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PSA with Stephanie Inman for Park Identity at Heroes ParkPROFESSIONAL SERVICES AGREEMENT FOR PROPOSAL FOR PARK IDENTITY AT HEROES PARK This PROFESSIONAL SERVICES AGREEMENT FOR PROPOSAL FOR PARK IDENTITY AT HEROES PARK ("Agreement") is made this 13th day of December, 2016, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, ("City") through the duly delegated Meridian Arts Commission, and Stephanie Inman, an individual person ("Artist"). WHEREAS, on March 4, 2016, City issued a Request for Qualifications ("RFQ") for the Park Identities Public Art Roster in order to establish a list of artists who would work with the City to develop interpretations of park identities and create public art projects in local parks, and Artist responded to the RFQ; WHEREAS, on May 24, 2016, City awarded a roster position to Artist, and on October 14, 2016, the Meridian Arts Commission and Meridian Parks & Recreation Commission issued a Call to Artists, attached hereto as Exhibit A ("Call to Artists"), inviting Artist to prepare a proposal for public art projects to propose theming elements to strengthen and enhance the overall park identity at Heroes Park; WHEREAS, on November 2, 2016, Artist submitted a Notice of Intent to Propose; 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: 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. A summary of Artist's experience with similar projects; b. Project proposal, including digital images (.jpg format) or drawings of the proposed conceptual designs or projects to be considered; c. Maquettes (optional, though recommended); d. Artwork description(s) including materials to be used, dimensions, anticipated maintenance, etc.; and e. Detailed project timeline, project budget with itemized costs, and schedule of work 2. Delivery. Artist shall deliver the Proposal to the Arts & Culture Specialist, 33 E. Broadway Avenue, Meridian, Idaho, by 5:00 p.m. on Monday, December 5, 2016. 3. Payment. City will pay Artist for services rendered under 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 11:00 a.m. on Thursday, December 8, 2016. Following receipt 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 fourteen (14) days. 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. PROFESSIONAL SERVICES AGREEMENT - HEROES PARK IDENTITY PROPOSAL PAGE 1 OF 5 Payment of all taxes and other assessments on such sums shall be the sole responsibility of Artist. 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 City staff personally and physically accepts custody and control thereof. 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 City. In the event of loss or damage incurred following City's acceptance of the Proposal, City may provide Artist the opportunity to recreate or repair the Proposal, 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 fifty dollars ($50.00) for such recreation or repair. 5. Insurance Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage to the Proposal, or to cover any activity undertaken by Artist in the furtherance of Artist's respective rights or obligations described herein. Any insurance of the Proposal; of the Artist's persons, property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. 6. Ownership. Upon City staff's personal and physical acceptance of the Proposal, the Proposal shall be owned by City for all intents and purposes as set forth hereunder and in the Call for Artists, and Artist shall have no further claim thereto. If Artist's Proposal is not selected for installation, following the conclusion of the selection process, Artist may retrieve the Proposal at Meridian City Hall at a time mutually agreed upon by the parties. Any Proposal or portion thereof not retrieved by 5:00 p.m. on February 10, 2017 shall become the property of City, and Artist shall have no further claim thereto. 7. Time of the essence. Artist acknowledges that services provided under this Agreement will 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. 8. 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. 9. 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 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. 10. 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: PROFESSIONAL SERVICES AGREEMENT - HEROES PARK IDENTITY PROPOSAL PAGE 2 OF 5 City: Meridian Arts Commission Artist: Stephanie Inman Attn: Arts & Culture Specialist 4606 N. Torridon Way 33 E. Broadway Avenue Boise ID 83702 Meridian, Idaho 83642 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. 11. 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, 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. 12. Discrimination prohibited. In performing services pursuant to this Agreement, 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 ancestry, age or disability. 13. Construction and 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 Agreement so long as the remainder of the Agreement is reasonably capable of completion. 14. 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. 15. Exhibit. The exhibit to this Agreement is incorporated by reference and made a part of this Agreement as if the exhibit were set forth in its entirety in this Agreement. To the extent that the provisions of the exhibit may conflict with those in this Agreement, the provisions in this Agreement shall control. 16. Non -waiver of breach. A waiver of any breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof. 17. 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. 18. 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 respective heirs, successors, assigns, and personal representatives. PROFESSIONAL SERVICES AGREEMENT - HEROES PARK IDENTITY PROPOSAL PAGE 3 OF 5 19. 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 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. 20. Governing law. This Agreement shall be governed by the laws of the State of Idaho. 21. 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 the Effective Date first written above. ARTIST: Stept1aAeyInman CITY OF MERIDIAN: BY: Tammy d7 -L Attest: Clay Col , Mayor City Clerk Q�QORATED A �rtV8 u� c0 o I W DjaN� SEAL / PROFESSIONAL SERVICES AGREEMENT- HEROES PARK IDENTITY PROPOSAL PAGE 4 OF 5 EXHIBIT A CALL TO ARTISTS PROFESSIONAL SERVICES AGREEMENT - HEROES PARK IDENTITY PROPOSAL PAGE 5 OF 5 Meridian 1 Commission Call to Artists - Request for Proposals: Park Identity at Heroes Park PROJECT DESCRIPTION: The Meridian Arts Commission (MAC) and Meridian Parks Et Recreation Commission (MPRC) invite artists on the Park Identities Public Art Roster to prepare proposals for public art projects that create and/or enhance the overall park identity at Heroes Park. The objective of the project is to create a theming element, or elements, that strengthen the park name and give the park a true identity and sense of place. SITE DESCRIPTION: Heroes Park is a community park in southwest Meridian at 3064 W. Malta Drive. The pre -proposal conference will allow proposers to ask Parks staff specific questions and elaborate on context provided. Notes from the pre -proposal conference will be sent to those who intend to propose, in case they cannot attend the conference. ELIGIBILITY: This project is open to artists on the Park Identities Public Art Roster. BUDGET: A budgeted amount of $73,000 total is available for the completed project; this includes the selected artist's commission, all costs including engineering, materials, fabrication, permitting, contingencies and installation of the artwork. A stipend of $500 will be paid to artists to develop and submit proposals, following submission of a completed W-9 form and execution of a written agreement with the City of Meridian. PROCESS: The evaluation and selection process will generally occur as follows; dates are subject to change as may be necessary due to scheduling issues or other circumstances. Any information submitted is subject to release to the public as required by Idaho Public Records Law. 1. Call to Artists (RFP) issued October 14, 2016. 2. Pre -proposal conference. Tuesday, November 1 C 11:00 AM on site, by the Heroes Park concessions building at 3064 W. Malta Drive. 3. Notice of Intent to Propose due Wednesday, November 2 @ 12:00 PM. Submit a letter of intent, signed agreement to produce a proposal and presentation, and W-9. Stipends for proposals will be submitted after presentations are delivered. 4. Proposals accepted. To be considered for this project, the following materials must be submitted to MAC, by 12:00 PM, on Monday, December 5, 2016, at 33 E. Broadway Avenue Suite 104, Meridian, ID 83642 or by e-mail to macCmeridiancity.org: a. A summary of the respondent's experience with similar projects b. Project proposal, including digital images (.jpg format) or drawings of the proposed conceptual designs or projects to be considered; additionally, maquettes are strongly recommended c. Artwork description(s) including materials to be used, dimensions, anticipated maintenance, etc. Request for Proposals - Heroes Park Identity Public Art Project Page 1 of 2 d. Detailed project timeline, project budget with itemized costs, and schedule of work 5. Presentations. On Wednesday, December 7, 2016, participating artists will present their proposals and maquettes in front of the selection committee at a public meeting, followed by brief Q Et A. This presentation is scheduled to take place at 4PM at Meridian City Hall. (Please let us know if this date and time cannot work for you.) 6. Selection Criteria. Eligibility and finalist selection criteria will include: a. Adherence to the RFP; (10 points) b. Appropriateness of scale, design, material, durability, safety, and maintenance for project site; (20 points) c. Project proposal - demonstrated understanding of project objectives, ability to create artwork that addresses the context of its placement; and ability to meet or exceed the objectives; (30 points) d. Past work experience and references on a similar type project and the demonstrated competence in the performance of the type of work to be provided (the nature, quality, and relevance of similar completed work, including subcontractors, may include feedback from professional references; and (20 points) e. Consistency with City policy and community values; (20 points) 7. Evaluation of proposals; artist selected. The selection committee may recommend selection of one proposed project, recommend that the RFP be reopened, or reject all proposals. Evaluation criteria will include the criteria set forth above, as well as any public input submitted during the evaluation of the proposals. MAC and MPRC will forward their recommendation to Meridian City Council for consideration. The selected proposer and others not selected will be notified of City Council's decision via e-mail by Wednesday, January 11, 2017. 8. Agreement; award. Following selection and negotiation and execution of a written task order with the City, the selected proposer will be awarded the project upon City Council's approval. 9. Selected proposal installed. The awarded Artist will fabricate and install the artwork, in accordance with a written task order agreement with the City, and within the project's final budget and timeline. ESTIMATED TIMELINE: ❑ October 14, 2016 ❑ November 2, 2016 ❑ December 5, 2016 ❑ December 7, 2016 ❑ By January 10, 2017 ❑ January 11, 2017 ❑ By February 1, 2016 ❑ By February 7, 2016 ❑ By February 8, 2017 ❑ Spring 2017 ❑ Per Task Order Call to Artists (RFP) issued Deadline for Intent to propose Deadline for completed proposals Presentations, committee evaluation, recommendation determined MAC and MPRC co -present recommendation to City Council Selected and not selected artists notified Deadline for selected artist's signed task order with City Task order executed by City Council Consultation with Parks Et Recreation begins Fabrication begins Installation Please contact MAC via email (mac@meridiancity.org) or phone (208-489-0422) with any questions. Thank you for your interest! Request for Proposals - Heroes Park Identity Public Art Project Page 2 of 2