HomeMy WebLinkAboutProfessional Service Agreement with Sage Community Resources dba Ida-Ore Planning Development Association for Issue Request for Qualifications - Public Art Meridian Arts Commission 2City 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 City of Meridian, Idaho, whose address is 33 E. Idaho, Meridian, Idaho 83642; herein
referred to as the "CITY" and Sage Community Resources dba IDA-ORE Planning and Development
Association, whose address is 125 E. 50th Street Garden City, Idaho 83714, herein referred to as the
CONTRACTOR." Witnesseth:
WHEREAS, the CITY has determined the need for services to provide coordination of a public art
selection process by and for the Meridian Arts Commission;
WHEREAS, the CONTRACTOR is specially trained, experienced, and competent #o provide, and
has agreed to provide, such services;
WHEREAS, the CITY desires to engage the CONTRACTOR to render certain services related to
the above described Arts Commission; and
WHEREAS, in order to assure effective management of the above project, it is deemed to be in
the best interests of the CITY to enter into an agreement with the CONTRACTOR as hereinafter provided;
NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions
hereinafter contained the parties hereto do mutually agree as follows:
1. EMPLOYMENT OF CONTRACTOR and SCOPE OF WORK
The CITY agrees to engage the CONTRACTOR #o provide, and the CONTRACTOR agrees to provide,
the services described in ATTACHMENT A -Scope of Work, which attachment is incorporated 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 accordance with generally accepted industry standards and practices for the
profession or professions that are used in performance of this Contract and that are in effect at the
time of performance of this Contract.
2. CONTRACTOR RELATIONSHIP
In all matters pertaining to this Contract, CONTRACTOR shall be acting as an independent contractor.
The contracting parties warrant by their signature that no employer-employee relationship is
established between the CONTRACTOR and the CITY by the terms of this contract.
3. NOTICES
Any and all notices required to be provided by either of the parties hereto, unless otherwise stated in
this Contract, 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 Art Coordination Services
City of Meridian
Purchasing Agent
33 E. Idaho Avenue
Meridian, Idaho 83642
Sage Community Resources
125 E. 50th Street
Garden City, Idaho 83714
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.
4. CONTRACTOR'S INSURANCE
The CONTRACTOR warrants that it has obtained, and will maintain at its expense for the duration of
#his Contract, adequate statutory worker's compensation coverage, employer's liability and
comprehensive general liability insurance.
5. EFFECTIVE DATE AND TIME OF PERFORMANCE
The services to be performed by the CONTRACTOR will be completed by the deadlines set forth in
ATTACHMENT A -Scope of Work. This contract begins immediately upon execution and shall remain
in effect until project completion. The CONTRACTOR agrees that services 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 Contract by the parry
so failing to perform.
6. PAYMENT
CITY will pay CONTRACTOR for services rendered pursuant to this Contract in the total amount of
$2,500.00, which payment shall be made pursuant to the following method: To receive payment for
services rendered, the CONTRACTOR shall, on a monthly basis, mail to CITY an invoice itemizing
services rendered during the previous month and stating the amount of payment requested for such
services.
7. ENTIRE AGREEMENT
This Contract contains the entire agreement between the parties, and this Contract 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.
8. MODIFICATION OF CONTRACT
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City of Meridian
Meridian Arts Commission Public Art Coordination Services
This Contact may not be enlarged, modified or altered except upon written agreement signed by both
parties hereto.
9. ASSIGNMENT OF RIGHTS AND DUTIES
The CONTRACTOR may not sub-contract, assign, transfer, hypothecate or self its rights (including the
right to compensation) or duties arising hereunder without the prior express written consent of the
CITY. Any subcontractor or assignee shall be bound by all the terms and conditions 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 CONTRACTOR under this Contract shall, at the option of CITY, become its property,
and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work
satisfactorily completed hereunder. This Contract may be terminated as follows:
a. Termination for convenience
The CITY may terminate this Contract in whole, or in part, for the convenience of the CITY when both
parties agree that the continuation of the project is not in the best interest of both parties and that
further expenditure ofi funds will not produce satisfactory results. The parties shall agree in writing
upon the conditions, effective date and fair and reasonable payment for services reasonably
performed to the date of termination.
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, and/or stipulations ofi this Contract, falsified
any record 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 notice, in writing, to the CONTRACTOR of any or ail
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 nat 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 services reasonably performed to the date of termination, less the amount of reasonable
damages suffered by the CITY by reason of the CONTRACTOR'S failure to comply with this Contract.
Notwithstanding the above or any other provision of this Contract, CONTRACTOR shall not be
relieved of liability to CITY for damages sustained by CITY by virtue of any breach of this Contract by
CONTRACTOR, and CITY may withhold any payments to CONTRACTOR for the purposes of set-off
until such time as the exact amount of damages due CITY from CONTRACTOR 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 Meridian
Meridian Arts Commission Public Art Coordination Services
11. INDEMNIFICATION
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 CONTRACTOR'S performance of this contract except for liability
arising out of the tortious conduct of the CITY or its officers, agents or employees. Further, the
CONTRACTOR will indemnify, hold harmless, and defend the CITY against any and all claims,
demands, damages, costs, expenses or liability arising out of the CONTRACTOR'S performance of
this contract except for liability arising out of the tortious conduct of the CITY or its officers, agents or
employees.
12. DISCRIMINATION PROHIBITED
In performing services pursuant to this Contract, the 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, sex, national origin or ancestry, age or disability.
13. CONSTRUCTION AND SEVERABILITY
If any part of this Contract is held to be invalid or unenforceable, such holding will not affect the validity
or enforceability 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 sha[I not become effective or binding until approved by CITY.
IN WITNESS WHEREOF, the parties hereto have executed this contract on the 1' ~ day of
200$.
SAGE COMMUNITY RESOURCES CITY OF MERIDIAN
BY: ,)
Kathleen A. Simko, President
Attest:
Tammy de W r ,Mayor
Attest:
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City of Meridian
Meridian Arts Commission Public Art Coordination Services
ATTACHMENT A
Scope of Work
1. OBJECTIVE: Issue a Request for Qualifications (RFQ) to invite public art proposals from
artists in Idaho and contiguous states.
DEADLINE: RFQ will be distributed in July, 2408. 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 applications from interested artists.
2. OBJECTIVE: Facilitate acommunity-engaged artist and artwork selection process.
DEADLINE: Precise dates} of selection 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 to review RFQ responses and
select 3-5 artists to invite to develop full proposals. Work with Meridian Arts
Commission to gain public input into public art proposal options. Convene and
facilitate selection committee meetings to review public input and make final proposal
selection.
3. OBJECTIVE: Coordinate fabrication and installation of public artwork.
DEADLINE: Artwork will be installed 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.
Sage Community Resources Page 5 of 5
Meridian City Council
June 24, 2008
Page 3 of 60
D. Water Main Easement Agreement for Kennedy Commercial
Subdivision by DBSI Meridian I-84, LLC:
E. Professional Services Contract with Delta James & Sage fo_r
Public Art Selection:
De Weerd: Item 5 is our Consent Agenda.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Noting, again, that Item 5-E, the contract amount is 2,500 dollars, I move that
we adopt the Consent Agenda -- accept the Consent Agenda and for the Mayor to sign
and the clerk to attest.
Rountree: Second.
De Weerd: Okay. I have a motion and a second to approve the Consent Agenda. If
there is no discussion, Madam Clerk, will you; please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent.
De Weerd: Okay. All ayes.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 6: Department Reports:
A. Public Works Department:
1. Budget Amendment for Lead WWTP Operator:
2. Budget Amendment for Capital Projects Manager:
3. Discussion of Five Mile Creek Restoration Project:
De Weerd: Item 6 under A, we have our Public Works Department. I'll turn this over to
Mr. Barry.
Barry: Thank you, Madam Mayor, Members of the Council. Tom Barry, Public Works
Department. We have three items on the agenda this evening for your consideration.
The first is a budget amendment for the reclassification of the two wastewater treatment
operator positions to lead wastewater operators at the wastewater treatment plant.
These particular positions would provide us an opportunity in the wastewater treatment
plant to supervise and evaluate and schedule the duties, along with the existing duties