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HomeMy WebLinkAboutAcceptance Agreement for Display of Artwork in IPG - Adam ReynoldsACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the 20th day of January, 2015 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Adam C. Reynolds, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, in response to the Call to Artists, Artist did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal"), for the display of artwork in Initial Point Gallery; WHEREAS, on November 6, 2014, the Meridian Arts Commission ("Commission") reviewed the responses to the Call to Artists, selected Artist's work for display based on the Proposal, and recommended to the Meridian City Council that Artist's artwork, as depicted in the Proposal, be displayed in Initial Point Gallery; WHEREAS, at its regular meeting on December 2, 2014, the Meridian City Council adopted such recommendation and directed the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; 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, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver to Initial Point Gallery, on July 3, 2015, at such time as is specified by the Gallery Curator, artwork which shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Artist shall be responsible for hanging such artwork on July 3, 2015 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from July 3, 2015 through July 30, 2015, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on July 31, 2015, at such time as is specified by the Gallery Curator. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 1 II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display Artist's artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III. TIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees 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 default of this Agreement. IV. INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. Artist shall be responsible for contacting the Gallery Curator between May 3, 2015 and June 3, 2015 to confirm details regarding the installation, removal, publicity, and promotion of the exhibit. Artist's failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A, and the Application and Acknowledgements Form attached hereto in Exhibit B, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibits A and B, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 2 artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. V. DISPLAY. A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Chief of Staff. E. Removal of artwork by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 3 VI. INDEMNIFICATION WAIVER AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist's servants, agents, employees, guests, and/or invitees. B. Waiver. Artist shall, and hereby does, waive 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, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artist's person, property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with or is in default of any term or condition 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; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 4 C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non -waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party 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. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non -Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. 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, and 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. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require Artist's artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist's artistic talent or ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 5 expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: Artist: Adam C. Reynolds 2416 E. Deer Point Court Eagle ID 83616 City: Emily Kane Deputy City Attorney 33 E. Broadway Ave. Meridian ID 83642 Either party may change its respective mailing address by giving written notice of such change in the manner herein provided. J. 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 this 20th day of January, 2015. ARTIST/ C Ada C. Reynolds CITY OF MERIDIAN: 4W ✓J / .QO,AC V A(]Cli onno Jaycee Ho an, Cler \.� ^ SEA-. k UQ4 y ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 6 Exhibit A MeridiatnCorn mission Call for Artists: 2015 INITIAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/or three-dimensional artwork as part of the 2015 Initial Point Gallery Series, a series of one-month exhibitions in Initial Point Gallery. Initial Point Gallery is located on the third floor of Meridian City Hall (33 E. Broadway Avenue, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides 120 feet of total wall space for hanging two- dimensional artwork, and four enclosed display cases for three-dimensional artwork. MAC requests that artists voluntarily donate to MAC 20% of proceeds from sales of art displayed in Initial Point Gallery. ELIGIBILITY: Two-dimensional works displayed in Initial Point Gallery must be comprised of professional -quality, ready -to -hang, original art; artwork on paper must be under glass or acrylic. Selectees must fill all or half of the gallery. Three- dimensional works may be of any medium, but must fit within the four supplied display cases. No artwork will be displayed which: cannot be safely hung or displayed using the gallery's equipment; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Each piece to be displayed will be evaluated for its compliance with these general requirements. Selectees will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. Selectees and invitees may reapply biennially and if selected again, 75% of the display must be artwork that has not been previously displayed in Initial Point Gallery. Small, informal groups of 2-4 artists are encouraged to propose an exhibition including all artists' work. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2015 Initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. • Completed, signed Application Et Acknowledgements form; Letter of intent, including biography of the artist(s) or informational statement regarding organization; • 250 -word informational paragraph about the artist or organization (for use in gallery publicity if selected); • Five (5) digital images representational of the works proposed for display, on a CD (for organizations, each image must be of a different artist's work); and • $35 gallery maintenance fee (nonrefundable). Details and forms are available at the City's website, http://www.meridiancity.org or upon request. Limited assistance producing digital images may be available upon request. Materials submitted will not be returned. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, October 24, 2014. SELECTION PROCESS: The selection of art for the 2015 Initial Point Gallery Series will be made by MAC. MAC will notify selectees by letter sent U.S. Mail. In evaluating eligible proposals, the following factors will be considered: • Quality of work; • Appropriateness of subject and concept for a functioning government workplace; • Consistency with City policy and community values; and • Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION: The City of Meridian will provide selected artists/organizations with the following resources: • Volunteers to assist artist/organization with installing and removing each piece of artwork; • Track system for hanging 2D art and four enclosed pedestals for 3D art; • Space for artist information and/or an information board; and • Publicity of the exhibit through City contacts, local media, and other informational forums. CONTACT MAC: By mail: Meridian Arts Commission Attn: Emily Kane 33 East Broadway Avenue Meridian ID 83642 By e-mail: mac@meridiancity.org Exhibit B MeridiatneCC mmission Application £t Acknowledgments: 2015 INITIAL POINT GALLERY SERIES APPLICANT CONTACT INFORMATION Check one:am submitting this application as an individual. t9 am submitting this application for this organization: ❑lam Applicant: Applicant E-mail: Mailing Address: Physical Address: Applicant Phone: APPLICATION OVERVIEW: Check all that apply:I/we propose to fill one half of Initial Point Gallery with two-dimensional artwork. ❑ I/we propose to fill the entire Initial Point Gallery with two-dimensional artwork. ❑ I/we propose to fill 01 02 03 04 of the display cases with 3D artwork Number of 2D pieces: Average size of 2D pieces: 4 $ X 40 Number of 3D pieces: Average size of 3D pieces: Proposed title or theme of show: lite. F0e� a,s &v rt APPLICATION MATERIALS: 19/ Completed, signed Application ft Acknowledgements Form. (Informal groups: each artist must sign separate form.) 19/ Biography of artist or informational statement regarding organization, no longer than one 81/2 x 11" page; [Q/ A letter of intent, describing: a. Artist/Organization/Group's vision for and/or theme of the proposed display; b. Number, dimensions, prices, and medium or media utilized in the works to be displayed; c. Any publicity that the Artist/Organization/Group plans to undertake if selected; and/or d. Any atypical issues or challenges regarding hanging or display of the works proposed for display. L9/ Up to five digital images of work representational of the artist's/organization/group's work on a CD, resolution of 300 dpi at a minimum size of 5x7, in .jpg format. Please name each image file with organization name or artist's Last name and the title of the work (e.g.: name. title.jpg). Materials submitted will not be returned. Damaged or non-compliant CDs and/or images will not be considered. Images will not be accepted via e-mail. IV $35 gallery maintenance fee, check made payable to the Meridian Arts Commission. This fee is nonrefundable. DISPLAY INFORMATION: Initial Point Gallery is equipped with a track system for hanging two-dimensional artwork. Two-dimensional artwork will be hung from cables, using hooks, and therefore must be equipped with two D rings (fig. 1) on the side rails on the back of the frame (fig. 2). The inside of each D ring must allow a space of at least one-quarter inch (1/4") for insertion of the hooks; any wire constricting this space must be removed. The D rings should be approximately a quarter of the distance of the total frame height from the top of the frame in order to avoid slanting away from the wall. Wires, eyehooks, and clip frames may not be used for hanging. Initial Point Gallery also provides four display cases, each with different dimensions (fig. 3), for displaying three-dimensional artwork. Picture NvnpinA.+'PM1 �s� nva Ca Was i t 3• 3'—G" FIG. 2. BACK OF FRAME FIG. 3. 3D ART DISPLAY CASES a z e FIG. 1. D RING Picture NvnpinA.+'PM1 �s� nva Ca Was i t 3• 3'—G" FIG. 2. BACK OF FRAME FIG. 3. 3D ART DISPLAY CASES September 14, 2014 Meridian Arts Commission 33 East Broadway Avenue Meridian ID 83642 Attn. Emily Kane. Dear Ms Kane, I am an ophthalmologist practicing in the Boise area who is also a part time artist My work has been displayed in other national venues and I have lectured about it, but it has never been on display in the Boise area. I was made aware of this opportunity by a patient of mine who works at the gallery and he encouraged me to make an application to the Initial Point Gallery Series. I have done some artwork on commission but am not really putting these up for sale. If someone expressed an interest in a purchase or a commission, I would discuss it. My commissions and auction prices for similar works have been in the $3000-$5000 range. However, my intent is for the art to just be displayed for everyone to enjoy. A large part of these works are from the "Eye as Art" series but they also include one large panoramic landscape, a stained glass piece, and a large postimpressionistic abstract. There are a total of 14 separate original artworks that could be part of the display. There may be another work completed before this showing occurs that is part of the Eye as Art series. I assume these works would probably take up about 1/2 of your gallery space. All except one are acyclic on fiberboard or foam board and most are "shadow box" framed. One is framed stained glass. 1. "Eye as Art" triptych. Three framed acrylic on fiberboard. Each is 20x76 inches. 2. "Eye as Art" quadric. Four framed acrylic on foam board. Each is 18x56 inches. 3. "Black Hole Sun" or "Golden Eye". Acrylic on fiberboard. 56 -inch diameter round. 4. "Eyes of Twilight" triptych. Acrylic on wood. Each 14 -inch diameter round. 5. "Elements". Four panels joined acrylic on fiberboard. Total size is 50x78 inches. Free floating frameless. 6. "Castle Rock from Arch Cape Oregon". Acrylic on foam board. 26x101 inches. 7. "Spoondrift". Framed painted stained glass. 26x48 inches. I am planning on publishing information on this display if it occurs to all ophthalmologists and optometrists in the area as well as their staffs. Many eye clinicians in the area who have been to my home and have seen the Eye as Art series have expressed that I should notify anyone involved in eye care in the area of such a show or display. Besides these works being relatively large a few of them, in particular Black Hole Sun, are quite heavy and hard to move around. I would definitely need help in preparing and transporting and putting back these works that are all currently on display in my home in Eagle. These pieces of art look best under intense lighting to bring out the shadows of the texture. The only piece that really needs something a little different to correctly display is the stained glass piece. It would be best hanging in front of window, or against a backlight of some sort. I look forward to possibly hearing from you about participating in the Initial Point Gallery Series, Sincerely, /C 4j-,10 Adam C. Reynolds MD Biography: Adam C. Reynolds MD has been an ophthalmologist and glaucoma specialist for 20 years practicing in the Boise area for the last 8 years. He graduated from medical school and did his ophthalmology residency through the University of Washington completing his training as a glaucoma sub -specialist at the Dean McGee Eye Institute at the University of Oklahoma in 2000. He worked there as an associate professor of ophthalmology for 7 years, teaching and doing glaucoma surgical research as well as clinical ophthalmology, before moving to the Boise area in 2006. He currently works as a clinical glaucoma specialist for Intermountain Eye Clinics and continues many different academic ophthalmology activities including writing articles and book chapters, lectures, teaching, serving in national ophthalmology leadership positions, and clinical surgical research. Although he had no formal training as an artist Dr. Reynolds' father was a quite well known professional artist in the Pacific Northwest. He was famous for abstract art of various types, production and directing avant garde theater, and was a very sought after portrait painter. He worked as senior art director for the largest advertising agency in the Seattle area during the 19SOs-70s. Dr. Reynolds mother was a professional musician, being a very well known organist and also a cellist with the Seattle symphony during that same time. Dr. Reynolds recalls meeting and interacting with various well-known artists, actors, and musicians from the Pacific Northwest including the famous glass artist Dale Chihuly. All of the artistic influence Dr. Reynolds grew up with was expressed in music early in his life. But the biological sciences and eventually medicine attracted him as a formal career. Throughout his medical endeavors music has continued to have a place, but over the last 1S years artistic expression has come out more in painting. He first started painting these unique impressionist "sculpture" impasto paintings of eye anatomy in 2001, which became the "Eye as Art" series. This series of paintings has had parts of it displayed and presented in talks about his art at various conventions of ophthalmologists. Some of his work has been auctioned at eye physician meetings as donations to foundations, and he has had other works commissioned by eye physicians. His art has also turned in other directions including large panoramic landscapes and stained glass works using designs inspired by Frank Lloyd Wright. He continues to paint variations of the works inspired by the eye, recently working on more "classic" presentations of the eye in partial full face abstract works almost like partial portraits using the same impressionistic techniques. Current plans include very large, almost mural size, of the type of work seen in "Elements". This is a type of abstract postimpressionism expression that he has recently been very interested in exploring further in very large formats. di 113 Nip" !y iy Q iz e