Questions concerning Proposal Requirements
All questions regarding this RFP should be addressed to:
Tiina Harris, Arts & Culture Manager, City of Marquette
Questions must be submitted at least three (3) business days prior to the RFP submission deadline.
NOTICE TO CANDIDATES
This Request for Proposal does not constitute a contract or an offer of employment. The cost of preparation of proposals shall be the sole obligation of the applicant. All proposals, whether accepted or rejected, shall become the property of the Marquette Public Art Commission (MPAC). MPAC reserves the right to:
Make the selection based on its sole discretion,
Reject any and all proposals,
Issue subsequent Request for Proposals,
Postpone opening proposals if necessary for any reason,
Remedy errors in the Request for Proposal process,
Approve or disapprove the use of particular subcontractors,
Negotiate with any, all, or none of the artists,
Waive informalities and irregularities in the proposals,
Enter into an agreement with another artist in the event the originally selected artist defaults or fails to execute an agreement with MPAC,
Cancel this RFP in its entirety at any time prior to final agreement award.
Neither MPAC nor MAC assumes no responsibility for, “late proposals,” and it is the sole responsibility of the applicant to ensure that the proposal is received by MPAC prior to the due date. No faxes will be accepted. Prior to beginning the execution of their Words to Live and Bike By mural, any chosen applicant will be required to sign the Requirements of RFP Requirements and Certification form. (see Appendix A)
MPAC reserves the right to make a selection without further discussion of the proposal submitted. Therefore, the proposal should be initially submitted on the most favorable terms the artist can offer, and completed to the best of their abilities. MPAC shall not be bound or in any way obligated until both parties have executed an agreement/contract. The artist(s) selected as the apparently successful artist(s) will be expected to enter into a contract with MPAC. Any contract award shall not be construed as an exclusive arrangement and further agrees that MPAC may, at any time, secure similar or identical services from other artists at its sole discretion.
After painting is completed, MPAC reserves the right to alter the surface, and thus affect the existing artwork, to meet safety needs, or repaint weathered, deteriorated, or defaced surface areas. It is our goal that this artwork will have a lifespan of approximately 12-18 months, at which point it shall be removed. However, MPAC reserves the right to remove or “deaccession” it at any time at the request of the City. Due to the ephemeral nature of this project, and its integration into the City’s infrastructure, the opportunity for the artist to claim the work prior to its removal is not permitted.
RIGHTS, REPRODUCTION, AND INTELLECTUAL PROPERTY
The artist shall retain all copyrights associated with artworks acquired by the City. By signing this agreement the artist(s) does agree to assign the City the right to make and reproduce photographs or other two dimensional representations of the artwork for public, non-commercial uses, such as catalogues, brochures, web site directory, and other educational or public relations purposes. Non-commercial purpose refers to information shared for the general welfare or benefit of the community. Any commercial uses, such as images on souvenirs or other items intended for sale, shall require prior written permission by the artist. Artists will be credited with any usage of the artwork by MPAC.
MPAC is committed to a program of equal opportunity regardless of race, color, creed, sex, age, nationality or disability.
Submittal and signature of a proposal swears that the proposal is genuine and not a sham or collusive, and not made in the interest of any person not named, and that the artist has not induced or solicited others to submit a sham offer, or to refrain from proposing.
COMPLIANCE WITH LAWS AND REGULATIONS
In addition to nondiscrimination and affirmative action compliance requirements previously listed, the artist awarded the contract shall comply with federal, state and local laws, statutes and ordinances relative to the execution of the work. This requirement includes, but is not limited to, protection of public and employee safety and health; environmental protection; waste reduction and recycling; the protection of natural resources; permits; fees; taxes; and similar subjects.
Under Michigan state law, the documents (including but not limited to written, printed, graphic, electronic, photographic or voice mail materials and/or transcriptions, recordings or reproductions thereof) submitted in response to this RFP (the “documents”) become a public record upon submission to MPAC, subject to mandatory disclosure upon request by any person, unless the documents are exempted from public disclosure by a specific provision of law. If MPAC receives a request for inspection or copying of any such documents it will promptly notify the person submitting the documents to MPAC and upon the written request of such person, received by MPAC within five (5) days of the mailing of such notice, will postpone disclosure of the documents for a reasonable period of time as permitted by law to enable such person to seek a court order prohibiting or conditioning the release of the documents. MPAC assumes no contractual obligation to enforce any exemption.