Loading...
HomeMy WebLinkAboutPSA with Daniel Borup for Installation of Meridian City Hall Plaza ArtworkPROFESSIONAL SERVICES AGREEMENT FOR FABRICATION AND INSTALLATION OF MERIDIAN CITY HALL PLAZA ARTWORK This PROFESSIONAL SERVICES AGREEMENT FOR FABRICATION AND INSTALLATION OF MERIDIAN CITY HALL PLAZA ARTWORK ("Agreement") is made this &` day of January, 2016 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Daniel Borup, an individual whose address is 426 Walnut Street, Shelley, Idaho ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, City desires that public art will be a component of the Meridian downtown, and to that end, seeks to commission artwork to be installed in City Hall Plaza; WHEREAS, Artist has designed "Out on the Town," an installation of three bronze sculptures depicting three children enjoying a day in Meridian, as generally depicted in Exhibit hereto ("Artwork"); WHEREAS, following MAC's recommendation to the Meridian City Council that Artist's proposal be commissioned for installation at City Hall Plaza, the Meridian City Council did adopt such recommendation at its regular meeting on December 1, 2015; and 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. Artist shall design and fabricate at least three (3) bronze sculptures as described and depicted in Exhibit A, and shall install such Artwork in the location authorized by the City Project Manager, on the north side of City Hall Plaza, located at 33 E. Broadway Avenue, in Meridian, Idaho ("Site"). Artwork installation and Site restoration, including restoration of irrigation, landscaping, pathway, and curbing, if necessary, shall comply in all respects with established engineering standards, Idaho Standards for Public Works Construction, all established policies and ordinances of the City of Meridian, including the Meridian Parks & Recreation Department, and the direction of the City Project Manager. Artist shall engage an independent testing agency to test and inspect construction materials and methods. II. COMPENSATION. A. Total amount. The total payment to Artist for the design, fabrication, and installation of the Artwork shall be thirty-six thousand, one hundred dollars ($36,100.00). This amount shall constitute full compensation for any and all design, fabrication, installation, or other services; travel; materials; shipping; contingency; commission; artist fee; and other costs of work to be performed or furnished by Artist. PROFESSIONAL SERVICES AGREEMENT — CITY HALL PLAZA ARTWORK PAGE I of 13 B. Method of payment. Artist shall provide to City one (1) completed W-9 form, and invoices for services and/or materials provided pursuant to the payment schedule set forth herein, 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 Agreement. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Artist. C. Payment schedule. Artist shall be paid pursuant to the following benchmarks: City Approval of Detailed Plan: $5,000.00 shall be paid to Artist within thirty (30) days of the City Project Manager's approval of Artist's detailed plan for fabrication of the Artwork and installation of the Artwork at the Site ("Detailed Plan"). The Detailed Plan shall include: a. Detailed project timeline; b. Detailed, to -scale site plan for the installation of the Artwork at Site; c. Plan for coordination with the Meridian Parks & Recreation Department regarding landscaping and utilities; d. Construction drawings and structural calculations for the Artwork, reviewed and stamped by an engineer certified in the state of Idaho; e. Plan for engaging an independent testing agency to test and inspect construction materials and methods; and f. Plan for Site restoration following Artwork installation. 2. Artwork Sculpture: $15,000.00 shall be paid to the Artist within thirty (30) days of Artists' completion of the sculptures prior to bronzing, as demonstrated to and approved in writing by the City Project Manager. Final Completion: $16,100.00 shall be paid to the Artist within thirty (30) days of Final Completion, which shall be defined as: a. Complete installation of the completed Artwork at the Site, as confirmed by the City Project Manager; b. Artist's submission to the City Project Manager of a recommended maintenance plan for the Artwork; c. Artist's submission to the City Project Manager of a report from an independent testing agency approving construction materials and methods; d. Final inspection and approval of the installation of Artwork at the Site by the City Project Manager and City Building Official; and e. Execution of a mutually agreed-upon acceptance agreement to include Artist's indemnification of City; express waiver of Artist's right, title, or interest in the Artwork; and waivers of lien from any and all sub -contractors and major materials suppliers; which agreement shall be prepared by the City Attorney's Office and approved by Meridian City Council. PROFESSIONAL SERVICES AGREEMENT — CITY HALL PLAZA ARTWORK PAGE 2 of 13 III. TIME OF PERFORMANCE. A. Timeline. In addition to the benchmarks set forth in the timeline prepared by Artist as part of the Detailed Plan, the Parties shall meet the following deadlines: 1. By 5:00 p.m., February 5, 2016: Artist shall complete Submission of the Detailed Plan to the City Project Manager. The City Project Manager shall review, request modifications as necessary, and approve the Detailed Plan, either as submitted or as modified pursuant to mutual agreement, within fourteen (14) days of receipt thereof. 2. By 5:00 p.m., June 14, 2016: Artist shall complete Artwork Sculpture and obtain written approval of same by the City Project Manager. The City Project Manager shall approve, or approve as modified, such sculpture within fourteen (14) days of Artist's notice of such completion. Prior to issuing approval, the City Project Manager shall determine that the Artwork, as sculpted, is in keeping with Artist's representations as set forth in the proposal set forth in Exhibit A. Non -material design refinements and/or improvements shall be left to the discretion of the Artist. 3. By 5:00 p.m., June 17, 2015: City Project Manager shall apply for any and all necessary permits or approvals from the City of Meridian for the installation of the Artwork, which may include Certificate of Zoning Compliance from the Community Development Department/Planning Division; and permitting and inspection by the Community Development Department/Building Services Division. Artist shall provide any information to City Project Manager necessary to complete such applications. By this date, Artist shall also coordinate with the Meridian Parks & Recreation Department regarding placement of the Artwork and restoration of landscaping and utilities, and shall obtain any and all necessary permits or approvals that may be required by the Ada County Highway District. 4. By 5:00 p.m., August 31, 2016: With prior approval and all necessary permits and/or permissions, Artist shall be responsible for installing Artwork to a stage at which City can utilize the Artwork for its intended use ("Substantial Completion"). Artist shall immediately notify the City Project Manager of any delay that occurs or is anticipated to affect the installation. Following Substantial Completion, Artist shall schedule a Substantial Completion inspection by the City of Meridian Project Manager and the City of Meridian Community and Development Services Department/Building Services Division. Following the Substantial Completion inspection, the City Project Manager shall prepare and submit to Artist a comprehensive list of tasks or items to be completed or corrected prior to Final Completion. Failure to include a task or item on such list shall not alter the Artist's responsibility to complete the Artwork in accordance with Exhibit A and the Detailed Plan. 5. By 5:00 p.m., September 9, 2016: Artist shall be responsible for Final Completion. The City Project Manager may extend the date of Final Completion for a reasonable PROFESSIONAL SERVICES AGREEMENT — CITY HALL PLAZA ARTWORK PAGE 3 of 13 amount of time only if such delay is due to circumstances and events beyond the control of Artist or pursuant to a written agreement by the Parties. 6. By 11:59 p.m., September 20, 2016: Provided that Artist has completed Final Completion, as provided herein, City shall execute Final Acceptance of the Artwork, which shall be signified by City's adoption of a resolution indicating that the City accepts the delivery of the Artwork as designed, fabricated, and installed. B. Time of the essence. The Parties acknowledge that services provided under this Agreement shall 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 perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. C. Inspection. The Artist shall provide the City Project Manager and/or City with reasonable opportunities to review the progress of the Artwork to ensure compliance with the timeline and the proposal as described and depicted in Exhibit A hereto or as mutually agreed by the Parties in writing, upon City Project Manager's request. If during such inspection, or in the course of the approval processes required herein, the City Project Manager or City concludes that the Artwork or any portion or component thereof do not conform to the timeline or to the proposal as described and depicted in Exhibit A hereto or as mutually agreed by the Parties in writing, notice of the specific non -conformity and request for Artist to address the specified non -conformity shall be given to Artist in writing as soon as practicable. Artist shall have fourteen (14) days to address and correct any non -conformity. If, upon City Project Manager's re -inspection, the City Project Manager concludes that the Artwork or the nonconforming portion or component thereof remain nonconforming, termination procedures may commence. City's failure to disapprove in writing shall constitute presumptive approval of the Artwork as inspected. Iv. MAINTENANCE AND REPAIR. A. Two years following Final Acceptance. Artist shall be fully responsible for all parts and workmanship of the Artwork for a period of two (2) years after City's Final Acceptance of the Artwork, and during such time shall replace any defective parts and/or rework any defective craftsmanship in a timely fashion at no cost to City, except that during such period Artist shall not be required to replace or repair any damage to the Artwork caused by City's employees, by vandalism, or by an act of God. B. Determination of need for repair. At all times, including the first two years following Final Acceptance, City shall make any and all determinations regarding whether the Artwork' parts and/or craftsmanship require maintenance, restoration, or repair. Artist may be asked to provide input regarding such matters, but all decisions regarding the need for maintenance, restoration, or repair shall be made by City. PROFESSIONAL SERVICES AGREEMENT — CITY HALL PLAZA ARTWORK PAGE 4 of 13 C. Maintenance, restoration, and repair. City shall provide basic maintenance, restoration, and repair of the Artwork at City's cost. In the event that the Artwork is damaged or destroyed, in whole or in part, City may, at its sole election, restore the Artwork, subject to receipt of any insurance proceeds and availability of sufficient funds. V. CREATION, INTEGRITY, AND OWNERSHIP OF ARTWORK. A. Waiver and relinquishment of rights. Between Artist's Final Completion and City's Final Acceptance, Artist shall expressly waive any and all right, title, or interest in the Artwork. Artist understands that this waiver shall include waivers of the exclusive rights of reproduction, adaptation, publication, and display. Artist agrees to relinquish any and all rights, title, and interest to the Artwork developed in connection with this Agreement, and hereby expressly waives any rights Artist has to the Artwork, including, but not limited to, the rights afforded artists under the Copyright Act of 1976 and the Visual Arts Rights Act of 1990, Title 17 U.S.C. §§ 101 et seq. Artist understands and agrees that the right of attribution and integrity, as specifically set forth in 17 U.S.C. § 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. B. Limited edition. Artwork shall be a limited edition of one (1). Artist warrants and represents that the Artwork designed, fabricated, and installed pursuant to this Agreement has never heretofore been designed, fabricated, installed, created, published, or copied and that Artist is the sole creator and owner of all rights in the Artwork and the design thereof. C. Ownership. Upon City's Final Acceptance, the Artwork shall be owned by City. Following Final Acceptance, City may remove the Artwork from the Site and/or move the Artwork to another location, at City's sole election and discretion. D. No copyright. Artist shall not make any claim to the copyright of the Artwork. E. Photographs of Artwork by City. City may photographically reproduce the image of the Artwork and all preliminary studies, models and maquettes thereof, as City may desire for educational and public information purposes. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photographic reproduction to be the creator of the original subject thereof, provided that photographic reproductions of preliminary studies, models and maquettes shall not be identified as or represented to be the finished Artwork. F. Photographs of Artwork by Artist. Artist may photographically reproduce the image of the Artwork and all preliminary studies, models and maquettes thereof, as Artist may desire for marketing, educational and public information purposes. Where practicable, Artist shall acknowledge on each such photographic reproduction the location of such PROFESSIONAL SERVICES AGREEMENT — CITY HALL PLAZA ARTWORK PAGE 5 of 13 Artwork, provided that reproductions of preliminary studies, models and maquettes shall not be identified as or represented to be the finished Artwork. G. Models of Artwork. City shall at no time create any model, maquette, replica, copy, or any other three-dimensional reproduction of Artwork or any component thereof for any purpose without first entering into a mutually agreed-upon written agreement with Artist governing the creation, use, and/or sale of such model, maquette, replica, copy, or reproduction. Upon Final Completion, Artist shall not create any new model, maquette, replica, copy, or any other three-dimensional reproduction of Artwork or any component thereof for any purpose without first entering into a mutually agreed-upon written agreement with City governing the creation, use, and/or sale of such model, maquette, replica, copy, or reproduction. This provision shall not prevent Artist's creation of any model or mock-up for purposes of designing and/or engineering Artwork prior to Final Completion. H. Alteration of Artwork. If any alteration occurs to the Artwork after installation, whether intentional or accidental and whether caused by City or others, upon written request of Artist, such Artwork shall no longer be represented to be the work of Artist, unless otherwise allowed by Artist in writing. Other than as specified herein, Artist specifically waives the right to claim any other remedy concerning the alteration of the Artwork as provided for under Idaho or federal law, whether by statute or otherwise. I. Use of City name. City hereby conveys to Artist permission to use City's name in all forms and media and in all manners, including, but not limited to, exhibition, display, advertising, trade, and editorial uses, without violation of City's rights of privacy or any other rights City may possess in connection with its commission and purchase of the Artwork. J. Removal from display. City shall have the right to remove the Artwork from Site and/or from public display. In the event that City determines that the Artwork or any component thereof shall be sold, Artist shall be provided the first right of refusal to purchase the Artwork or such component from City. Should Artist choose to purchase the Artwork pursuant to this provision, the price of the Artwork shall be the fair market value thereof. This provision shall expire upon the death of Artist and shall not be extended to Artist's estate unless City so elects. K. Subcontracting or assignment of obligations. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require Artist's artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist's artistic talent or expertise, including, but not limited to, such obligations as transport and installation of the Artwork, and other obligations as outlined in Artist's proposal as set forth in Exhibit A. Any and all subcontractors or assignees shall be bound by all the terms and conditions of this Agreement. PROFESSIONAL SERVICES AGREEMENT — CITY HALL PLAZA ARTWORK PAGE 6 of 13 VI. INDEMNIFICATION, WAIVER, AND INSURANCE. A. Indemnification. Artist shall indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist's servants, agents, employees, guests, and/or business invitees, occurring before City's Final Acceptance of the Artwork. B. Waiver. Artist 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 Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees. C. Insurance to be obtained by Artist. Artist shall obtain and shall maintain, at Artist's own expense, from the Effective Date of this Agreement through City's Final Acceptance of the Artwork, each and all of the following: General liability insurance. General liability insurance with a limit of not less than one million dollars ($1,000,000.00) per each occurrence, combined single limit bodily injury and property damage, covering the actions and omissions of Artist and her employees, agents, and/or workers in fabricating, transporting, and installing the Artwork and/or components or materials thereof, including coverage for owned, non - owned, and hired vehicles, as applicable. 2. Workers' compensation insurance. Artist shall obtain and shall maintain, at Artist's own expense, from the Effective Date of this Agreement through City's Final Acceptance of the Artwork, and throughout the course of this Agreement, workers' compensation insurance, in an amount required by Idaho law, whichever is higher, to cover any and all persons employed by Artist. 3. Insurance of Artwork. Upon completion of the sculptures, through City's Final Acceptance of Artwork, Artist shall procure and maintain, at Artist's own expense, in an all-risk form with limits of not less than twenty thousand ($20,000), and any deductible not to exceed five hundred dollars ($500) each loss, with any loss payable to City. Artist agrees to bear all risks of loss of and/or damage to the Artwork until City's Final Acceptance of Artwork. D. Proof of insurance. Artist shall provide to City, within seven (7) days of the Effective Date of this Agreement, written proof that Artist has obtained all insurance required hereunder. If any change is made to any insurance policy or coverage required under and/or obtained pursuant to this Agreement, Artist or Artist's insurance agent shall notify City immediately. PROFESSIONAL SERVICES AGREEMENT — CITY HALL PLAZA ARTWORK PAGE 7 of 13 E. Insurance to be obtained by Artist's subcontractors. Artist shall require any and all subcontractors employed or utilized in the course and scope of the obligations described in this Agreement to obtain and maintain general liability insurance and workers' compensation insurance in the amounts described herein. Artist shall provide to City, within twenty-four (24) hours of hiring or engaging any subcontractor, written proof that her subcontractors have obtained all insurance required hereunder. F. Insurance to be obtained by City. City shall obtain all necessary property and commercial general liability insurance as may be required in order to protect its insurable interests for its rights and obligations described within this Agreement. Upon City's Final Acceptance of the Artwork, City shall obtain property insurance for the Artwork. G. No cancellation without notice. On all insurance policies required under this agreement, such policies shall provide that they may not be cancelled or reduced in coverage except upon thirty (30) days advance written notice to all Parties. Any cancellation of insurance without appropriate replacement in the amounts and terms set forth herein may constitute grounds for termination of the contract. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with any term or condition 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; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have thirty (30) days after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. Default by City. In the event of termination for non-performance or default by City, City shall compensate Artist for work actually completed by Artist prior to the date of written notice of termination and any verified additional services and materials actually performed or supplied prior to the date of written notice of termination, less payments of compensation previously made, not to exceed the total amount of compensation allowed hereunder. 2. Default by Artist. In the event of termination for non-performance or default by Artist, except that caused by the death or incapacity of Artist, all finished and unfinished drawings, photographs, plans, timelines, and/or any and all other work products prepared and submitted or prepared for submission under this Agreement shall, at City's option, become City's property. Notwithstanding this provision, Artist shall not be relieved of any liability for damages sustained by City attributable to PROFESSIONAL SERVICES AGREEMENT — CITY HALL PLAZA ARTWORK PAGE 8 of 13 Artist's default or breach of this Agreement. City may reasonably withhold payments due until such time as the exact amount of damages due to City from Artist is determined. Artist shall not be relieved of liability to City for damages sustained by City by virtue of any breach or default of this Agreement by Artist. This provision shall survive the termination of this Agreement and shall not relieve Artist of liability to City for damages. B. Termination without cause. City may terminate this Agreement for any reason at any time by providing fourteen (14) days notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. In the event of termination caused by the death or incapacity of Artist, all finished and unfinished drawings, photographs, plans, timelines, and/or any and all other work products prepared and submitted or prepared for submission under this Agreement shall, at City's option, become its property, and the right to fabricate and/or complete fabrication of the Artwork shall pass to City. Notwithstanding this provision, neither Artist nor Artist's estate shall be relieved of any liability for damages sustained by City attributable to Artist's default. City may reasonably withhold payments due to Artist or to Artist's estate until such time as the exact amount of damages due to City from Artist or Artist's estate is determined. Artist shall not be relieved of liability to City for damages sustained by City by virtue of any breach or default of this Agreement by Artist. This provision shall survive the termination of this Agreement and shall not relieve Artist or Artist's estate of liability to City for damages. D. Non -waiver of breach. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent contractor and neither Artist nor any officer, employee, subcontractor, assignee, or agent of Artist shall be deemed an employee, agent, joint venturer, or partner of City in any manner or for any purpose. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. Specifically, without limitation, Artist understands, acknowledges, and agrees: 1. Artist is free from actual and potential control by City in the provision of services under this Agreement. 2. Artist is engaged in an independently established trade, occupation, profession, or business. 3. Artist has the authority to hire subordinates. PROFESSIONAL SERVICES AGREEMENT — CITY HALL PLAZA ARTWORK PAGE 9 of 13 4. Artist owns and/or will provide all major items of equipment necessary to perform services under this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non -Discrimination. Throughout the course of this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. D. 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. E. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. F. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. G. Cumulative Rights and Remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. H. Interpretation. Words of gender used in this Agreement shall be held and construed to include any other gender, and words in the singular shall be held to include the plural and vice versa unless the context otherwise requires. The Agreement and the captions of the various sections of this Agreement are for convenience and ease of reference only, and do not define, limit, augment or describe the scope, context or intent of this Agreement or any part or parts of this Agreement. I. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. J. Successors and Assigns. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. PROFESSIONAL SERVICES AGREEMENT - CITY HALL PLAZA ARTWORK PAGE 10 of 13 K. Notice. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: Artist: City Project Manager: Daniel E. Borup Max Jensen, Capital Projects and Facilities Division 426 Walnut Street Public Works Department Shelley ID 83274 33 E. Broadway Ave. (208) 201-9340 Meridian ID 83642 danieleborup@gmail.com (208) 489-0344 mjensen@i-neridiancity.org Either party may change her/its address for the purpose of this provision by giving written notice of such change in the manner herein provided. L. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. M. 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 this J�o day of January, 2016. ARTIST: Daniel E. Borup CITY OF MERIDIAN: BY: '` Attes . -city of Tammy�erd, Mayor �1 DIA�1\1� aycee lman, ity Clerk bD ouS Ihn iAG PROFFSSIONAL SERvicEs AGRFEMEN'r— CrrY HALL PLAZA ARTWORK PAGE I 1 of 13 EXHIBIT A ARTIST'S PROPOSAL PROFESSIONAL SERVICES AGREEMENT - CITY HALL PLAZA ARTWORK PAGE 12 Of 13 Out on the Town - By Daniel Borup Title: Out on the town Artist: Daniel Borup - www.danielborup.com Materials: Bronze Size: Life size figures Description: My sculpture design features three children enjoying a day out on the town. I have many good memories of going into downtown Meridian with my older siblings, buying candy at Albertsons, Hamburgers and Ice cream at the Burger Den (which is now Main Street Burger), and then looking at toys at Payless (which is now Rite Aid). Coincidently the location for this project is in the center of these stores. In a way this is a portrait of us when we were younger. I am the little boy with the Ice cream cone holding my older sisters hand and my older brother going ahead of us with a box of candy in his back pocket. I hope it can inspire the people and children in Meridian to enjoy the town more, and help make this corner a little more inviting.