HomeMy WebLinkAboutProfessional Service Agreement with J. Amber Conger for Meridian City Hall Public Art ProposalPROFESSIONAL SERVICES AGREEMENT
Meridian City Hail Pablic Art Project Proposal
This PROFESSIONAL SERVICES AGREEME or Meridifan City Hall Public Art
Project Proposal (hereinafter "Agreement') is made this day of September, 21108, 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 Commission, and J. Amber
Conger {hereinafter "Artist.
WHEREAS, the City desiices 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 armprised of representatives of the A~Ieridian Chamber of
Commerce, the City Parks and Recreation Department, the Meridian Historical Preservation
Commissian, the Meridian Arts Commission,. and the community reviewed the responses to the
RFP and selected Artist as one of three finalists to create specific proposals;
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, City and Artist agree as follows:
Scope of Services. By the time and manner set forth herein, Artist will create and deliver to
City one public art proposal (hereinafter `~roposal'~, to consist of:
a. `..One typed narrative on one side of a sheet of 8%-by-11 inch paper, suitable far copying,
which narrative shall include:
(1) A description of the proposed project and ArEiist's approach to the project;
{2} Projected time 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, slopping and
installation costs.
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 services 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 connpleted form by 5:00 p.m. on September 18, 2008.
Upon r~ipt of the complete W :9 -form from Artist and execution of this Agreement by both
Parties, City will process such request and issue payment via check sent U.S. Mail to Artist
within seven {~ days..
PRO~ssIONn[. SeRVtCES AaR8SM8N7'- MERIDIAN CITY AALL PUBLtC ART 1'ROJSCT PROPaSAL PA(}E 1 aF 4
3. Delivery. Artiest 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 b~ 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 low or damage incurred following City's
acceptance of the proposal, the City shall provide Artist the oppornmity to recreate 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 ar repair, but in no evict shall City pay Artist more thaw $500.00
for such recreation or repair.
5. Time of the essence. Artist aakaowledges that services provided under this Agreement well be
performed in a timely manner. The Parties acknowledge and agree that time is strictly of the
essence with respect to tins Agrcement, and that the failure to timely perform any of the
obligations hereunder shall constitute a breach ofi and a default under, this Agreement by the
party so failing to perform.
6. Public 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 ventures, or partner of City. Nothing in this Agreement shall
be interpreted ar construed as creating or eslnblishing the relationship of employer and
emgioyee between Artist and City or between Artist and any official, agent, or employee of
City. Both pazties 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.
8. Noticen. 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 addresses as follows:
City ofMeridian
Attn: Meridian Arts Commission
33 E. Idaho Avenue
Meridian, Idaho 83642
J. Amber Conger
P.O. Box 3531
Nampa, Idaho 83653
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. >(ndemniflcation and waiver. Artist waives any and all claims and recourse against City,
including the right of contn'bution for loss and damage to persons or property arising from,
PRO~ss~oNnr, SsRVtces AoREEMENT-MF.RtDt~-]d CITY HALL PUBLIC ART PROJECT PROPOSA[. PAOe 2 of 4
growing out o1; or in any way connected with or incident to Artist's performance of flue
Agreement exc~t for liability arising out of concurrent or sole negligence of City or its officerx,
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.
14. Discrlmhzatlon prohibited. In performing services pursuant to this Agreement, Artist shall not
unlawfully discnminate in violation of any federal, state or local law, Wile or regulation against
any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability.
I1. Construction and severability. If any part of this Agreement is held to be iavalid 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.
12. Entire agreement. This Agreement constitutes the entire understanding between the Parties.
This Agreement supersedes any and all statements, promises, or inducement 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.
13. Non-waiver of breach. A waiver of any breach of any of the provisions of this Agreeme~
shall not be construed as a cantimiing waiver of other breaches of the wane or other provisions
hereof
14. Assignment Artist may not subcontract, assign, transfer, hypothecate or sell its rights,
including the right to compensation, and/or duties arising hercender without the prior expos
written consent of City. Airy subcontractor or assignee will be bound by all the terms and
conditions of this Agreement.
15. Heirs and assigns. This Agrcement shall be binding upon the parties, their heirs, successors,
assigns, and personal representatives. All references herein to Artist and City shall include their
respective heirs, successors, assigns, and personal representatives.
16. Termination. If City determines that Artist 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 anytime, by giving
notice, in writing, to Agrcement of any or all deficiencies claimed. Artist shall not be relieved
of liability to City far 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. Tlus Agreemern shall be governed by the laws of the State of Idaho.
18. City Council approval required. The validity of this Agreement shall be expressly
conditioned upon City Council action approving the Agreement. Execution of this Agreement
P[tor~s[or[a[. Ss[cv[ces AaRe~[srrr- MsRro[a[v Crnr Hau. Pviar~c ART P[tOJBCT PROPOSAL Pans 3 of 4
0
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 WHEEREOF, the parties hereto have executed this Agreement on the _
day of September, 2008.
ARTIST:
r
J. Amber Conger
STATE OF IDAHO
ss:
County of ~n ~
I HEREBY CERTIFY that on this~~ day of September, 2008, bef re t$ undersigned, a
Notary Public in the State of Idaho, personally appeared J. Amber Conger, ~""fo me to be the
person who executed the said instrument, and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day
and year in this certificate first a~R~(AI tten.
Q /
$ N ~: A(/8 L 1 G
i ~ ~•.. .•
CITY OF MERIDIAN: %~~9T~•O F 10 P~O`\\\~
///NIIIII1~11~~~
e
Notary Public for I
Residing at ~fYl~ .Idaho
My Commission Expires• I - ~ I - X13
Tammy de W yor .~`` O~ ~~j '''~,
r~
? o 's
Attest: L
3aycee H SSA
City Clerk =, ~ ~'
'''/h~im~~ n~N~~~``
PROFesstowu. SERV~ss ACiRE>~vt6N1'-M~nwv CrrY An[a. PuBr.[C ART PRO~r PROPOSnt. PAOB 4 oR 4