HomeMy WebLinkAboutProfessional Service Agreement with Filip Vogelpohl for Meridian City Hall Public Art ProjectPROFESSIONAL SERVICES AGREEMENT
Meridian City Hall Public Art Project Proposal
This PROFESSIONAL SERVICES AGREEMENT for Meridian City Hall Public Art
Project Proposal (hereinafter "Agreement") is made this ~_ day of September, 2008, by and
between the City of Meridian, a municipal corporation organized under the laws of the State of
Idaho, (hereinafter "City"} through the duly delegated Meridian Arts Connrmission, and Filip
Vogelpohl (hereinafter "Artist'.
WHEREAS, the City desires that public art will be a component of Meridian City Hall and
to that end, the Meridian Arts Commission issued a Request for Proposals ("RFP'~ seeking artists'
general proposals for public art installations;
WHEREAS, a selection panel comprised of representatives of the Meridian Chamber of
Commerce, the City Parks and Recreation Aegartment, the Meridian Historical Preservation
Commission, the Meridian Arts Commission,-and the community reviewed the responses to the
RFP and selected Artist as one of flues finalists to create specific proposals;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged and agreed, and inconsideration of the mutual promises and
covenants herein contained, City and Artist agree as follows:
1. Scope of Services. By the time and manner set forth herein, Artist will create and deliver to
City one public art proposal (hereinafter "proposal"), to consist of:
a. One typed narrative on one side of a sheet of 8yZ-by-l l-inch paper, suitable for copying,
which naaative shall include:
(1) A description of the proposed project and Artist's approach to the project;
(2) Projected tune line for completion of the proposed project; and
(3) Projected budget for the proposed project, which budget shall not exceed $25,000,
including any and all art project expenses such as artist fees, materials, shipping and
installation cos1~.
b. A visual representation of the proposed project, such as a drawing, model, or computer
rendering thereof which representation shall be in a professional format suitable for public
viewing and presentation to the Selection Panel.
2. Payment. City will pay Artist for servicees rendered pursuant to this Agreement in the total
amount of five hundred dollars ($500.00), which payment shall be made pursuant to the
following method. To receive payment for services rendered, Artist shall complete the W 9
form. provided herewith and remit such completed form by 5:00 p.m. on September 18, 2008.
Upon receipt of the complete W 9 form from Artist and execution of this Agreemel by both
Parties, City will process such request and issue payment via check sent U.S. Mail to Artist
within seven ('n days.
PRORES.SIONAL SERVICES AGREEMBNT-MERIDIAN CITY HALL PUBLIC ART PROJECT PROPOSAL PAGE 1 OF 4
3. Delivery. Artist shall deliver the proposal to City at the Mayor's Office, 33 E. Idaho St.,
Meridian, Idaho, by 4:00 p.m. on Friday, October 17, 2008.
4. Loss of or damage to proposal, Artist agrees to bear any risk of loss and/or damage to the
proposal unless and until a member of the Mayor's Office staffpersonally and physically
accepts custody and control of the proposal. In the event of loss or damage incurred prior to
City's acceptance of the proposal, Artist shall recreate or repair the proposal that was lost and/or
damaged at no expense to the City. In the event of loss or damage incurred following City's
acceptance of the proposal, the City shall provide Artist the opportunity to r~reate or repair the
proposal that was lost and/or damaged, for which service the City shall remunerate Artist for the
actual cost of such recreation or repair, but in no event shall City pay Artist more than $500.00
for such recreation or repair.
5. Time of the essence. Artist acknowledges that services provided under this Agrcement will be
performed in a timely manner. The Parties acknowledge and agree that time is strictly of the
~.sence with respect to this Agreement, and that the failure to timely perform any of the
obligations hereunder shall constitute a breach of, and a default under, this Agreement by the
Party so failing to perform.
b. Pablic display and comment It is the intent of City to publicly display and seek public
comment regarding the proposal. Nothing in this Agreement, or otherwise, shall preclude the
right of City to remove the proposal from public display, whether temporarily or permanently.
7. Relationship of Parties. It is the express intention of Parties that Artist is an independent artist
and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall
be interpreted or construed as creating or establishing the relationship of employer and
employee between Ac~ist and City or between Artist and any official, ageirt, or employee of
City. Both parties aciwowledge that Artist is not an employee of City. Ardist shall retain the
right to perform services for others during the term of this Agreement.
8. Notices. Any and all notices required to be provided by either of the parties hereto, unless
otherwise stated in this Agreement, shall be in writing and be deemed communicated when
mailed by United States Mail addressed as follows:
City of Meridian
Attn: Meridian Arts Commission
33 E. Idaho Avenue
Meridian, Idaho 83642
Filip Vogelpohl
530 W. Myrtle
Boise, Idaho 83702
Either party may change itslher address for the purpose of this paragraph by giving written
notice of such change to the other in the manner herein provided.
9. Indemnification and waiver. Artist waives any and all claims and recourse against City,
including the right of contribution for loss and damage to persons or property arising from,
PROFE$sloxAL Ss[tv~cES AGRes<ursx~r -MEaIDUW CrrY Hpu, PUBLIC ARr P[toaaCr PROpOSpL Pnti& 2 OF 4
growing out of, or in any way connected with or incident to Artist's performance of this
Agreement except for liability arising out of concurrent or sole negligence of City or its officers,
agents or employees. Further, Artist will indemnify, hold harmless, and defend City against any
and all claims, demands, damages, costs, expenses or liability arising out of Artist'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. Discrimination probibGted. In performing services pursuant to this Agreemenrt, Artist 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, sex, national origin or ancesiay, age or disability.
11. Conshvctlon aad 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
Agr~ment so long as the remainder of the Agreement is reasonably capable of completion.
12. Entire agreement This Agreement constitutes the entire understanding between the Parties.
This Agreement supers~es 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 contemporaneousherewith. The terms of this Aggr~ceement may not be enlarged, modified or
altered except upon written agreement signed by both parties hereto.
13. Non-waiver of breach. A waiver of any breach of any of the provisions of this Agreement
shall not be cons~ued as a continuing waiver of other breaches of the same or other provisions
hereo£
14. Assignment Artist may not subcontract, assign, transfer, hypothecate or sell its rights,
including the right to compensation, and/or duties arising hereunder without the prior express
written consent of City. Any subcontractor or assignee will be bound by all the terms and
conditions of this Agreement.
1 S. Heirs and assigns. This Agreement shall be binding upon the parties, their heirs, successors,
assigns, and personal representatives. All references herein to Artist and City shall include their
resp~tive heirs, successors, assigns, and personal represenrtatives.
16. Termination. If City determines that Artist has failed to comply with the tenm~s 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 ofthis
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. Artist shall not be relieved
of liability to City for damages sustained by City by virtue of any breach 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.
17. Governing law. 'ibis Agreement shall be governed by the laws of the State of Idaho.
18. City Council approval regalred. The validity of this Agreement shall be expressly
conditioned upon City Council action approving the Agreement, Execution of this Agreement
PROFESS[o~rn[. SeRV rcfis Aax~a~n'-M~uDwv Crrr Hn~ PuBriC ART PRO~r PttorosnL PACU; 3 of 4
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.
day of
Filip
WHEREOF, the parties hereto have executed this Agreement on the
STATE OF O )
ss:
County )
P~b~ " CERTIFY that an this ~ day of September, 200$, before the undersigned, a
Notary c m the State of Idaho, personally appeared Filip Vogelpohl, known to me to be the
person who executed the said instrument, and acknowledged to me that he executed the same.
IN WITNESS V~i~EREOF, I have hereunto set my hand and affixed my official seal, the day
and year in this certificate first above written.
Public for o
Residing at 2.95• Q~rn b ~ i3o,5e.Idaho
My Commission Expires: b5° - ~
CITY OF MERIDIAN:
®~,~'.....,.F o
Tammy de W ,Mayor ,~ . ~®® •: #
•
e
• /~ •
Attu: ~•.I,v!/BL\G ; : • c~
Iaycee an ~~~.°:no°p°~~0'•
city clerk
Pxot~staianr. SHRVICES AaRSenaerrr-MaRID[A3v CITY HAtt. Pt1suC ART PR01ECf PROPasAL PnaE 4 of 4
E IDIAN~--
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REQUEST FOR TAXPAYER IDENTIFICATION NUMBER (W-9)
The City of Meridian is required by law to obtain the coned Taxpayer Identification Number (TIN) for earl
individual and/or company to whom we make payments. Our files indicate that we either have an open
contrail with you or your company or have made payments to you within the last year. Therefore to
adhere to the IRS requirements for disbursements, we must obtain your correct TIN. Please remit this
information with 30 days of this letter to the City of Meridian, 33 E Idaho Ave. Meridian, ID 83642 or you
may fax It to 208-887.4873 Attn: Accountlng. If you choose you may submit a standard W 9.
If you do not provide us with this information, you may be subject to a $50 penalty imposed by the IRS
under Section #6723. We are also required to withhold 31 % of certain payments made to you for failure
to furnish your TIN within 60 days of the first request
Thank you,
The City of Meridian
Substitute Form W 9
Company Name: n ~O 7 S@ ~ t" i' ~r~rf.S,s
DBA I~I~iSP~t'~' I~Li.SS
Taxpayer Identificatlon Num~r or
Social Security Number ri 1 ~( 1~ _ _ (tannish only one)
TYPE OF BUSINESS
( )Corporation ( ) Government Entity ( )Nonprofit Organ¢ation ( Individual ( )
Partnership ( )Other.
PLEASE CHECK THE SPACE BELOW THAT BEST DESCRIBES THE TYPE OF TRANSACTION FOR WHICH WE MAKE
PAYMENTS TO YOU. (CHECK MORE THAN ONE IF NECESSARY.) IF YOU ARE REQUESTING PAYMENT OF RENTS,
MEDICAL OR MISC. SERVICES, PLEASE BE ADVISED THAT PAYMENT MUST BE UNDER THE NAME AND SOCIAL SECURITY
NUMBER OR TIN OF THE PERSON OR COMPANY WHO SHOULD REPORT THIS TO THE IRS. PLEASE BE SURE THE SS#
OR TIN# WILL IDENTIFY THE NAME GIVEN.
(1/~erohandise ( )Rents ( )Service ( )Medical ( )Other.
Do You Cany Worke mpensation Insurance ( )Yes (~No
IF YOU HAVE PROVIDED N SERVICE FOR ANY DEPARTMENT WITIUN THE CITY OF MERIDUIN, PLEASE PROVIDE A
"CERTIFICATE OF INSU NCE FOR WORKERS COMPENSATION. IF YOUR PROVIDER IS THE IDAHO STATE
INSURANCE FUND, PLEAS PR VIDE A PY F THE POLICY.
Certification: Un r pens ' rjury, I certify that this statement is true:
1. The number vided a is my correct Taxpayer Identification Number, and
2. I am NOT bi to a holdina~l
Signature ~ ~~_' Datie ~'
Prlrrt Name ~ I ~ 1 CZ ~'®~j~l'~1 Title u9 rt~~
City Hall 33 East Idaho Avenue Meridian, Idaho 83642 (208)888-4433
CITY CLERK -FAX 888-421 SFINANCE 8 UTILITY BILLING FAX - 887813 MAYOR -FAX 8848119