of DeckMate screws
$9.94 x 1 = $9.94
8. (10) cans of Rustoleum spray -paint
$4.11 x 10 = $41.10
Total: $510.74
Artist's labor costs per mural $3000 x 4 = $12000
Grand Total: 12510.74
Initial Itemized Material Prospectus for the
Eagle City Hall Mural Commission
Presented in this initial prospectus are the necessary materials and costs needed to
begin work on the four commissioned mural drawings for Eagle City Hall. All items have
sales tax calculated into them.
Materials:
1. (4) 8' across x 4' high Masonite panels
2. (4) 946 ml bottle of Gesso primer
3. (8) HB pencil sets (various grades of HB)
4. (8) cans of spray -fix adhesive
5. (16) 1" x 2" 8 foot long boards
6. (2) bottles of Titebond glue
7. (1) box of DeckMate screws
8. (10) cans of Rustoleum spray -paint
Initial Artist's labor costs:
Item Amounts:
$10.04 x 4 = $40.16
$34.97 x 4 = $139.88
$7.41 x 8 = $59.28
$10.99 x 8 = $93.28
$5.80x19=$110.20
$8.45x2=$16.90
$9.94 x 1 = $9.94
$4.11 x10=$41.10
Total: $510.74
$2000
Grand Total: 2510.74
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