HomeMy WebLinkAboutProfessional Service Agreement with Sage Community Resources dba Ida-Ore Planning Development Association for Issue Request for Qualifications - Public Art Meridian Arts CommissionCity of Meridian
Meridian Arts Commission Public Art Coordination Services
PROFESSIONAL SERVICES CONTRACT
This PROFESSIONAL SERVICES CONTRACT is entered into this 18th day of June, 2008, by and
between the Ci~y of Meridian, Idaho, whose address is 33 E. Idaho, Meridian, ldaho 83642, herein
referred to as the "C[TY" and Sage Cammunity Resources dba lDA-ORE Planning and Devefopment
Association, whose address is 125 E. 50~ Street Garden City, Idaho 83714, herein referred to as the
"CONTRACTOR." Witnessefh:
WHEREAS, the CITY has determined the need for services to provide coordination of a public art
sefec6on process by and for the Meridian Arts Commission;
WNEREAS, the CONTRACTOR is specially trained, experienced, and competent to provide, and
has agreed to provide, such services;
WHEREAS, the CiT`( desires to engage the CONTRACTOR to render certain services related to
the a6ave described Arts Commission; and
UVHEREAS, in arder to assure effective management of the above project, it is deemed to be in
the best interests of the CfTY to enter into an agreement with the CONTRACTOR as hereinafter provided;
NOW, THEREFORE, in cansideration of the mutual promises, cavenants, ferms and conditions
hereinafter contained the parties hereto do mutually ag~ee as follows:
1. EMPLOYMENT OF CONTRACT~R and SCOPE OF WQRK
The CITY agrees to engage the CONTRACTOR to provide, and the CONTRACTOR agrees to provide,
the services described in ATTACHMENT A- Scope of Work, which attachment is incor~orated by
reference as if set forth fully herein. CONTRACTOR shall provide services and work under this
Contract consistent with the requirements and standards established by applicable federal, state and
city laws, ordinances, regulations and resolutions. CONTRACTOR represents and warrants that she
will perform her work in accardance with generally accepted industry standards and practices for the
profession or professions that are used in per#ormance of this Contract and that are in effect at the
time of performance of this Contract.
2. CONTRACTOR RELATIONSHIP
In ail matters perfaining to this Contract, CONTRACTOR shall be acting as an independent contractor.
The contracting par~es warrant by their signature that no employer-employee relationship is
establisf~ed be#ween t~e CONTRACTOR ar~d the ClTY by the terms of this contract. ~
3. NOTICES
Any and all notices required to be provided by either of the pa~ies hereto, unless otherwise stated in
this Cantract, shall be in writing and be deemed communicated when mailed by United States Mail,
certified, return receipt requested, addressed as follows:
Sage Community Resources Page 1 of 5
City of Meridian
Meridian Arts Commission Public A~t Coordination Services
City of Meridian
Purchasing Agent
33 E. Idaho Avenue
Meridian, Idaho 83642
Sage Community Resources
125 E. 50th Street
Garden City, Idaho $3714
Either party may change its address for the purpose of this paragraph by giving wriften notice of such
change to the other in the manner herein provided.
4. CONTRACTOR'S INSURANCE
The CONTRACTOR warrants that iE has obtained, and will maintain at its expense for the duration of
#his Contract, adequate stafutory worker's compensation coverage, employer's liability and
comprehensive general liability insurance.
5. EFFECTIVE DATE AND TIME OF PERFORMANCE
7he services to be performed by the CON7RACTOR will be completed by the deadlines set forth in
ATTACHMENT A- Scope of Work. 'fhis contract begins immediately upon execution and shall remain
in effect until p~oject complefian. The C~NTRACTOR agrees ~hat senrices and work provided under
this Contract will be performed in a timely manner. The parties hereto acknowledge and agree that
time is strictly of the essence with respect to this Contract, and that the failure to timely perform any of
the obligations hereunder shall constitute a breach of, and a default under, this Contracf by the parry
so failing to perform.
6. PAYMENT
CITY wifl pay COiVTRACTOR for services rendered pursuant to this Contract in the total amount of
$2,504.OQ, which payment shall he made pursuant to the fal4owing method: To receive payment for
services rendered, the CONTRACTOR shall, on a monthly basis, mail to CfTY an invoice itemizing
services rendered during the previo~s month and sfafing the amount of payment requested for such
services.
7. ENTIRE AGREEMENT
This Contract contains the entire agreement between the pafies, and this Cor-tract supersedes any
and a!I statemenfs, promises, ar inducements made by either party, or agents of either party, whether
oral or written, whether previous to the execution hereof or contemparaneous herewith.
8. MODIFiCATION OF CONTRACT
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City of Meridian
Meridian Ar~s Commission Public Art Caordination Services
This Contact may not be snlarged, modified or aftered except upon written agreement sfgned by both
parties hereta
9. ASSIGNMENT OF RIGHTS AND DUTIES
The CONTRACTOR may not sub-contract, assign, fransfer, hypothecate or sell its rights (including the
right to compensation) or duties arising hereunder without the prior express written cansent of the
CITY. Any subcontractor or assignee shall be bound 6y all the terms and condifions of this contract.
10. TERMINATION OF CONTRACT
In the event of any termination of this Contract, all finished or unfinished documents, data, and reports
prepared by the C4NTRACT4R under this Contract shall, at the option af CITY, become its property,
and the CONi'RACTOR shall be entitled fo receive just and equitable campensation for any work
satisfactorily completed hereunder. This Contract may be terminated as folfows:
a. Termination for convenience
The CiTY may terminate this Contract in whole, or in part, for the convenience of the CfTY when both
parties agree that t~e continuatian of the projecf is not in the best interest of both pa~ies and that
further expenditure af funds will not produce satis#actary results. The parties shafl agree in writing
upon the conditions, effective date and fair and ~easonable payment for services reasonably
performed to the date af termina#ion.
b. Termination for cause
If the CITY determines that the CONTRACTOR has failed to comply with the terms and conditions of
this contract, violated any of the covenants, agreements, andlor stipulations of this Contract, fafsified
any reco~d or document required to be prepared under this Contract, engaged in fraud, dishonesty, or
any other act of misconduct in the performance of this Contract, the CITY may terminate this contract
in whole, or in part, at any time, by giving noGce, in writing, to the CONTRACTOR of any or alf
deficiencies c{aimed. 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 the
reasonable period as specified in the notice, the CITY may, with no further notice, declare this
Contract to be terminated. The CONTRACTOR will thereafter be entitled to receive payment for
those servioes reasonably performed ta the date of termination, less t~e amount of reasonable
damages suffered by the CITY by reason of the CONTRACTOf~'S failure to comply with this Contract.
I~otwithstanding the above or any other provision af this Contract, CONTRACTOR shall not be
relieved of liability to CITY for damages susfained by CITY by virtue of any breach of this Contract by
CONTRACTOR, and CITY may withhald any payments to COiVTRACTOR for the purposes of set-off
until such time as the exact amount af damages due CITY from CONTRACT~R is determined. This
provision shall survive the termination of this Contract and shall not relieve CONTRACTOR of her
liability to CITY for damages.
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City of Mer~dian
Meridian Arts Cammission Public Art Coardination Services
11. INDEMNIF1CATfON
The CONTRACTOR waives any and all claims and recourse against the 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 the CONTRACT4R'S performance of this contract except for liabilify
arising out of the tortious conduct of the CITY or its officers, agents or employees. Further, the
CON1'RACTOR will indemnify, hold harmless, and de#end the CITY against any and all claims,
demands, damages, costs, expenses or liability arising out of the COEVTRACTOR'S performance of
this contract except for liability arising out of the tortious conduct of the CITY or its officers, agents or
employees.
12. DISCRlMII~ATION PROHiBITED
!n ~erforming services pursuan# fo #his Contract, the C4NTRACT4R shall not unlawfully discriminate
in violation of any federal, state or local Eaw, rule or regulation against any persan on the basis of race,
color, religion, sex, national origin or ancestry, age or disability.
13. CONSTRUCTI~N AND SEVERABILITY
If any part of this Contract is held to be invalid or unenforceable, such ho(ding will not affect the validity
or enfarceabifi#y of any other part of this Contract so long as the remainder of the Contract is
reasonably capable of completion.
14. APPROVAL REQUIRED
This Contract shafl not become effective or binding until approved by CITY.
IN WITfVESS WHEREOF, the parties hereto have executed #his contract on the ~~ day of
, 2008.
SAGE COMMUNITY RESOURCES CI7Y OF MERIDIAN
~
BY: ~
Kathfeen A. Simko, President
Attest:
BY: ~d~~
Tammy de W r, Mayor
Aftest:
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City of Meridian
Meridian Arts Commission Public Art Caordination Services
ATTACHMENT A
Scope of Work
1. QBJECTIVE: Issue a Request for Qualifications (RFQ) to invite public a~f proposals from
artists in Idaho and contiguous states.
DEADlfNE: RFQ wiil be distributed in July, 2008. Deadline for application from interested artists
will be late August, 2008.
SERVICES: Draft RFQ document, work with Meridian Arts Commission to distribute RFQ, and
collect appficaiians from interested artists.
2. OBJEC7IVE: Facilitate a community-engaged artist and artwork selection process.
DEADLINE: Precise date(s} of seEection committee meetings are to be determined, but the artist and
artwork selection process will be complete by December 31, 2008.
SERVICES: Convene and facilitate selection committee meetings ta review RFQ responses and
select 3-5 artists to invite to develop full proposals. Work with Meridian A~ts
Commission to gain pub[ic input into public art proposal options. Convene and
facilitate selection commiftee meetings to review public input and make final proposal
selection.
3. OBJECTIVE: Coordinate fabrication and installation of public artwork.
DEAQI.INE: Artwork will be instafled by July 1, 2009.
SERVICES: Provide draft contract to be used by CITY and selected artist. Communicate with
selected artist during fabrication to ensure timeline is followed. Work with Meridian
Arts Commission to coordinate installation of the work with artist and CITY.
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