SRFQ 17-161 Fine Art Framers on Contract
REQUEST FOR QUALIFICATIONS
Boise City seeks Fine Art Framers
Date: January 18, 2017
CONTACT: Tammi Leatham, Purchasing
DEADLINE: The City of Boise, Idaho will accept applications at the Purchasing Office, 150 N. Capitol
Blvd., Boise, Idaho, 83702, until February 15, 2017 at 1:00 p.m., local time.
OPPORTUNITY:
The City of Boise’s Department of Arts & History is seeking to place 1-5 fine art framers on contract to
fulfil the framing needs for the City of Boise’s art collections. Only pre-qualified contractors selected
through this call will be allowed to submit a proposal for future framing needs. Framers will be
selected through this process based on criteria listed in this RFQ. This request for qualification is not
based on any specific projects. Rather, the City seeks to enter into fine art framing contracts with up to
five vendors so they would be available to be hired, on a negotiated Task Order, project-by-project
basis, under the awarded contract. All work is to be provided on an as-needed basis under a task order
process. The Vendor and City will agree to a scope of work, schedule, and costs in writing by way of a
Task Order for the individual assignment(s).
BACKGROUND AND PROJECT INFORMATION:
As the City’s collections of 2-D fine art grows, so does the need to have newly purchased works framed
and damaged frames re-done. With the aim of best practices in conservation and collections
management, the Department of Arts & History has identified the below standards that must be met
when framing works. All applicants must be willing and able to comply with standards to be eligible
for the contract award. However, the City reserves the right to bypass the required standards on a case
by case basis to meet the needs of unique circumstances for particular works.
The City reserves the right to award the contract to more than one proposer. The City will contract
with the selected firm(s) for one (1) year with the possibility of up to five one year renewals.
DEPARTMENT OF ARTS & HISTORY REQUIRED FRAMING STANDARDS:
Preservation matting & framing:
Materials: back to front (archival)
o Dust cover & Moisture barrier: An acid free foam core board can act as both the dust cover
and the moisture barrier.
o Backing board: acid-free and lignin-free corrugated board (necessitates an additional
moisture barrier) or corrugated polyethylene or polypropylene; at least 3 mm thick.
o Back mat board (& window mat): 100% cotton rag or chemically purified, lignin-free; pHneutral or slightly alkaline (pH 8.5); 4-ply minimum; over-matting is preferred as it provides
more protection than "floating" in the window. Floating mats may be necessary and can be
discussed. (Archival and quality are what’s most important here.)
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SRFQ 17-161 Fine Art Framers on Contract
o
o
o
o
o
Hinge: (for hinging the window and back board together) Acid free, PH neutral archival tape.
Window mat: Once the window opening is cut out the edge of the sharp bevel that rests
against the artwork should be blunted slightly with a bone folder to prevent possible damage.
Glazing: Preference is to use conservation grade glass. UV-opaque: plexiglass or an acrylic
sheet can be used for large works if weight is an issue (use anti-static for objects with friable
media such as charcoal or pastels). Ensure the object does not touch the glazing -- use a
sufficiently thick-ply window mat or add spacers along the perimeter of the mat.
Frame: Wood frames with appropriately sized rabbet depths. Rabbet depth cuts should be
lined with a barrier film e.g., aluminum or polyester tape with acrylic adhesive, or specifically
agreed upon material. This is used to prevent acids in wood from migrating into the mat
package. Metal frames can be discussed if circumstances specific to the artwork do not allow
wood products.
Protective vinyl pads/bumpers: Should be placed on the back side of the frame in the two
bottom corners. No felt pads/bumpers.
Float mounting: Can be used when the edge of the paper/artwork needs to be seen.
o Front window mat: may be used, but is not necessary.
o Without a front window mat: spacers maintain the distance between the glass and the
backing. The artwork hangs from hinges, which are placed inconspicuously behind the work
so that the art appears to float within the frame. The window mat’s inner dimensions should
be 1/4” to 1/2” greater than the dimensions of the work.
When matting prints: (printmaking) Never cover any part of the image when matting; Never cover
the plate mark when matting.
When hinging mats:
o Whenever possible use corner supports. No adhesive is applied to the artwork using this
method.
o Tape should always be applied along one of the longer sides, parallel to the grain.
o If a mat is wider than it is high, it should be hinged along the upper edge
o If it is higher than it is wide, it should be hinged along the left edge so it opens from right to
left like a book.
o Artwork is always mounted to the back board and never the window frame.
o Use as few hinges as possible while still providing the requisite support for the artwork.
o The stiffness of the hinge should never exceed that of the paper to which it is applied.
For work that is thick: such as Bristol board, watercolor paper or canvas board
o The filler and backing must equal the depth of the art.
o Paintings: Canvas stretcher bar depth will be concealed by frame.
o Dust jackets are preferred, attached to frame and not stretcher bars
o Framer maker marks, stamps or business cards can be attached to dust jackets (if
necessary) will be placed on lower left corner.
o Hanging hardware:
• Wire is the preferred method, coated or not coated.
• French cleat
• Frame lock cleat
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SRFQ 17-161 Fine Art Framers on Contract
PROJECT TIMELINE:
Description
Call to Artist Released
Application Workshop – optional
Questions / Clarifications due via email by
Applications due in writing by mail/hand deliver
Final Framers Selected and put on contract
Date
January 17, 2017
February 8, 2017 at 1:30 p.m.
at Boise City Hall, 3rd floor, 150 N. Capitol Blvd.
February 10, 2017 at noon Local Time
February 15, 2017 at 1:00 pm Local Time
March 2017
APPLICATION PROCESS:
Optional Application Workshops will be held February 8, 2017 local time in the Boise City Council
Chambers located at 150 N Capitol Blvd, 3rd floor, Boise, Idaho 83702. At the Workshop staff will review
the application process, the qualification process, the framing standards, and answer questions. This is
your only opportunity to speak directly with Arts & History and Purchasing staff. Inquiries at any other
time must be submitted in writing to Tammi Leatham at [email protected].
In determining the best qualified applications, City of Boise will consider all acceptable applications on a
basis consistent with this RFQ. The Evaluation Panel will rank applications directly from the evaluation
process and basis of qualifications identified in this document. Once the final ranking is complete, the
City of Boise will offer the highest ranked applicant(s) a contract. Should they not be available or the
contract not successfully negotiated, the City would select the next ranked qualified Applicant(s) to offer
a contract. The City of Boise reserves the right to reject any and all applications, to waive any
irregularities in the applications received and to accept the applications that are in the best interest of
the City.
Boise City is an Equal Opportunity Employer. The City of Boise is exempt from Federal and State taxes
and will execute the required exemption certificates.
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SRFQ 17-161 Fine Art Framers on Contract
INSTRUCTIONS AND INFORMATION:
• All applications must be mailed or hand-delivered to:
Purchasing Department
Boise City Hall
150 N. Capitol Blvd.
Boise, ID 83702
•
It is the sole responsibility of the submitting Applicant to timely submit his/her application in a
properly marked envelope by the scheduled deadline date and time: February 15, 2017 @ 1:00
PM
•
Submitted packages must include one physical copy of your application (application form, image
list, references, resume, letter of interest) and, if applicant is able to, one identical electronic copy
as a single PDF file; the digital PDF file name shall be named SRFQ 17-161 and Framer name
(example: SRFQ17161Smith). The submitted application form must be signed (in both digital and
hard copy forms). Images are submitted on the cd or thumb drive as separate jpeg files (applicants
need not print hard copies of the images).
•
The submission package or envelope must be SEALED and plainly marked with the following:
Solicitation Number: SRFQ 17-161
Project Name:
Fine Art Framers on Contract
Deadline Date:
February 15, 2017 @ 1:00 PM Local Time
•
The Applicant’s return address shall appear on the outside of the envelope or package.
•
A submission made using "Express/Overnight" services must be shipped in a separate sealed inner
envelope/package identified as stated above.
•
Applications must be submitted in writing. No oral, telephone, facsimile, email, or late submissions
will be considered. All applications must be received at the City Purchasing Office and time and
date stamped prior to the closing date and time. It is the submitting Applicant’s responsibility to
timely submit their Application in a properly marked envelope, prior to the scheduled closing, for
receipt in time to allow the submission to be time/date stamped.
•
ALL APPLICATIONS MUST BE SIGNED (digital and hard copies). Applications not signed will be
disqualified and considered non-responsive.
•
The applicant is responsible for all costs incurred in preparing/responding to this RFQ. All
materials/documents submitted become the property of the City and won’t be returned.
QUESTIONS & CLARIFICATIONS: Submit any questions or requests for clarifications by or
before February 10th at noon to: Tammi Leatham, [email protected]
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SRFQ 17-161 Fine Art Framers on Contract
EVALUATION PROCESS:
Applications are to be submitted in a format that allows uniform review and easy access to
information by the Evaluation Panel, which is made up of funding stakeholders, an Arts & History
Commissioner, and artists. The Applications are to be clear and to the point. The Application
package shall contain the following information:
1 – 5 items must be included in the package in hard copy, printed form. If applicant has the
necessary technology, we request that they are also prepared as one PDF, on the CD or thumb drive:
1. Application Form/Signature Page (Pass/ Fail – if submitted it, you pass, if you don’t, you fail)
Fill out / sign the Application Form/Signature Page and submit as your first document.
2. Letter of Interest/Ability to Provide (50 pts.)
Include a one-page letter addressing why you’re interested in this opportunity and your related
experience or qualifications. Describe how the applicant is able to provide responsive services
for fine art framing, meeting the needs of the City of Boise for this project.
3. Resume/Prior Experience (100 pts.)
Include a resume and/or brief summary of the Artist’s qualifications and/or past experience
4. 2 References (Pass/Fail)
Applicants must provide at least two (2) current references who are familiar with the quality of
the framing created by the applicant.
5. Narrative: (200 pts.)
Please provide a narrative statement, not longer than 2 pages, that outlines and describes the
following:
a. Area(s) of specialty of framing, i.e. works on paper, conservation
b. Maximum size of frameable work
c. Any framing restrictions
d. Average turnaround time
e. Availability to produce custom work
To score the applications, the Selection Panel will and use a point formula to score the applications.
The Selection Panel will review and discuss these evaluations, combining scores for each framer.
Those framers with low scores will be eliminated from consideration. Those remaining will be
reviewed and five framers with the highest scores will be considered for contract. We anticipate that
a contract may be awarded to up to five framers. The City may conduct reference checks by
contacting references submitted by the Applicant. In addition, the City may contact references not
listed by the framer. Reference checks will not be scored separately, but will be used to validate
information included in the Application submitted by framer. The information obtained for the
reference checks may impact the scores assigned by the Selection Panel.
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SRFQ 17-161 Fine Art Framers on Contract
REQUEST FOR QUALIFICATIONS: Fine Art Framers on Contract
1. APPLICATION FORM / SIGNATURE PAGE
Name:________________________________________________________________________
Address:______________________________________________________________________
City/ State/ Postal
Code:__________________________________________________________________
Phone:_______________________________________________________________________
Email___________________________________Website:______________________________
Social
Media:_______________________________________________________________________
Signature: _______________________________ Date:__________
You must sign and date this form or you will be disqualified!
2. INCLUDE/ATTACH LETTER OF INTEREST
3. INCLUDE/ATTACH RESUME
Proposer complies with all required framing standards listed in Background and Project
Information:
Yes _____ No______
If no, please list all exceptions on a separate sheet
Significant Local Economic Presence: _____ Yes; _____ No
(Misstatement of local presence may result in disqualification of the application by City
Council).
Provide local address if different than mailing address.
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SRFQ 17-161 Fine Art Framers on Contract
PUBLIC AGENCY CLAUSE
Bid prices will be made available to other “Public Agencies” as defined in Section 67-2327 of the Idaho
Code, to include any city or political subdivision of this state including, but not limited to counties;
school districts; highway districts; port authorities; instrumentalities of counties; cities or any political
subdivision created under the laws of the State of Idaho, any agency of the state government; and any
city or political subdivision of another state. It will be the responsibility of the “Public Agency” to
independently contract with the vendor and/or comply with any other applicable provisions of Idaho
Code governing public contracts. Typically, other municipalities buy from our agreement.
Accept Public Agency Clause? Yes ____________
No_____________
Please let us know how you found out about this opportunity___________________________
Would you like to receive direct email about other Call for Entries from the Boise City Department of
Arts & History? __________________
The above signed applicant proposes to provide services in accordance with the specifications for SRFQ
17-161, Fine Art Framers on Contract, Boise Idaho and to bind themselves, on the acceptance of this
application, to enter into and execute a contract, of which this application, terms and conditions, and
specifications will be part. The undersigned further agrees, if awarded a contract, to execute and deliver
the signed contract to the City within five (5) working days after receipt of an executed contract.
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SRFQ 17-161 Fine Art Framers on Contract
REFERENCES
Applicants must provide at least two (2) current references who are familiar with the quality of the
work created by the Applicant. References must be able to verify Applicant’s ability to comply with
the requirements of this application. Failure to provide references may be grounds for
disqualification. Before a contract is awarded, the City may conduct reference investigations as is
necessary to evaluate and determine the performance record and ability of the top ranked
Applicant(s) to perform the size and type of work to be contracted, and to determine the quality of
the service being offered. By submitting an application, you authorize the City to conduct reference
investigations as needed.
Reference One
Name of Reference:
Email:
Phone:
Address:
City/State/Zip:
Affiliation:
______
Years Known:
Reference Two
Name of Reference:
Email:
Phone:
Address:
City/State/Zip:
Affiliation:
______
Years Known:
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SRFQ 17-161 Fine Art Framers on Contract
APPLICATION CHECKLIST (return with application package)
Please provide following items: (Items 1 – 5 as a single printed document and, if possible, as a
digital PDF)
1. Application Form/Signature Page (Pass/ Fail)
Yes__No__
Please fill out the Application Form/Signature Page and submit it as your first
document.
2. Letter of Interest/Ability to Provide (50 pts.) Yes__No__
Include a one-page letter addressing why you are interested in this opportunity and
your related experience or qualifications. Describe how the applicant is able to provide
responsive services for a graphic novel or comic themed mural meeting the needs of
the City of Boise for this project.
3. Resume/Prior Experience (100 pts.)
Yes__No__
Include a resume and/or brief summary of the Artist’s qualifications and/or past
experience
4. Two References (Pass/ Fail)
Yes__No__
Applicants must provide at least two (2) current references who are familiar with the
quality of the artwork created by the applicant.
5. Narrative: (200 pts.)
Yes___No___
Please provide a narrative statement, not longer than 2 pages, that outlines and describes the
following:
a. Area(s) of specialty of framing, i.e. works on paper, conservation
b. Maximum size of frameable work
c. Any framing restrictions
d. Average turnaround time
e. Availability to produce custom work
___________________________________________________________________________
DEADLINE:
February 15, 2017 @ 1:00 PM Local Time
PLEASE MAIL OR HAND-DELIVER COMPLETED APPLICATIONS TO:
Purchasing Department
Boise City Hall
150 N. Capitol Blvd.
Boise, ID 83702
The submission package or envelope must be SEALED and plainly marked with applicant’s
return address and the following:
Solicitation Number:
Project Name:
Deadline Date:
SRFQ 17-161
Fine Art Framers on Contract
February 15,2017 @ 1:00 PM Local Time
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SRFQ 17-161 Fine Art Framers on Contract
GENERAL CONDITIONS
These General Conditions are presented for clarification of the Terms and Conditions included with the
Agreement.
1.1 Intent of Application
It is the intent of this application is to describe the services being sought in sufficient detail to secure
qualified applicants, based on past work. Applications will be evaluated using a weighted scoring
method. Applications not conforming to the requested format or not in compliance with the
specifications will not receive full scoring.
1.2 Applicant’s Costs
The applicant will be responsible for all costs (including site visits where needed) incurred in preparing
or responding to this solicitation. All materials and documents submitted in response to the solicitation
become the property of the City and will not be returned.
1.3 Reserved Rights
The City of Boise reserves the right to accept or reject applications. The City may select a framer on the
basis of the written application, may request oral presentations.
1.4 Public Records
The Idaho Public Records Law, Idaho Code Sections 9-337 through 9-348, allows the open inspection
and copying of public records. Public records include any writing containing information relating to the
conduct or administration of the public's business prepared, owned, used, or retained by a State or local
agency regardless of the physical form or character. All, or most, of the information contained in your
application will be a public record subject to disclosure under the Public Records Law and will be
available for inspection and copying by any person. The Public Records Law contains certain
exemptions. One exemption potentially applicable to part of your response may be for trade secrets.
Trade secrets include a formula, pattern, compilation, program, computer program, device, method,
technique or process that derives economic value, actual or potential, from not being generally known
to, and not being readily ascertainable by proper means by other persons and is subject to the efforts
that are reasonable under the circumstances to maintain its secrecy.
If you consider any element of your Application to be a trade secret, or otherwise protected from
disclosure, you must:
a. Indicate by marking each page of the pertinent document confidential; and,
b. Include the specific basis for your position that it be treated as exempt from disclosure.
Prices quoted in your application are not a trade secret.
The following is not acceptable or in accordance with the Public Records Law and will not be honored:
a. Marking your entire Application as exempt; or,
b. Placing a statement or legend on one (1) page stating that all or substantially all of the response
is exempt.
The City, to the extent allowed by law and in accordance with these Instructions, will honor a
designation of nondisclosure. If you claim material to be exempt from disclosure under the Idaho Public
Records Law, the Applicant will expressly agree to defend, indemnify and hold harmless the City from
any claim or suit arising from the City’s refusal to disclose any such material. Any questions regarding
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SRFQ 17-161 Fine Art Framers on Contract
the applicability of the Public Records Law should be addressed to your own legal counsel – Prior to
submission.
1.5 Taxes
The City of Boise is exempt from Federal and State taxes and will execute the required exemption
certificates for items purchased and used by the City. Items purchased by the City and used by the
applicant are subject to Use Tax. All other taxes are the responsibility of the Applicant.
1.6 Request for Clarification or Questions, Protest of Application Requirements or Process
Any Applicant who wishes to request clarifications, or protest the requirements, or processes outlined
in this solicitation may submit a written notification to the Department of Finance & Administration, to
be received no later than noon, February 10, 2017. The notification will state the exact nature of the
clarification, protest, describing the location of the protested portion or clause in the Application
document and explaining why the provision should be struck, added, or altered, and contain suggested
corrections. The Finance & Administration Department may deny the protest, require that the
Application document be modified, modify the proposal, and/or reject all or part of the protest.
Changes to these specifications will be made by written addendum. Verbal responses will not be
binding on the City or the Applicant.
Written requests are to be directed to:
Tammi Leatham
City of Boise Purchasing
150 N. Capitol Blvd.
Boise ID 83702
Fax 208-384-3995
[email protected]
1.7 Addenda to the RFQ
If this specification is modified by the Purchasing Office, the modifications will be sent to each applicant
in writing through a website attachment or by email. Verbal modifications are not binding on the City
or the Applicant. No oral changes will be considered or acknowledged. Applicants are requested to
acknowledge each addendum received in their Application.
1.8 Modification and Withdrawal of Proposal
An application may be modified or withdrawn by the Applicant prior to the set date and time for the
opening of proposals.
1.9 Application Questions
Questions and responses of any one Applicant, which the City of Boise deems may affect or cause an
ambiguity in application responses, will be supplied to all prospective applicants by addendum.
The City of Boise may, by written notice to all applicants, cancel, postpone or amend the Request for
Qualifications (RFQ) prior to the due date. If, in the opinion of the City of Boise, the revisions or
amendments will require additional time for a response, the due date will be extended to all applicants.
If revisions and amendments are not furnished to applicants prior to the due date, applications shall be
considered withdrawn and the process shall be re-initiated without further discussion.
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SRFQ 17-161 Fine Art Framers on Contract
1.10 Award Criteria
Criteria necessary to evaluate the applications in relation to the service being sought are included in the
RFQ documents and will be established and weighted. At a minimum, criteria will include general
qualifications, specific project experience, compliance to the specifications and requirements for the
service.
1.11 Significant Local Economic Presence
To qualify as an applicant with a significant local economic presence, a firm must maintain in the
Metropolitan Impact Area a fully staffed office, or fully staffed sales offices, or fully staffed sales outlets,
or manufacturing facilities, or warehouses, and, if required, be registered with the Secretary of State of
Idaho to do business in Idaho at the time of the bid/proposal opening.
•
Metropolitan Impact Area: Includes and is limited to the counties of Ada, Boise, Canyon,
Elmore, Gem and Payette in the state of Idaho.
1.12 Disadvantaged Business Enterprises (D.B.E.)
D.B.E. firms and business enterprises are encouraged to submit an application. Women owned and
minority owned firms are encouraged to submit an application. The City actively encourages any
applications by D.B.E. firms for goods and services for the City.
Rejection of Applications
The City of Boise may, at its sole option, reject any and all applications, for any reason, and reserves the
right to re-solicit applications in the event no response to the call is acceptable to the City of Boise. City
of Boise is in no way obligated to any applicant for the work as set forth in the call.
1.13.1 The City of Boise reserves the right to accept or reject applications on each item separately or the RFQ
as a whole, without further discussion.
1.13.2 Applications, which are incomplete, will be considered non-responsive to this opportunity and
may be rejected without further consideration.
1.13.3 If, in the opinion of the City of Boise, the opportunity does not result in reasonable qualifications
and experience required by the City of Boise, then all applications shall be rejected. All participating
applicants shall be notified of the rejection, the reasons for the rejection, and advised of the disposition
of the requirement.
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SRFQ 17-161 Fine Art Framers on Contract
SAMPLE PERSONAL SERVICES CONTRACT AGREEMENT – DO NOT FILL OUT
PURCHASING CONTRACT NUMBER SRFQ 17-161
Project: Fine Art Framers on Contract
Vendor: Contractor Name
Owner: Arts & History, City of Boise, Ada County, Idaho, a municipal corporation
THIS AGREEMENT, made this _______ day of __________, 2____, by and between the City of Boise, a
municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as
"Owner", and (Contractor Name) hereinafter referred to as “Vendor”, a corporation organized under
the laws of the State of Idaho.
1. Statement of Work: The Vendor shall furnish labor, material and equipment for, and perform the
work described herein for the consideration stipulated, and in compliance with State and City Codes.
Contract documents consist of the following together with any amendments that may be agreed to in
writing by both parties:
Bid Proposal
Workers’ Compensation
Contract Agreement
Automobile Insurance
Specifications
Liability Insurance
Acknowledgements
Services to be provided: Insert Scope of Services
2. Amount of Contract: In an amount Not to Exceed: Based on negotiated task order.
3. Time of Performance: All work and products described in the Scope of Work shall be completed
within 365 days from the date hereof. The term may be modified by mutual written agreement of the
parties.
4. Indemnification and Insurance: Vendor shall indemnify and save and hold harmless Owner from
and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and
losses and expenses caused or incurred by Vendor, its servants, agents, employees, guests, and
business invitees, and not caused by or arising out of the tortious conduct of Owner or its employees.
In addition, Vendor shall maintain, and specifically agrees that it will maintain, throughout the term of
this Agreement, liability insurance, in which the Owner shall be named an additional insured in the
minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho
Code. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save
and hold harmless Owner; and if Owner becomes liable for an amount in excess of the insurance
limits, herein provided, Vendor covenants and agrees to indemnify and save and hold harmless Owner
from and for all such losses, claims, actions, or judgments for damages or liability to persons or
property. Vendor shall provide Owner with a Certificate of Insurance, or other proof of insurance
evidencing Vendor's compliance with the requirements of this paragraph and file such proof of
insurance with the Owner. In the event the insurance minimums are changed, Vendor shall
immediately submit proof of compliance with the changed limits.
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SRFQ 17-161 Fine Art Framers on Contract
Vendor shall maintain automobile insurance with a limit of no less than $500,000 per occurrence for
owned, non-owned and hired vehicles. If vendor has no owned motor vehicles, then hired and nonowned motor vehicle liability coverage with limits not less than $500,000 per accident for bodily injury
and property damage is required. Where applicable, the City of Boise shall be named as an additional
insured.
Additionally, the Vendor shall have and maintain during the life of this contract, statutory Workers
Compensation, regardless of the number of employees, or lack thereof, to be engaged in work on the
project under this agreement (including himself) in the statutory limits as required by law. In case any
such work is sublet, the Vendor shall require the subContractor provide Workers Compensation
Insurance for himself and any/all the latter's employees. Proof of insurance must be provided to
Owner prior to the start of work.
Proof of all insurance shall be submitted to City of Boise, Purchasing, P.O. Box 500, Boise, ID.
83701.
5. Independent Vendor: In all matters pertaining to this agreement, Vendor shall be acting as an
independent contractor, and neither Vendor, nor any officer, employee or agent of Vendor will be
deemed an employee of City. The selection and designation of the personnel of the Owner in the
performance of this agreement shall be made by the Owner.
6. Compensation: For performing the services specified in Section 1 herein, Owner agrees to
reimburse Vendor according to the attached bid specification. Payment will not include any subcontract or other personal services pay except as may be agreed to in writing in advance by the
parties. Change Orders may be issued, subject to Purchasing/Council approval.
7. Method of Payment: Vendor will invoice the Arts and History directly for all current amounts
earned under this Agreement. Owner will pay all invoices within forty-five (45) days after receipt.
8. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise
stated in this agreement, shall be in writing and be deemed communicated when mailed in the United
States mail, certified, return receipt requested, addressed as follows:
City of Boise
Arts and History
150 N Capitol BLVD
Boise, Idaho 83702
(Insert Contractor’s Name)
(Insert Contractor’s Address)
(City), (State) (Zip Code
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SRFQ 17-161 Fine Art Framers on Contract
Either party may change their address for the purpose of this paragraph by giving written notice of
such change to the other in the manner herein provided.
9. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this
Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to
court costs and reasonable attorneys’ fees as determined by a Court of competent jurisdiction. This
provision shall be deemed to be a separate contract between the parties and shall survive any default,
termination, or forfeiture of this Agreement.
10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the
essence with respect to each and every term, condition and provision hereof, 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.
11. Force Majeure: Any delays in or failure of performance by Vendor shall not constitute a breach or
default hereunder if and to the extent such delays or failures of performance are caused by
occurrences beyond the reasonable control of Vendor, including but not limited to, acts of God or the
public enemy; compliance with any order or request of any governmental authority; fires, floods,
explosion, accidents; riots, strikes or other concerted acts of workmen, whether direct or indirect; or
any causes, whether or not of the same class or kind as those specifically named above, which are not
within the reasonable control of Vendor. In the event that any event of force majeure as herein
defined occurs, Vendor shall be entitled to a reasonable extension of time for performance of its
Services under this Agreement.
12. Assignment: It is expressly agreed and understood by the parties hereto, that Vendor shall not
have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except
upon the prior express written consent of Owner.
13. Discrimination Prohibited: In performing the Services required herein, the Contractor, subrecipient, or subcontractor shall not discriminate against any person on the basis of race, color,
religion, sex, sexual orientation, gender identity/expression, national origin or ancestry, age or
disability. It is the Contractor’s responsibility to ensure that the sub-contractor is in compliance with
this section.
Further, if this is a Department of Transportation assisted contract, the Contractor shall carry out
applicable requirements of 49 C.F.R. Part 26 in the award and administration of the contract. It is the
Contractor’s responsibility to ensure that all sub-contractors are in compliance with these
requirements as well. Failure by the Contractor to carry out these requirements is a material breach of
this contract, which may result in the termination of this contract or such other remedy as the City
deems appropriate.
14. Reports and Information: At such times and in such forms as the Owner may require, there shall
be furnished to the Owner such statements, records, reports, data and information as the Owner may
request pertaining to matters covered by this Agreement.
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SRFQ 17-161 Fine Art Framers on Contract
15. Audits and Inspections: At any time during normal business hours and as often as the Owner
may deem necessary, there shall be made available to the Owner for examination all of Vendor's
records with respect to all matters covered by this Agreement. Vendor shall permit the Owner to audit,
examine, and make excerpts or transcripts from such records, and to make audits of all contracts,
invoices, materials, payrolls, records of personnel, conditions of employment and other data relating
to all matters covered by this Agreement.
16. Compliance with Laws: In performing the scope of services required hereunder, Vendor shall
comply with all applicable laws, ordinances, and codes of Federal, State, and local governments.
17. Changes: The Owner may, from time to time, request changes in the Scope of Work to be
performed hereunder. Such changes, including any increase or decrease in Vendor’s compensation,
which are mutually agreed upon by and between the Owner and the vendor, shall be incorporated in
written amendments to this Agreement.
18. Termination for Cause: If, through any cause, the vendor shall fail to fulfill in a timely and proper
manner its obligations under this Agreement, or if the vendor shall violate any of the covenants,
agreements, or stipulations of this Agreement, the Owner shall thereupon have the right to terminate
this Agreement by giving written notice to the vendor of such termination and specifying the effective
date thereof at least fifteen (15) days before the effective date of such termination. If this agreement is
terminated for cause the vendor shall be entitled to receive just and equitable compensation for any
work satisfactorily completed hereunder.
Notwithstanding the above, the vendor shall not be relieved of liability to the Owner for damages
sustained by the Owner by virtue of any breach of this Agreement by the vendor, and the Owner may
withhold any payments to the vendor for the purposes of set-off until such time as the exact amount
of damages due the Owner from the vendor is determined. This provision shall survive the
termination of this agreement and shall not relieve the vendor of its liability to the Owner for
damages, provided that the amount of such damages shall not exceed the total compensation
provided for in section two of this agreement.
19. Termination for Convenience of City: The Owner may terminate this Agreement at any time by
giving at least fifteen (15) days notice in writing to the Vendor. If the Agreement is terminated by the
Owner as provided herein, Vendor will be paid an amount which bears the same ratio to the total
compensation as the services actually performed bear to the total services of Vendor covered by this
Agreement, less payments of compensation previously made. If this Agreement is terminated due to
the fault of Vendor, Section 18 hereof relative to termination shall apply.
20. Vendor to Pay or Secure Taxes: The Vendor in consideration of securing the business agrees: 1)
To pay promptly when all taxes due (other than on real property), excises and license fees due the
state, its subdivisions, and municipal and quasi-municipal corporations therein, accrued or accruing in
accordance with conditions of this Agreement, whether or not the same shall be payable at the end of
such term; 2) That if said taxes, excises and license fees are not payable at the end of said term, but
liability for the payment thereof exists, even though the same constitute liens upon the Vendor's
property, to secure the same to the satisfaction of the respective officers charged with the collection
thereof; and that; 3) That, in the event of default in the payment or securing of such taxes, excises, and
license fees, that Boise City may withhold from any payment due the vendor hereunder the estimated
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SRFQ 17-161 Fine Art Framers on Contract
amount of such accrued taxes, excises and license fees for the benefit of all taxing units to which said
Vendor is liable.
21. 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.
22. Non-Appropriation: Should funding become not available, due to lack of appropriation, the
Owner may terminate this agreement upon 30 (thirty) days notice.
23. Renewal: This agreement shall not be valid for more than one year from the date of approval by
the Owner. This agreement is renewable upon mutual agreement by both parties. (5) Five one year
renewals shall be allowed.
24. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes
any and all other agreements or understandings, oral or written, whether previous to the execution
hereof or contemporaneous herewith.
25. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance
with the laws of the State of Idaho, and the ordinances of the City of Boise.
26. Approval Required: This Agreement shall not become effective or binding until approved by the
City of Boise.
27. Copyright: Ownership, Publication, Reproduction and Use Of Material. All copyrightable works
including but not limited to: literary works, pictorial, graphic and sculptural works, motion pictures
and audiovisual works, musical and dramatic works, sound recordings, architectural works, studies,
designs, plans, procedures, systems, and any other material or properties produced under this
Agreement shall be the sole and exclusive property of the City. No such materials or properties
produced in whole or in part under this Agreement shall be subject to private use, copyright,
trademark or patent by the Independent Contractor in the United States or in any other country
without the express written consent of the City. City shall have unrestricted authority to publish,
disclose, distribute and otherwise use, copyright, trademark or patent in whole or in part, any such
works or other materials or properties produced under this Agreement.
28. Social Media Clause: Until the Work is complete and has been accepted by the City, Consultant
shall not post or share information or photos about the Work online in any form, including but not
limited to email, websites, message boards, blogs, or social networking websites.
29. Acceptance and Final Payment: Upon receipt of notice that the work is ready for final
acceptance and inspection, the Owner’s representative will make such inspection and when he finds
the work acceptable and the contract fully performed he will have the Vendor issue a final payment
request.
END OF AGREEMENT
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SRFQ 17-161 Fine Art Framers on Contract
IN WITNESS WHEREOF, the City and the contractor/vendor have executed this Agreement as of the
date first above written.
________________________________________
Signature
Date
________________________________________
Print Name
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SRFQ 17-161 Fine Art Framers on Contract
ACKNOWLEDGEMENT
State of _________)
) ss
County of _______)
On this______day of _____________20____, before me personally appeared ______________
known to me and known by me to be the person who executed the above instrument, who, being by
me first duly sworn, did depose and say that he/she is _________________________
and that he/she executed the foregoing instrument on behalf of said firm for the use and purposes
stated therein.
Witness my hand and official seal
____________________________
(notary signature)
(SEAL)
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SRFQ 17-161 Fine Art Framers on Contract
APPROVED AS TO FORM AND CONTENT:
____________________________________
Department
Date
____________________________________
Purchasing Agent
Date
CONTRACT AMOUNT:
On a task order basis
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