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2018 04-26 Meeting PacketMeridian Historic Preservation Commission Meeting – April 26, 2018 Page 1 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and / or hearings, please contact the City Clerk’s Office at 888-4433 at least 48 hours prior to the public meeting. Mayor’s Conference Thursday, April 26, 2018 at 4:30 PM City Council Chambers, City Hall 33 E. Broadway, Meridian, Idaho 1. Roll-call Attendance: Blaine Johnston, President Jacy Jones Dawn Cronk Ella Kramer Josh Evarts, Vice President Edward Landis Councilwoman Anne Little Roberts, Ex-Officio 2. Adoption of the Agenda 3. Approval of the February 22, 2018 Meeting Minutes 4. Approval of the Monthly Financial Statement 5. Historical Society and History Center Update (L. Hill) a. Map Collection and Atlas 6. New Business a. Student Competition Awards (B. Johnston) b. Our Next Historic Preservation Plan (2020 – 2025) (B. Johnston) c. City Picnic Thursday, June 14 at 5:30 PM at Kleiner Park (B. Johnston) d. Meridian Masonic Temple Interested in Walking Tour Stop (H. Bodnar) 7. Old Business a. National Preservation Month: “Telling the Stories of Idaho” i. If This Property Could Talk – Distribute Signs May 11 @ 2:00 ii. Participating Properties HISTORIC PRESERVATION COMMISSION MEETING Meridian Historic Preservation Commission Meeting – April 26, 2018 Page 2 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and / or hearings, please contact the City Clerk’s Office at 888-4433 at least 48 hours prior to the public meeting. iii. Archives to Feature b. Walking Tour Coins (B. Johnston) c. Logo Concepts Review (J. Evarts) d. Contract for Photography Services for Historic Buildings (B. Johnston, J. Evarts, H. Bodnar) e. Meridian History Course (D. Cronk, H. Bodnar, B. Nary) f. Meeting with Basque Museum (B. Johnston) g. Area Specific Surveys (B. Johnston) h. National Registry (B. Johnston, J. Evarts) i. 917 N Main St ii. 725 E 2nd Street. iii. Other Properties i. Current Applications (B. Johnston) i. Creason Creek Subdivision No. 2 H-2018-0037 ii. Cherry Blossom RZ, H-2018-0018 8. Reports a. 2017 Annual Report for City Council – February 27 at 6:00 p.m. (B. Jonnston) b. Children’s Museum Update (J. Jones) 9. Next Meeting: May 24, 2018 at 4:30 PM 10. Adjourn Meridian Historic Preservation Commission Meeting Minutes– April 26, 2018 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and / or hearings, please contact the City Clerk’s Office at 888-4433 at least 48 hours prior to the public meeting. Mayor’s Conference Thursday, April 26, 2018 at 4:30 PM City Council Chambers, City Hall 33 E. Broadway, Meridian, Idaho 1. Roll-call Attendance: x Blaine Johnston, President X – 5:30 Jacy Jones o Dawn Cronk x Ella Kramer x Josh Evarts, Vice President x Edward Landis x Councilwoman Anne Little Roberts, Ex-Officio 2. Adoption of the Agenda Motion by J. Jones; second by J. Evarts to adopt the agenda – all ayes – motion carried. 3. Approval of the February 22, 2018 Meeting Minutes Motion by J. Evarts; second by E. Landis to approve the February minutes – all ayes – motion carried. 4. Approval of the Monthly Financial Statement Motion by J. Jones; second by E. Landis to approve the monthly financial statement – all ayes – motion carried. 5. Historical Society and History Center Update (L. Hill) a. Map Collection and Atlas J. Jones volunteered to help with this project; she suggested that HPC work with Greg from Modern Printers rather than purchasing portfolios and sheet protectors through an out-of-Meridian company. 6. New Business a. Student Competition Awards (B. Johnston) The commissions discussed that they need to be better about reaching out to the students. Motion by J. Jones; second by J. Evarts to award the two submissions by Kylee Bodily and Laura Kramer – all ayes – motion carried. HISTORIC PRESERVATION COMMISSION MEETING MINUTES Meridian City Council Meeting Agenda May 24, 2018 – Page 3 of 10 Meridian Historic Preservation Commission Meeting Minutes– April 26, 2018 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and / or hearings, please contact the City Clerk’s Office at 888-4433 at least 48 hours prior to the public meeting. b. Our Next Historic Preservation Plan (2020 – 2025) (B. Johnston) H. Bodnar told the commission that their last preservation plan was approved in 2014 and they may want to consider a five year revision. H. Bodnar will email commissioners their current plan and the State Historic Preservation Plan to review for further discussion. c. City Picnic Thursday, June 14 at 5:30 PM at Kleiner Park (B. Johnston) B. Johnston shared the invitation for the picnic. J. Jones clarified that the RSVP should be sent to Lberg@meridiancity.org . d. Meridian Masonic Temple Interested in Walking Tour Stop (H. Bodnar) L. Hill said that the building was built in 1957, so the building meets the 50 year requirement. J. Jones liked the idea, though she said they should definitely be added digitally first, and then later, when we need another print of brochures we can include it later. J. Evarts asked about putting a ‘boundary’ on the properties included. Motion by J. Evarts; second by J. Jones to add the Masonic Lodge to the app and work to establish criteria for future additions to our tour – all ayes – motion carried. 7. Old Business a. National Preservation Month: “Telling the Stories of Idaho” i. If This Property Could Talk – Distribute Signs May 11 @ 2:00 B. Johnston will help distribute the signs. H. Bodnar will send him a calendar invite. ii. Participating Properties Commissioners discussed how to promote the event and how to modify the drafted flier. J. Jones recommended to schedule tours. HPC tour guides will call out the businesses on the first page that are going to stay open after hours to encourage independent viewing. Motion by J. Jones; second by J. Evarts for not-to-exceed $200 for food/booties/supplies for the main event if needed – all ayes – motion carried. iii. Archives to Feature L. Hill clarified that the basement archives will not be open, but maps can be brought up and the History Center open. b. Walking Tour Coins (B. Johnston) Commissioners were asked to share the video with their networks. c. Logo Concepts Review (J. Evarts) Meridian City Council Meeting Agenda May 24, 2018 – Page 4 of 10 Meridian Historic Preservation Commission Meeting Minutes– April 26, 2018 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and / or hearings, please contact the City Clerk’s Office at 888-4433 at least 48 hours prior to the public meeting. Continued to June. d. Contract for Photography Services for Historic Buildings (B. Johnston, J. Evarts, H. Bodnar) J. Evarts suggested a 30 window for response from applicants, instead of two weeks. T. Baird noted that the agreement could include a renewal of contract. Add notes from audio. H. Bodnar will clean up and prepare the document for release, get approvals from City Staff, then share with commissioners. e. Meridian History Course (D. Cronk, H. Bodnar, B. Nary) H. Bodnar provided an update that the course is on schedule and people can register through the Park’s Summer Activity Guide. f. Meeting with Basque Museum (B. Johnston) B. Johnston has talked with the museum board a little bit about oral histories and will continue to discuss. L. Hill added that the interviews should be transcribed in the long run. g. Area Specific Surveys (B. Johnston) B. Johnston wants to explore quasi ‘historic districts’ or ‘historic neighborhoods’ – something that isn’t regulated, but that is planned for in some historic way. B. Johnston suggested focusing on the neighborhood west of Meridian Rd. h. National Registry (B. Johnston, J. Evarts) i. 917 N Main St ii. 725 E 2nd Street. iii. Other Properties B. Johnston met with the Hungry Onion. The owner is looking at doing some work to make the building look more how it used to look. B. Johnston said there may be a cultural significance argument there for its listing. This building was built in 1958. H. Bodnar can create an action item for this in the next meeting. J. Evarts will reach out to the Speedway and set up a time with B. Johnston. i. Current Applications (B. Johnston) (Councilwoman Anne Little Roberts excused herself from the room for these discussions.) Meridian City Council Meeting Agenda May 24, 2018 – Page 5 of 10 0 im i. Creason Creek Subdivision No. 2 -H -2018-003T H. Bodnar asked the commission to ignore this agenda item, she couldn't recall why it was included. ii. Cherry Blossom RZ, H-2018-0018 B. Johnston drove by the property off Cherry about a week prior to this meeting. Since that time, the house on the property was demolished. Motion by J. Evarts, second by E. Landis to approve not -to -exceed $200 for photography services between now and the time that our RFP is awarded — all ayes — motion carried. (Councilwoman Anne Little Roberts was waved back in and returned to the meeting.) Reports a. 2017 Annual Report for City Council — February 27 at 6:00 p.m. (B. Jonnston) B. Johnston shared a thank you and summary of how the report was received. b. Children's Museum Update (J. Jones) Tabled Next Meeting: May 24, 2018 at 4:30 PM Adjourn Motion by J. Evarts; second by E. Landis to adjourn — all ayes —motion carried. Meeting ended at (AUDIO WORDING ON FILE C)F THESE PROCEEDINGS) JOHNS ATTEST C. JAY PRESIDENT Taw 1 Q:;f'7�i- DATE ROVED .,0Q1D AUGQS, O¢SO 7 I �� O City �4 _V�JDIP„N ' Iry �w. p68 o f t!e 74E�5�1 Meridian Historic Preservation Commission Meeting Minutes— April 26, 2018 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and / or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. CITY of MERIDIAN FY2018 (10/1/2017 thru 9/30/2018) Budget for Historic Preservation & Historical Society As of: 3/31/2018 Acct#AGENCY / VENDOR Effective Date DESCRIPTION FY2018 BUDGET EXPENDITUR ES Available Budget BUDGET 10/1/2017 Budget for misc 300.00 Historical Society budget for misc expenses 300.00 - 300.00 BUDGET 10/1/2017 Budget for Consulting 5,000.00 BUDGET 10/1/2017 Budget for Training 2,500.00 BUDGET 10/1/2017 Budget for Supplies 400.04 BUDGET 10/1/2017 Budget for Memberships 325.00 BUDGET 10/1/2017 Budget for Printing/Promotional 1,500.00 BUDGET 10/1/2017 Budget for Continuing Education Program 1,000.00 BUDGET 10/1/2017 Budget for Historical District Branding 5,000.00 53801 OFFICE DEPOT, INC. 10/26/2017 Post Cards for HPC - Qty 2 Boxes 16.88 53801 CITY OF MERIDIAN PETTY CASH 11/30/2017 Reimburse Petty Cash November 2017 - Water, Soda, Cookies for HPC Programs: ADA Co Treasure Award & Tax Credits, H. Bodnar, 11/8/17 16.02 53801 TOUR BUDDY LLC 2/26/2018 Historic Walking Tour App Annual Maintenance 4/1/18 - 3/31/19 1,000.00 34881 MERIDIAN DOWNTOWN BU 1/26/2018 MOU contribution for 50% annual maint fee Tour Buddy App (500.00) 53801 MASTERCARD 3/1/2018 MC Clerks, #0521, 2/28/18 Statement - National Alliance of Preservation Commissions, 2/15/18, Membership to National Alliance of Preservation Commission for HPC - 2/15/18-2/14/19 150.00 Historic Preservation 15,725.04 682.90 15,042.14 TOTALS 16,025.04 682.90 15,342.14 4/24/2018 1 of 1 Historic Preservation reports (2) HPC — March 2018 It's been a fairly quiet month — we do have another couple that will be helping at the center after a time has been determined. Both are retired teachers from the West Ada school district. One newcomer has joined the Historical Society. Robbie is continuing to work on the census reports, eventually leading to a location of early village dwellers homes. A chance remark from Mayor Tammy about the number of maps the Historical Society had in the collections has led to the possibility of an "atlas" of those maps which you'll hear more about later. We are expecting some Scouts from "venturing crew" #62 (boys & girls) to come with the project of building us a book case for the Davidson Collection which has many oversize books that are too large for the current bookcase. This group is from the local United Methodist Church. We have copies of "Before the Times" available for sale again having just received 5 more copies. This is a collection of materials gathered from the Statesman & Evening Capital News before the Meridian Times began publishing in 1909. It covers the years from 1884-1909. The early voting on the school bonds brought extra visitors to the center. 1 HPC – April 2018 It has been a quiet month – Robbie is on his annual anniversary cruise so we are not open as many days. Work has progressed on the “Atlas” map project & corrections have been made to the property owners list for Old Town subdivision. Meridian will be 125 years old on the date of the filing of the town plat, August 18, 2018. My hope is that we might have the atlas well enough underway to make the “Atlas” our contribution for the anniversary. We shared Meridian history with a CWI student for a report for one of his classes. City Picnic For City Employees, Volunteers and Their Families City of Meridian Family Picnic Thursday, June 14, 2018 5:30 pm Julius M. Kleiner Memorial Park (Shelter A-1, by the Playground) Hamburgers, Hotdogs, Sides & Dessert Nearby Playground and Splash Pad Bounce House * Music * Door Prizes Employee & Volunteer Recognition Awards will be presented! Nominations are due to H.R. by Friday, May 4, at 5:00 pm. Please RSVP by June 8 to Laura Lee Berg at: lberg@meridiancity.org HISTORIC monthpreservation view archival items from the Meridian Historical Society at City Hall and join commissioners on tours of buildings on our historic downtown walking tour Meridian's Historic Preservation Commission invites you to celebrate on Thursday, May 24 from 5:30 - 7:00 p.m. HISTORIC WALKING TOUR sneak peakinsider's  Read the info below each image to see how you can move about each site from 5:30 - 7:00 p.m. on Thursday, May 24.  Please be respectful of these property owners. If a property isn't listed here, please do not invade their privacy. Images used courtesy of the Meridian Historical Society, Robert Mortensen, and Jason Murphy (Hill Photography Studios) corner of Pine and NW 1st Street PINE STREET SCHOOL Friends of the Pine Street School will be on site throughout the evening. You can walk into the school and ask them questions. 611 E. Main Street ZAMZOW ELEVATOR Zamzow family members will be on site to share family history and offer tours of the Meridian Mill in groups. 124 E. Idaho Avenue RICE PHARMACY Casey Hess, shop owner of As You Wish Clothiers, will have the building open after hours for the public to walk into and check out.  139 E. Idaho Avenue HOYNE BUILDING Current tenant, Coffee. Paint. Repeat. will have the building open after hours for the public to walk in to and check out. 211 E. State Avenue NOURSE HOUSE Richard Nourse will have his front room open so people can view a few of his historic collections. Please enter and exit through the front door. 136 E. Idaho Avenue IDAHO BUILIDING This building will be open after hours for the public to walk into and  view. Please don't open closed doors, since this space is shared by multiple tenants. 1123 N. Main Street CLARA HILL HOUSE Currently housing a photography studio, this property will have the back gates open, so the public may tour the exterior of the site. 137 E. Pine Avenue BELL HOUSE Dennis and Jamie Piatt will let people tour the first floor of their home and the exterior perimeter of their property. Don't forget to  download our Meridian Historic Walking Tour app and earn a challenge coin! Images used courtesy of t Jason Murphy (Hill Photography Studios) 611 E. Main Street ZAMZOW ELEVATOR aka the Wechbaugh Elevator Who were the Wechbaugh's The Mill was built in 1911, and purchased by the Zamzows in 1953. Z family history Property history REQUEST FOR PROPOSALS FOR CONTRACTED PHOTOGRAPHY SERVICES FOR HISTORIC PROPERTIES PURPOSE The Meridian Historic Preservation Commission is seeking a photographer to help us capture images of historic properties before they are impacted by development. INTENT OF THE CITY The objective of this request for proposals is to provide sufficient information to enable qualified respondents to submit written proposals. This document is not a contractual offer or commitment to purchase services. Contents of this request for proposals and respondent’s proposals will be used to establish a final contract. This document and respondent’s proposals may be attached or included as a reference in an agreement between the City and successful respondent. SCOPE OF SERVICES See Form A for scope of services. CRITERIA FOR SELECTION Historic Preservation Commissioners and/or City Staff may help score proposals. Criteria for selection will be broken down as follows:  Adherence to the Request for Proposals; (10 points)  Quality of work; (40 points)  Experience (and/or Letters of Reference); (20 points)  Cost; and (20 points)  Consistency with City policy and community values;. (10 points) AWARD The City of Meridian reserves the right to make an award on any item, group of items in the aggregate to that/those highest ranked responsive and responsible contractors (s) whose proposal (s) is/are most responsive to the needs of the City. The City reserves the right to waive any informalities or minor irregularities in connection with the Proposals received. Within thirty (30) days after the proposal review, a contract may be awarded by the City to the highest ranked proposer, subject to the right of the City to reject all Proposals, as it may deem proper in its absolute discretion. The time for awarding a contract may be extended at the sole discretion of the City if required to evaluate proposal or for such other purposes as the City may determine, unless the Proposer objects to such extension in writing with her/his Proposal. After the City has identified the proposal with the best value for the City, the City shall have the right to negotiate with the respondent over the final terms and conditions of the contract. These negotiations may include bargaining. The primary objective of the negotiations is to maximize the City’s ability to obtain best value, based on the requirement and the evaluation factors set forth in the Request for Proposals. If an agreement cannot be reached, the negotiation will be terminated and similar negotiations will occur with the second ranked firm. The City of Meridian does not discriminate on the basis of race, religion, sex, national origin, marital status, age, physical handicap, ownership by women or minorities or sexual orientation. All provisions of the City Code are applicable to any Proposal submitted or contract awarded pursuant thereto. FORM CONTRACT Exceptions and Alternatives: The Contract attached to this Request for Proposal (“RFP”) and, by this reference, made a part hereof, contains the terms and conditions that apply to the performance of this work. If the proposer suggests alternatives or states exceptions to any term or condition in the Agreement, or to any provision of the RFP, such alternative or exception shall be clearly stated and identified in the submitted proposal. Any alternative must satisfy all minimum qualifications specified in the RFP. The City expressly reserves the right, in it’s sole discretion, to (1) reject a proposal containing any exception or alternatives as non-conforming, or (2) accept any proposal alternative or exception and to award a contract based there on if determination to be in the best interest of the City. If no alternative or exceptions are noted, submission of a proposal shall be the proposer’s acceptance of the Contract as included in this RFP. The successful proposer will be expected to sign the Contract upon award of the RFP. LATE PROPOSALS AND MODIFICATIONS Proposals and modifications thereof received after the time of closing (4:00 p.m. MT, May 18, 2018 will not be considered. WITHDRAWAL OF PROPOSALS Unless otherwise specified, proposals may be withdrawn by written request received from respondent prior to the time set for closing of proposals. Comment [HB1]: Is this enough time to allow for proposals to be received if release date is April 2? PROPOSAL REQUIREMENTS To receive consideration, the proposal must comply with the following additional requirements: a. The proposal (Form A) and all other documents or material submitted will be deemed to constitute part of the proposal. b. Proposals must be valid for a period of one (1) year from the date of opening. PUBLIC RECORDS The City of Meridian is a public agency. All documents in its possession are public records. Proposals are public records and, except as noted below, will be available for inspection and copying by any person. If any Proposer claims any material to be exempt from disclosure under the Idaho Public Records Law, the Proposer will expressly agree to defend, indemnify and hold harmless the City from any claim or suit arising from the City's refusal to disclose any such material. No such claim of exemption will be valid or effective without such express agreement. The City will take reasonable efforts to protect any information marked "confidential" by the Proposer, to the extent permitted by the Idaho Public Records Law. Confidential information must be submitted in a separate envelope, sealed and marked "Confidential Information" and will be returned to the Proposer upon request after the award of the contract. It is understood, however, that the City will have no liability for disclosure of such information. Any proprietary or otherwise sensitive information contained in or with any Proposal is subject to potential disclosure. ANTICIPATED SCHEDULE April 2, 2018 Proposals Released May 18, 2018 Proposals Due May 24, 2018 Selection May 25, 2018 Respondent’s Notified of Selection Results June 26, 2018 Anticipated Council Approval of Contract June 29, 2018 Notice to Proceed MERIDIAN HISTORIC PRESERVATION COMMISSION’S REPRESENTATIVES Blaine Johnston, President 33 E. Broadway Ave. Suite 104 Meridian, ID 83642 hpc@meridiancity.org Hillary Bodnar, Commissions and Committees Specialist 33 E. Broadway Ave. Meridian, ID 83642 hbodnar@meridiancity.org 208-489-0399 Comment [HB2]: I think that this contract should be valid for at least one year, and then upon renewal (annually) FORM A - PROPOSAL FOR THE HISTORIC PRESERVATION COMMISSION MUST BE RECEIVED PRIOR TO 4:00 PM ON FRIDAY, MAY 18, 2018. PROPOSALS MAY BE DELIVERED IN PERSON, MAILED, OR EMAILED (PDF SCANS). 33 EAST BROADWAY AVE., STE 104, MERIDIAN, ID 83642 or HPC@MERIDIANCITY.ORG FOR: CONTRACTED PHOTOGRAPHY SERVICES FOR HISTORIC PROPERTIES RESPONDENT’S BUSINESS CONTACT INFORMATION Name: __________________________________________________________ Mailing Address: __________________________________________________________ __________________________________________________________ __________________________________________________________ Phone: __________________________________________________________ Email: __________________________________________________________ Type of Business: [ ] Individual doing business under own name [ ] Corporation [ ] Individual doing business using a firm name [ ] Partnership [ ] Joint venture (Please attach Joint Venture Agreement) [ ] LLC (Limited Liability Corporation To the Historic Preservation Commission: The undersigned, as vendor, certifies under penalty of perjury that the only persons or parties interested in this quote as principals are those named herein as vendor; that this quote is made without collusion with any other person, firm, or corporation; that in submitting this he/she has examined the “General Conditions and Instructions to vendors” and the specifications; that he/she proposes and agrees if this quote is accepted, he/she will perform all the work and /or furnish all the materials specified in the contract, in the manner and time therein prescribed, and according to the requirements as thein set forth; and that he/she will take in full payment therefore, the prices set forth in the attached schedule. ____________________________________ ____________________________________ Typed or Printed Name and Title Signature Address (if different than above business address) SCOPE OF SERVICES Contractor shall take photographs of historic properties in Meridian, Idaho upon request and with direction from the Meridian Historic Preservation Commission and/or their designated City Staff. Contractor shall provide high-resolution .jpg files, suitable for reproduction for all purposes, of 6 – 10 final edited images representative of each property. The Meridian Historic Preservation Commission cannot guarantee the number of properties that will require Contractor services. The Historic Preservation Commission also has a set budget, so the number of property requests may be capped in accordance with their annual budget. Contractor will coordinate with assigned City Staff to schedule time(s) to take property photos This work can be time-sensitive and the Contractor may need to complete an assignment within as little as two weeks from request/notice.. Contractor shall provide services and work consistent with the requirements and standards established by applicable laws and regulations. Contractor shall have all materials and equipment and offer the services necessary to perform and accurately record the work described above. Contractor represents and warrants that s/he will perform all work in accordance with generally accepted indus try standards and practices for the profession or professions that are used in performance of this work. SAMPLES OF WORK Please attach 3 – 5 examples of your work, focus on examples that may be relevant to photographing properties, buildings, or structures. If emailing, these samples should be in jpg format. EXPERIENCE Please attach a copy of your resume and any letters of recommendation for your services. ESTIMATED COST PER PROPERTY $ _________________________ Description of cost breakdown: _______________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ CITY POLICY AND COMMUNITY VALUES Please attach a short letter that demonstrates why you think you would be a good fit for the Meridian Historic Preservation Commission’s photography services. FORM CONTRACT PROFESSIONAL SERVICES AGREEMENT FOR PHOTOGRAPHY SERVICES AND PHOTOGRAPH PURCHASING AGREEMENT This PROFESSIONAL SERVICES AGREEMENT FOR PHOTOGRAPHY SERVICES AND PHOTOGRAPH PURCHASING AGREEMENT (“Agreement”) is entered into this _____ day of June, 2017, by and between the City of Meridian, Idaho, whose address is 33 E. Idaho, Meridian, Idaho (“City”), and Jason Murphy, on behalf of Hill Photography Studio, LLC, a limited liability company organized under the laws of the state of Idaho (“Contractor”) (collectively, “Parties”). WHEREAS, City, by and through the Meridian Historic Preservation Commission (“HPC”), seeks professional photography services and photographs to be used for various applications, including, but not limited to, advertising, marketing, education, promotion, and public information; WHEREAS, Contractor is qualified to provide the photography services desired by City, and is willing to deliver such photographs to HPC for these enumerated and other uses, whether known or unknown; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties hereto do mutually agree as follows: 1. Scope of services. Contractor shall take photographs of historic properties in Meridian, Idaho, as enumerated in Exhibit A hereto, and provide a high-resolution .jpg file, suitable for reproduction for all purposes, of each photograph taken. Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable laws and regulations. Contractor represents and warrants that he will perform all work under this Agreement in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. 2. Payment. City will pay Contractor for services rendered and deliverables provided pursuant to this Agreement in the total amount of nine hundred dollars ($900.00), which payment shall be made by City within thirty (30) days of receipt of completed W-9 form and itemized invoice. 3. Term. Contractor shall provide to City all services and deliverables by 5:00 p.m. on July 31, 2017. 4. Time of the essence. The Contractor acknowledges that services provided under this Agreement will be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely Comment [HB3]: Ask Bill/Michelle, can we use a lot of the meat from this agreement with Jason Murphy (Hill Photography) for our form contract Contract to include something about renewal perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 5. Copyright. The copyright for all photographs taken and provided pursuant to this Agreement shall be owned by City. The Contractor shall reserve no right to reproduce the photographs in any manner or for any purpose, though the Contractor may request such right from City, which right City shall not unreasonably withhold. Any such right shall be conveyed in writing, and if not in writing shall not be considered duly or validly conveyed. City may use partial or complete images of such photographs for promotional or other public use without further permission from Contractor. While Contractor shall make no claim to the copyright of the photographs, Contractor shall be identified as the creator of the photographs, where ever practicable, as to any reproduction of the photographs by City. 6. Waiver and Relinquishment of Rights. Contractor hereby expressly waives any and all right, title, or interest in the photographs taken and provided pursuant to this Agreement. Contractor understands that said waiver includes waivers of the exclusive rights of reproduction, adaptation, publication, performance and display. Contractor agrees to relinquish any and all rights, title, and interest to the photographs taken or provided in connection with this Agreement and hereby expressly waives any rights Contractor has to said photographs, including, but not limited to, any rights afforded under the Copyright Act of 1976 and the Visual Arts Rights Act of 1990, Title 17 U.S.C. Sections 101 et seq. Contractor understands and agrees that the right of attribution and integrity, as specifically set forth in 17 U.S.C. Section 106A, are hereby expressly waived except as otherwise provided herein. To the extent that the provisions of this Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990, the provisions of this Agreement will govern and any such differences in the rights and duties created thereunder are expressly waived. 7. Relationship of Parties. It is the express intention of Parties that Contractor is an independent Contractor and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Contractor and City or between Contractor and any official, agent, or employee of City. Both parties acknowledge that Contractor is not an employee of City. Contractor shall retain the right to perform services for others during the term of this Agreement. 8. Notices. Any and all notices required to be provided by either of the parties hereto, unless otherwise stated in this Agreement, shall be in writing and be deemed communicated when mailed by United States Mail, addressed as follows: If to City: If to Contractor: City of Meridian Commissions & Committees Specialist 33 E. Broadway Avenue Meridian, Idaho 83642 Jason Murphy Hill Photography Studio 340 North Avenue B Kuna, ID 83634 Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 9. Waiver and indemnification. Contractor waives any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Contractor’s performance of this Agreement except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees. Further, Contractor will indemnify, hold harmless, and defend City against any and all claims, demands, damages, costs, expenses or liability arising out of Contractor’s performance of this Agreement except for liability arising out of the concurrent or sole negligence of City or its officers, agents or employees. 10. Insurance Contractor’s responsibility. City shall not provide insurance to cover loss, theft, or damage of Contractor’s equipment or photographs, or to cover any activity undertaken by Contractor in the furtherance of Contractor’s rights or obligations described herein. Insurance of the photographs; of Contractor’s person, property, or interests; and/or of Contractor’s employees or agents shall be the sole responsibility of Contractor. Contractor shall obtain all necessary insurance as may be required in order to protect Contractor’s insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker’s compensation insurance, and/or insurance of the photographs. Contractor shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the photographs prepared for City. 11. Discrimination prohibited. In performing services pursuant to this Agreement, Contractor shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, s ex, national origin or ancestry, age or disability. 12. Construction and severability. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 13. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. 14. Non-waiver of breach. A waiver of any breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof. 15. Assignment. Contractor may not sub-contract, assign, transfer, hypothecate or sell its rights (including the right to compensation) or duties arising hereunder without the prior express written consent of City. Any subcontractor assignee will be bound by all the terms and conditions of this Agreement. 16. Heirs and assigns. This Agreement shall be binding upon the parties hereto, their heirs, successors, assigns, and personal representatives and references to Contractor and City shall include their respective heirs, successors, assigns, and personal representatives. 17. Termination. If City determines that Contractor has failed to comply with the terms and conditions of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement, City may terminate this Agreement in whole, or in part, at any time, by giving notice, in writing, to Agreement of any or all deficiencies claimed. The notice will be sufficient for all purposes if it describes the default in general terms and provides a reasonable time to cure. If all defaults are not cured and corrected within a reasonable period as specified in the notice, City may, with no further notice, declare this Agreement to be terminated. Notwithstanding the above or any other provision of this Agreement, Contractor shall not be relieved of liability to City for damages sustained by City by virtue of any breach of this Agreement by Contractor. This provision shall survive the termination of this Agreement and shall not relieve Contractor of liability to City for damages. 18. Attorney's fees. In any action by City or Contractor for recovery of any sum due under this Agreement, or to enforce any of the terms, covenants, or conditions contained herein, the prevailing party shall be entitled to reasonable attorney's fees in addition to costs and necessary disbursements incurred in such action. 19. Governing law. This Agreement shall be governed by the laws of the State of Idaho. 20. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement 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 Agreement on the Effective Date first written above. CONTRACTOR: __________________________________ [CONTRACTOR] CITY OF MERIDIAN BY: __________________________________ Attest: ______________________________ Tammy de Weerd, Mayor C.Jay Coles, City Clerk V Z W Z J ec N m o t g m V m n rnl Y � Y v y •b W .mv+ - O � - a — d a o z is _ �z -a ep E .3 v x N � C 7. d ry wmar E H E C p E c o 0 0 -o � m � I I I f d O C Q J c 0 a oC�� p m EL E c = OC n o m v O 6J ~ L m Ot V o.o i p O N C C N C y v aD W p �Im J d CD O C a = ^O r E A o w c E E E B E E E E E E A A A A A A o M o M O� M M _O O_ O T O_ OI O I O I O I O n0'1 M O M /O/1 M O M O W W CO OOT W O d d d d d >> > o 0 0 o e I I I I I I 6 Q _ n yo_ 0.2 2 — �� d d d d d >> > o 0 0 o e I I I I I I 6 Q