PSA with Trademark Sign Co. Proposal 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 John P. Yarnell, on
behalf of Trademark Sign Company, Inc. ("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:
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 I 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: John P. Yarnell
Attn: Arts & Culture Specialist Trademark Sign Company, Inc.
33 E. Broadway Avenue 915 W. Royal Blvd.
Meridian, Idaho 83642 Boise ID 83706
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 SERv1cES 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:
Jo Yarnell, Vesident
ademark Si Company, Inca
CITY OF MERII
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PROFESSIONAL: SERVICES AGREEMENT — HEROES PARK IDENTITY PROPOSAL PAGE 4 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 It 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 @ 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 mac@meridiancity.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
EXHIBIT A
CALL TO ARTISTS
PROFESSIONAL SERVICES AGREEMENT - HEROES PARK IDENTITY PROPOSAL PAGE 5 OF 5
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