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HomeMy WebLinkAbout2016-02-02E IDIAM_ CITY COUNCIL REGULAR t,!n MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, February 02, 2016 at 6:00 PM 1. Roll -Call Attendance X Anne Little Roberts X Joe Borton X Ty Palmer X Keith Bird X Genesis Milam X Luke Cavener X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Tim Pusey with Valley Shepherd Church of the Nazarene 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Approve Minutes of January 5, 2016 City Council Meeting B. Approve Minutes of January 12, 2016 City Council Workshop Meeting C. Approve Minutes of January 19, 2016 City Council Meeting D. Resolution No. 16-1117: A Resolution Approving the Bylaws of the Meridian Solid Waste Advisory Commission as Amended on January 27, 2016 E. Resolution No. 16-1118: Approving City Council President's Appointments Of City Council Members To Serve As Department Liaisons, Committee Members, Commission Ex -Officio Members, And City Area Contacts F. Revised Findings of Fact, Conclusions of Law: AZ 15-012 Village Apartments by DevCo Located 2700 N. Eagle Road Request: Annexation and Zoning of 0.38 of an Acre of Land with a C -G Zoning District Meridian City Council Meeting Agenda Tuesday, February 02, 2016 — Page 1 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. G. Revised Findings of Fact, Conclusions of Law: CUP 15-019 Village Apartments by DevCo Located 2600 N. Eagle Road Request: Conditional Use Permit Approval for a Multi -Family Development Consisting of 336 Dwelling Units on 16.68 acres of Land in a C -G Zoning District H. Revised Findings of Fact, Conclusions of Law: Village Apartments MDA 15- 011 by DevCo Located 2600 N. Eagle Road Request: Modification to the Development Agreement to Include a Conceptual Development Plan for the Property and to Remove the Requirement for Detailed Conditional Use Permit Approval of Future Uses Findings of Fact, Conclusions of Law for Impresa Park Subdivision (H- 2015-0042) by Rodhouse Capital, LLC Located South Side of W. Franklin Road, Approximately 114 Mile West of S. Meridian Road Request: Short Plat Approval Consisting of Four (4) Building Lots on 1.22 Acres of Land in a L -O Zoning District J. Findings of Fact, Conclusions of Law for Primary Health Clinic (H-2015- 0045) by Matthew Witt, Rocky Mountain Companies Located 1648 & 1624 N.W. 1st Street Request: Modification to the Development Agreement to Update the Conceptual Development Plan for the Western Portion of the Site K. Approval of Change Order No 2 to Task Order 10492.a to KELLER ASSOCIATES for the " WELL 27 WATER TREATMENT FACILITY - CONSTRUCTION SERVICES" project for a Not -To -Exceed amount of $57,100.00 L. First Amendment to Recipient Agreement Between City of Meridian Boys & Girls Clubs of Ada County for Contribution of Funds M. Memorandum Of Agreement Between Meridian Development Corporation And City Of Meridian For Landscape Design For Pine Avenue Project Vacated N. Acceptance Agreements for Display of Artwork in Initial Point Gallery, Meridian City Hall: Idaho PTA Reflections, February 5 to March 4, 2016 Nampa Art Guild, March 4 to April 1, 2016 Joyce Ackerman, April 1 to April 29, 2016 Jessica Tookey, April 1 to April 29, 2016 Treasure Valley Artists Alliance, April 29 to June 3, 2016 Karen Lowery, June 3 to July -1, 2016 Kris Mannion, July 1 to July 29, 2016 Claire Remsberg, July 1 to July 29, 2016 Meridian City Council Meeting Agenda Tuesday, February 02, 2016 — Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Ian Smith, July 1 to July 29, 2016 Barbara & Dwight Williams, July 29 to September 2, 2016 Karl Henke, September 2 to September 30, 2016 Liz Flores, September 2 to September 30, 2016 Maria Garth, September 2 to September 30, 2016 William Gardoski, October 28 to December 2, 2016 6. Items Moved From the Consent Agenda A. Memorandum of Agreement for Contribution to Meridian Development Corporation for Polling Services Regarding a Multi -Purpose Event Center in an amount not to exceed $8,100.00 Approved 7. Department Reports A. Mayor's Office: Mayor's Youth Advisory Council (MYAC) Update B. Meridian Arts Commission: Art Gift Donation - "Bounty" by Richard Herdegen 8. Action Items Land Use Public Hearing Process: After the Public Hearing is opened the staff report will be presented by the assigned City planner. Following Staff's report the applicant has up to 15 minutes to present their application. Each member of the public may provide testimony up to 3 minutes or if they are representing a larger group, such as a Homeowners Association, they are allowed 10 minutes. The applicant is then allowed 10 additional minutes to respond to the public's comments. No additional public testimony is taken once the public hearing is closed. A. Public Hearing for Birkdale Estates Subdivision (H-2015-0021) by EGC Development, LLC Located Northeast Corner of N. Meridian Road and E. Chinden Boulevard 1. Request: Annexation and Zoning of 10.06 Acres of Land with an R-2 Zoning District Approved 2. Request: Preliminary Plat Approval Consisting of Nineteen (19) Building Lots and Four (4) Common Lots on 10.06 Acres of Land in a Proposed R- 2 Zoning District Approved B. Public Hearing for Citadel Storage at Amity (H-2015-0031) by Citadel Storage, LLC Located Southeast Corner of E. Amity and N. Meridian Road Approved Meridian City Council Meeting Agenda Tuesday, February 02, 2016 — Page 3 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 1. Request: Annexation and Zoning of 15.84 Acres of Land with an I -L Zoning District C. Public Hearing for Westborough Square (H-2015-0036) by Northside Management Located 6340 N. Jericho Road 1. Request: Rezone of 3.32 Acres of Land from the L -O to the R-15 Zoning District 2. Request: Modification to the Conditional Use Permit (CUP -05-027) to Allow the Development of Multi -Family Instead of Offices on Phase 2 of the Site Continued to March 1, 2016 D. Public Hearing for Paramount North Forty (H-2015-0034) by Brighton Investments, LLC Located 6280 N. Fox Run Way 1. Request: Preliminary Plat Consisting of Three (3) Building Lots, Three (3) Common Lots and Two (2) Other Lots for Future Right -of -Way Dedication Approved E. Final Plat for Paramount Veranda (H-2015-0033) by Brighton Investments, LLC Located 6280 N. Fox Run Way 1. Request: Final Plat Approval Consisting of One (1) Building Lot, Two (2) Common Area Lots and One (1) Other Lot for Future Right -of -Way Dedication Continued to February 9, 2016 9. Continued Department Reports A. Community Development: Update and Discussion regarding the Oaks Subdivision Reimbursement Agreement for Infrastructure Enhancement 10. Ordinances A. Ordinance No. 16-1671: An Ordinance Amending Meridian City Code Section 8-6-5, Regarding Reimbursement Agreements For Infrastructure Enhancements; Amending Meridian City Code Section 8-6-5(B) To Add A Definition Of Equivalent Residential Unit; Amending Meridian City Code Section 8-6-5(C)(7)(C), Regarding Calculation Of Beneficiary Reimbursement Amount By Equivalent Residential Unit; Amending Meridian City Code Section 8-6-5(D)(2), Regarding Timing Of Collection Of Meridian City Council Meeting Agenda Tuesday, February 02, 2016 — Page 4 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Beneficiary Reimbursement Amounts; Adopting A Savings Clause; And Providing An Effective Date Approved 11. Future Meeting Topics Adjourned at 7:53 p.m. Meridian City Council Meeting Agenda Tuesday, February 02, 2016 — Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council February 2, 2016 A meeting of the Meridian City Council was called to order at 6:03 p.m., Tuesday, February 2, 2016, by Mayor Tammy de Weerd. Members Present: Keith Bird, Charlie Rountree, David Zaremba Joe Borton and Genesis Milam, Luke Cavener and Ty Palmer. Others Present: Bill Nary, Jaycee Holman, Bruce Chatterton, Clint Dolsby, Mike De St. Germain, Perry Palmer, Sonya Watters, Josh Beach, Bruce Fre ckleton, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X _ Joe Borton X__ Ty Palmer X_ Keith Bird __X__ Genesis Milam __X__ Lucas Cavener __X Mayor Tammy de Weerd De Weerd: We apologize for starting a few minutes late, but thank you for joining us. Always enjoy seeing our Boy Scouts out in our audience. Thank you, young men, for joining us. Good luck with your merit badges. Okay. For the record it is Tuesday, February 2nd. It's 6:09. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is our Pledge of Allegiance. If you will all rise and join us in our pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Tim Pusey with Valley Shepherd Church of the Nazarene De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Pastor Tim Pusey with the Valley Shepherd Nazarene Church. Thank you for joining us. I'd like to invite you all to join us in the community invocation or take this as an opportunity for a moment of reflection. Pusey: Thank you. Let's pray. Father God, we bow our heads before you at the beginning of this meeting seeking your wisdom and your grace this evening as our City Council considers business of our city. Thank you, Lord, for those who are willing to serve in leadership like this and pray that you would -- as they devote their time and energies to these issues tonight that you would lead them and guide them. Father, we thank you for this wonderful community in which we are privileged to live. We consider our blessings and we thank you and, Lord, as we consider our blessings help us to be mindful of the Meridian City Council February 2, 2016 Page 2 of 40 needs of people around us who are less fortunate and perhaps living in poverty and with great needs in their lives. Lord, we ask that you give to our City Council wisdom and insight this evening about decisions affecting this community. Give energies to those who have already had a long day and when the meeting is concluded may there be a sense that something good has taken place here this evening. We ask these things in our Savior's name, amen. Item 4: Adoption of the Agenda De Weerd: Thank you. Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the Consent Agenda, 5-B, the resolution number is 16-1117. 5-E is 16-1118. Item No. 5-M has been asked to vacate this item on the agenda. Is there a reason? Staff? Nary: Which one? Bird: 5-M. Nary: Madam Mayor, Members of the Council -- Bird: Got the wrong thing. Nary: No. 5-M we actually are going to remove it, because there is still some details that need to be worked out on the reimbursement. Bird: Okay. We are removing 5-M as staff requested. Items moved from the Consent Agenda. We had one item, A -- 6-A. And Item No. 8-C has been requested to be moved to March 1st, 2016. And item 8-E has been moved to -- has been requested to be moved to February 8th, 2016. And under 10-A the ordinance number is 16-1671. And with that, Madam Mayor, I move we approve the amended agenda. Borton: Second. De Weerd: I have a motion and a second to adopt the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Is there anyone here in the audience today that is here for the public hearing on Westborough Square? Okay. It has been requested -- Council doesn't necessarily have to continue it. Just want you to know that it possibly can be. I will be opening the Meridian City Council February 2, 2016 Page 3 of 40 public hearing, so if you want to provide testimony prior to the applicant and their remarks, we will certainly invite you at that time, but if it's convenient I would suggest to join us again on March 1st and with my apologies, so -- Item 5: Consent Agenda A. Approve Minutes of January 5, 2016 City Council Meeting B. Approve Minutes of January 12, 2016 City Council Workshop Meeting C. Approve Minutes of January 19, 2016 City Council Meeting D. Resolution No. 16-1117: A Resolution Approving the Bylaws of the Meridian Solid Waste Advisory Commission as Amended on January 27, 2016 E. Resolution No. 16-1118: Approving City Council President’s Appointments Of City Council Members To Serve As Department Liaisons, Committee Members, Commission Ex-Officio Members, And City Area Contacts F. Revised Findings of Fact, Conclusions of Law: AZ 15 -012 Village Apartments by DevCo Located 2700 N. Eagle Road Request: Annexation and Zoning of 0.38 of an Acre of Land with a C-G Zoning District G. Revised Findings of Fact, Conclusions of Law: CUP 15-019 Village Apartments by DevCo Located 2600 N. Eagle Road Request: Conditional Use Permit Approval for a Multi-Family Development Consisting of 336 Dwelling Units on 16.68 acres of Land in a C-G Zoning District H. Revised Findings of Fact, Conclusions of Law: Village Apartments MDA 15-011 by DevCo Located 2600 N. Eagle Road Request: Modification to the Development Agreement to Include a Conceptual Development Plan for the Property and to Remove the Requirement for Detailed Conditional Use Permit Approval of Future Uses I. Findings of Fact, Conclusions of Law for Impresa Park Subdivision (H-2015-0042) by Rodhouse Capital, LLC Located South Side of W. Franklin Road, Approximately 1/4 Mile West of S. Meridian Road Request: Short Plat Approval Consisting of Four (4) Building Lots on 1.22 Acres of Land in a L-O Zoning District Meridian City Council February 2, 2016 Page 4 of 40 J. Findings of Fact, Conclusions of Law for Primary Health Clinic (H-2015-0045) by Matthew Witt, Rocky Mountain Companies Located 1648 & 1624 N.W. 1st Street Request: Modification to the Development Agreement to Update the Conceptual Development Plan for the Western Portion of the Site K. Approval of Change Order No 2 to Task Order 10492.a to KELLER ASSOCIATES for the “ WELL 27 WATER TREATMENT FACILITY- CONSTRUCTION SERVICES” project for a Not-To- Exceed amount of $57,100.00 L. First Amendment to Recipient Agreement Between City of Meridian Boys & Girls Clubs of Ada County for Contribution of Funds N. Acceptance Agreements for Display of Artwork in Initial Point Gallery, Meridian City Hall: Idaho PTA Reflections, February 5 to March 4, 2016 Nampa Art Guild, March 4 to April 1, 2016 Joyce Ackerman, April 1 to April 29, 2016 Jessica Tookey, April 1 to April 29, 2016 Treasure Valley Artists Alliance, April 29 to June 3, 2016 Karen Lowery, June 3 to July 1, 2016 Kris Mannion, July 1 to July 29, 2016 Claire Remsberg, July 1 to July 29, 2016 Ian Smith, July 1 to July 29, 2016 Barbara & Dwight Williams, July 29 to September 2, 2016 Karl Henke, September 2 to September 30, 2016 Liz Flores, September 2 to September 30, 2016 Maria Garth, September 2 to September 30, 2016 William Gardoski, October 28 to December 2, 2016 De Weerd: Okay. Item 5 is our Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: As stated prior, D and E, the proposed resolution numbers were 16-1117 and 16- 1118. And 5-M was vacated because of lack of details. And with that I move we approve the agenda -- our Consent Agenda with the Mayor to sign and the Clerk to attest. Borton: Second. Meridian City Council February 2, 2016 Page 5 of 40 De Weerd: I have a motion and a second to approve the Consent Agenda as read. Madam Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, ye a; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 6: Items Moved From the Consent Agenda A. Memorandum of Agreement for Contribution to Meridian Development Corporation for Polling Services Regarding a Multi- Purpose Event Center in an amount not to exceed $8,100.00 De Weerd: Item 6-A was an Item moved from the Consent Agenda. I will turn this over to whom? Nary: Madam Mayor? Oh. De Weerd: Mr. Nary. Nary: Bruce wants to talk about it. De Weerd: Or, Bruce, do you want to give an overview on this or at least stand ready for any questions. Chatterton: Madam Mayor, Council Members, the item you have before you is a memorandum of agreement between the city and the Meridian Development Corporation. The purpose being to establish the relationship on a joint project that's to have a company perform some polling services, the idea being that as we move forward or not with a number of important economy development projects, the idea being from our steering committee, which is, of course, made up of the MDC, the Chamber of Commerce and members of the city, the idea being that there is a desire to know what the electorate wants -- what the citizens of Meridian want in the way of -- is the project acceptable, should we be doing something else, really to test sort of a -- to test -- you know, find a proof of concept about whether or not these catalyst projects are important to -- to the community. So, really, all that's on before you now is that memorandum of agreement between MDC and the city as part of that joint cost sharing for this project. De Weerd: Thank you, Bruce. And I know this was on the agenda before the turnover of the old City Council and now the new City Council and one of our new city councilmen I think had a question, so Mr. Palmer. Meridian City Council February 2, 2016 Page 6 of 40 Palmer: Thank you, Madam Mayor. Bruce, how many -- I remember it was discussed, but can you tell me how many responses we are looking to get with the 8,100 dollar investment? Chatterton: Madam Mayor and Council Member Palmer, I believe it was in the neighborhood of 500. And, in fact, I think a little money was added to get it up to that 500, which would have made it considerably more accurate than the original scope of services would have made it. Palmer: Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Bruce, it's not only MDC and the City of Meridian, we got the Chamber involved and the steering committee or what -- De Weerd: Downtown Business Association. Bird: Downtown Business Association. Thank you, Mayor. It's not just us two. Chatterton: Madam Mayor, Council Member Bird, that's correct. It's a pretty broad based community effort. Bird: Yes. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: I should probably add that I do sit on the steering committee, as well as Chamber staff, but I'm not a voting member of that committee. De Weerd: Thank you. Okay. Any further questions from Council? Thank you, Bruce. Chatterton: Thank you. De Weerd: Okay. Council, I would look to your direction on Item 6-A. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council February 2, 2016 Page 7 of 40 Bird: I move we approve the memorandum of agreement for contribution to Meridian Development Corporation for polling services regarding the multi-purpose event center in the amount not to exceed 8,100 dollars. Cavener: Second. De Weerd: I have a motion and a second to approve Item 6 -A. Any discussion by Council? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: So, I posed a nonscientific question on my Facebook just to see how many responses I would get and it got 35 responses. The city's Facebook page is 3,200 participants on it. I roughly estimate that I have three or four hundred of my Facebook friends live in Meridian. I would guess a much higher percentage of the city's Facebook page participants live in Meridian and so I -- before I would want to approve spending 8,100 dollars to ask the public a question, I would like to see us pose the exact same question on our Facebook page and see if we get a few hundred responses that we are looking for before we spend taxpayer dollars asking them if they want us to really spend their money and so I will be voting no on this, because I would like to see that happen first before we invest this money. De Weerd: Okay. Thank you. Milam: Madam Mayor? De Weerd: I appreciate that and certainly we have had the conversation on other items in terms of polling and the validity of these polls that is being considered here tonight, it is scientific, they -- they do have a certain science to asking the questions. It is random, so it's not -- it's -- it is more scientific in terms of trying to gauge the thoughts of our community and we did do that also in our parks department as we looked at the parks master plan. We got some very good input from the random survey that went out as part of that master planning process and we also did an online poll that did show a younger -- a little bit younger demographic. I'm trying to pull this out of memory, so -- and every year I find that that memory is not always reliable, but it -- it mirrored some of the results, but it also showed that there was a different demographic that wasn't as widespread of a representation that the scientific poll gave us. So, that's just a -- for FYI type of piece of response. Mrs. Milam. Milam: Madam Mayor, I just wanted to kind of respond to your comments, Ty, because I asked the same questions originally. I said, well, we can -- for free we could ask the questions ourselves and the answer that I was given really was that it's not asking a question, there are -- it's very extensive, which is why they only end up with 500 Meridian City Council February 2, 2016 Page 8 of 40 responses, because you're making a lot of phone calls, but it's very -- very intense series of questions that wouldn't really be able to be asked necessarily on Facebook, so -- De Weerd: And not leading and I think that not everyone is on Facebook. Milam: Right. Bird: Amen. De Weerd: Oh, you are, too, Mr. Bird. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: And I don't doubt the -- the -- I guess efficiency of having a scientific survey done, you know, it's something that we -- we ask the private sector to weigh in on and there wasn't any response and so, you know, now we are going to go to the public and ask them if they want us to spend money on something that we essentially plan on it never being profitable, given that the private sector wasn't interested in participating in it. Obviously, you know, we are not going to ask the private sector to build a giant park, because there is no business in that, whereas this has a potential to be a business and there is an understanding that it's not going to make money and so I think this money could be better spent on the project itself , if we are to build it, and that we would have anyone interested and weighing in on it at a public hearing about whether to -- to spend money on doing it than -- I mean they look at us to -- to make those decisions and, you know, I feel if we always spend to go ask everybody on every little thing, we are getting a lot of people asking us, hey, I have got a project, can you spend some money to ask -- ask the people if they want to do my project. So, I just would as soon save the money and let the people tell us if it's something they are interested and come to us, we don't have to go to them -- spending money to go to them, I guess. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Councilman Palmer, I don't disagree with you. I hate polling, too, and I hate spending any money that we -- that we don't need to spend. But this -- this isn't -- and I would be the first one to not vote for anything that -- putting -- developing this with public money, but I think we have went to the point that we need to get out to the citizens and see if they are receptive to something like this, something like Nampa has got their civic center -- and I kind of picture us doing something the way they developed theirs and most of that was private money that come in to do it, groups that -- so, I think -- I think that we are spending some money wisely this time to find out whether we go -- whether we look ahead or whether we wipe it off and you can -- you can put out polls and stuff and as the Mayor said, I think the online polling on the parks, there was only one or two items that Meridian City Council February 2, 2016 Page 9 of 40 weren't identical what we got from the telephone calls. Anyway, that's my view on it. I would be voting yes. De Weerd: Okay. Any further discussion? Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, nay; Little Roberts, yea. De Weerd: Motion carries with the majority in favor. MOTION CARRIED: FIVE AYES. ONE NAY. Item 7: Department Reports A. Mayor's Office: Mayor's Youth Advisory Council (MYAC) Update De Weerd: Item 7-A is under the Mayor's Youth Advisory Council. We have our monthly update and we have Suzanna here. Thank you for joining us. Bradford: Madam Mayor, Members of the Council, my name is Suzanna Bradford and I am the Rocky Mountain representative for the Mayor's Youth Advisory Council and I will be giving our update for the month of January. Our first general meeting on January 11th we had Ron Kern come to give a motivational speech to the members about how he created his own destiny and his own wealth to inspire kids. Our legislative breakfast was led by the government affairs subcommittee and we hosted six legislators and council members and we shared the message of primary seatbelt enforcement for Idaho's minors and we introduced Do The Right movement. Senator Chuck Winder said he would support this bill and to talk about this the government affairs chair Cheyenne Colter is here to discuss. Colter: Hello, Council Members. De Weerd: Good evening. Colter: My name is Cheyenne Colter and I am the government affairs chair for the Mayor's Youth Advisory Council and, wow, we have had a busy year. First of all, what we did is a legislative breakfast, like Suzanna just said. What we wanted to do here was invite legislators from Idaho to come and hear about our bill or our legislation that we are proposing and what -- this is a primary seatbelt pilot program that we would like to implement into Idaho and, first of all, why we would like to do it is to save lives and instill healthy habits in not just Meridian teens, but in teens all over Idaho. That way when they get older the generations are safer, we are saving money for our community and we are saving lives. So, you guys all have a white paper with you that gives more details about this proposed legislation. The main picture of it, though, is that it will be a pilot program, meaning that it will only be in Idaho if it passes for three years and in that time it is where people who are under the under age 18, so 17 and under, will be -- will have to abide by Meridian City Council February 2, 2016 Page 10 of 40 this primary seatbelt law, which means if a police officer sees a person driving without their seatbelt they can pull them over and if they are 17 and under they will get, first of all, a warning the first year and, then, the second two years they will get citations and this is just to help instill habits that save lives, saves money, and makes a safer community. So, today what we are -- what the government affairs is asking is that the Council Members and Madam Mayor passes a resolution to support this proposed legislation. De Weerd: Thank you, Cheyenne. And to note that the Association of Idaho Cities board is in support of this and will be standing up in support of this -- this piece of legislation. Senator Winder will be carrying it and they also presented in front of the legislative committee at the AIC and received a number -- almost overwhelming number of cities stepped up and are taking this form of action as well. Thank you, Cheyenne. Bradford: Next we had a general meeting on January 25th and our group split into two separate groups where the first was trained by the American Heart Association for hands only CPR and the second prepared for Youth Lobby Day, which is this coming Thursday. Then last Friday we had a Teen Activities Committee activity and we went roller skating at the Nampa Roller Drome. There were 25 m embers in attendance and they could also bring a non-MYAC guest with them and this was a good opportunity for the kids to have a safe place to hang out with Ken and Officer Gomez and spend time with each other. Yesterday we had a Dutch Bros CPR day, where we teamed with the American Heart Association to spread the word about hands only CPR at the local Dutch Bros station. We trained 1,028 people on hands only CPR, which is a new record from last year. This is a really fun activity. I got to go yesterday and I got to miss school and hang out with my friends all day and it was super fun to talk to people and let them know what we were teaching. And I will now stand for questions. De Weerd: Thank you. Counsel, any questions? Bird: I have none. De Weerd: Okay. Mr. Cavener. Cavener: Madam Mayor. Suzanna, thanks for the update. I appreciate that. I love hearing from you guys each month. Can you maybe give us a snapshot as to what your plans are for the rest of the year? I know that we are in the second semester, but I would just like to get an update, maybe a snapshot as to where you guys are headed this year. Bradford: Madam Mayor and Council Member Cavener, we have coming up -- this month we have Ignite Youth and so we can have that activity that we have done multiple years in the past and we have the executive council is preparing to go to National League of Cities in Washington DC in about a month and, then, we have our annual Ball at the Hall in May that we will be getting ready for and start making preparations. Cavener: Madam Mayor, follow up? Suzanna, do you kno w how many students are going to National Youth Cities this year? Meridian City Council February 2, 2016 Page 11 of 40 Bradford: Madam Mayor and Member -- Council Member Cavener, I believe there is 13 -- or 11 students and two chaperones I believe. Cavener: Great. And one more question if I may, Madam Mayor. De Weerd: As long as it's how are you fundraising for it. Cavener: It's like you're reading my mind. De Weerd: Oh. Bradford: Madam Mayor and Council Member Cavener, we are -- the executive council members are going to local businesses to ask for 500 dollar fund -- like promotions, kind of, to -- that will go to help pay for us to get there and they will get -- in return we will mention their name on a social media and they will get tickets to Ball at the Hall and they will be recognized there and -- while we are at NLC. Cavener: Great. De Weerd: They will have their logos on their T -shirts at NLC. They have ten mentions by the students they are sponsoring in their social media. They will also be part of an overall video that we are going to have fun with where the students and myself will be frequenting the business, whoever is the sponsor, and we are going to pull together a video story, so we can highlight all of our sponsors and their support of our youth in our community. It's for a fun way. Cavener: That's great. Great. One more question if I may, Madam Mayor? De Weerd: Uh-huh. Cavener: What -- do you know the date yet for Ball at the Hall? Bradford: I just heard it the other day. May 14th is it? Yeah. Cavener: Nice job. I saw the nod from Ken. So, you knocked it out of the park. Bradford: Thank you. Cavener: Great. De Weerd: Okay. Any other questions? Cavener: Thank you, Cheyenne, too. I appreciate the update. Palmer: Madam Mayor? Meridian City Council February 2, 2016 Page 12 of 40 De Weerd: Yes, Mr. Palmer. Palmer: I have a question about your legislation. Have you -- do you have draft legislation ready for it? And you may have said that. Colter: We actually do have a draft that just got -- that just got given to Chuck Winder and so it -- actually, our -- the Meridian legal team is working on it right now. So, by the end of the week Chuck Winder will have that and his team will, then, take it from there. Palmer: So, they anticipate having a print hearing at least on it here this year? De Weerd: It will be RS'd and, yes, that is the -- the goal. Palmer: Cool. That's all. Thank you. Bradford: Thank you. De Weerd: So, anything further for Suzanna or Cheyenne? Cavener: Great update. Bradford: Thank you so much. De Weerd: We appreciate you being here. B. Meridian Arts Commission: Art Gift Donation - "Bounty" by Richard Herdegen De Weerd: Okay. Item 7-B is under our Arts Commission. I believe I saw Hillary. Oh, yes. She's bringing a prop. Now that we have seen it now you can turn it and show our citizens, which is probably even more important. Bodnar: I would have carried it, but it's 60 pounds, so we don't want to test my strength with something that's offered to be given to us. So, I'm in front of you today to stand for any questions regarding this art gift donation by Richard, who created this beautiful mosaic. He essentially contacted I believe it was the Mayor's Office first. He talked to Peggy up there and asked if we would be interested in accepting a gift of art and we asked if he would want it to be loaned to us or if he would actually want to gift it to us and for us to hold in perpetuity and he was really content for us to just have it and has been really -- really great to work with. He's a super nice man. He had donated another -- I think it's about 20 feet long, a larger piece to St. Luke's, the children's hospital, a few years back and that's more of a piece that's meant for the kids to be able to touch and interact with and while you can still touch this one, it's probably not best to let people be playing with it all the time. He said it's a little more delicate. Yeah. It weighs about 60 pounds and it looks really, really good in the sunlight. I wish we met when it was still Meridian City Council February 2, 2016 Page 13 of 40 bright out, but he put it -- everything on -- essentially it's like a mirrored background, so it catches light really well and it's really fun to look at and it's something else that we -- it's not like anything else that we have in the city at the moment, so we thought it was a good opportunity and we would like to be able to see it up somewhere in City Hall. De Weerd: Thank you, Hillary. And I know we are trying to find the right location for it right now. Did he have any story behind it? Bodnar: No. Not that he shared with me, no. But I would actually really like to be able to invite him back once we have it hung. He had brain surgery last Friday and has another follow-up surgery this week. He has Parkinson's Disease. So, maybe another two weeks from now if we could get it hung and have him come and at least watch it be hung and, then, you can recognize him in some way, I think that would be really special. De Weerd: That would be special and we would look forward to meeting him and thanking him for this lovely gift to the city and our citizens. Bodnar: Right. I will reach out to him. De Weerd: Council, any questions? Milam: Do we need a motion or -- De Weerd: No. I think there is -- there is no agreement or anything, because -- Bird: Madam Mayor, there is -- De Weerd: Oh, is there? Okay. Okay. You can't talk like that back and forth. Milam: Madam Mayor? De Weerd: I just wanted to -- Milam: I move that we approve the art gift agreement and accept the gift donation Bounty by Richard Herdegen. Bird: Second. De Weerd: I have a motion and a second to approve this art donation and have the Mayor to sign and Clerk attest. Okay. Any discussion from Council. Madam Clerk. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Meridian City Council February 2, 2016 Page 14 of 40 MOTION CARRIED: ALL AYES. De Weerd: Thank you, Hillary. Milam: I can't wait to see it up. Item 8: Action Items A. Public Hearing for Birkdale Estates Subdivision (H-2015-0021) by EGC Development, LLC Located Northeast Corner of N. Meridian Road and E. Chinden Boulevard 1. Request: Annexation and Zoning of 10.06 Acres of Land with an R-2 Zoning District 2. Request: Preliminary Plat Approval Consisting of Nineteen (19) Building Lots and Four (4) Common Lots on 10.06 Acres of Land in a Proposed R-2 Zoning District De Weerd: Okay. We are at our Action Items, so we will move into Item 8-A, which is a public hearing for H-2015-0021. I will open these -- this public hearing with staff comments. Beach: Madam Mayor, Council Members. This application before you is Birkdale Estates Subdivision. They are applying for annexation and zoning, as well as a preliminary plat. The site consists of 10.06 acres -- get here to the plat. Zoned L-O. Located near the southeast corner of North Meridian and East Chinden Boulevard. History of the previous action. The subject property was platted as part of the Blythe Estates Subdivision in Ada County. Let me back up. Currently this is zoned RUT, just to clarify. It's not L-O. There is a typographical error there. It's in the county currently. The Comprehensive Plan future land use map designation for the property is medium density residentia l. The applicant has submitted an application for annexation and zoning of 10.06 acres of land with a proposed R-2 zoning designation. A preliminary plat is also proposed consisting of 15 single family residential building lots and five common lots on the same acreage for the Birkdale Estates Subdivision. Legal description submitted with the application shows the boundaries of the property proposed to be annexed and zoned. The property is contiguous to land that has been annexed into the city and is in the area of city impact boundary. Because this is a low density development staff is not recommending a development agreement with the annexation of this specific property. The proposed plat, as I said, consists of 15 single family residential lots, five common lots. A proposed R-2 zoning district. The average lot size is 21,893 square feet. The applicant has requested a step down in density, which is allowed by the future land use map from a medium density to low density. The proposed gross density of the subdivision is 1.49 dwelling units per acre, which is consistent with both a step down in density and the proposed R-2 zoning district. Staff has reviewed the proposed plat for compliance with the dimensional Meridian City Council February 2, 2016 Page 15 of 40 standards listed in the UDC and found th e plat in compliance with those standards and the minimum lot size for a single family detached dwelling in the R -2 zoning district is 12,000 square feet, with 80 feet of frontage. The plat as submitted complies with the dimension standards of the UDC, with a proposed minimum home size. The UDC -- excuse me -- defines a minimum home size of 1,500 square feet. Access to the site is from Elk Ranch Lane, which is a private street, which leads you out to Chinden Boulevard as well from two existing stub streets. One Hacienda Subdivision to the west and one Saguaro Canyon Subdivision to the south. Access to East Chinden Boulevard via the private Elk Ranch Lane is prohibited in accord with the UDC easement that provides direct access to Chinden Boulevard must be relinquished prior to signature on the final plat. At this time there is an existing six foot vinyl -- six foot tall privacy fence along the south and a portion of the west boundary of the proposed development. The applicant shall provide a six foot tall privacy fence along the entire boundary of the subdivision to meet the requirements of the UDC. The application originally proposed 6.6 percent open space or .67 acres, with the understanding that staff was presenting a proposal to reduce the amount of open space required for subdivisions. This proposed text amendment was not approved by Council, so the proposed open space for this subdivision does not currently meet the city's requirements. Additional open space will need to be provided to meet current code. This increase in open space will not result in a substantial change as is defined by our city code, so a new application will not need to be submitted. Amenities for the development include a pool -- go to the landscape plan here. A pool down here in the lower left here. A barbecue area and a micropath connection to the east as you can see there. The North Slough runs across the site and will be tiled as part of -- part of the development. No structures, other than fences, may be built within the easement without approval from the easement holder. A license agreement should be obtained from the Settlers Irrigation District for the loss of encroaches within the easement area. The applicant has submitted conceptual building elevations for the future homes. Building materials are proposed to consist of architectural -- architectural shingles and stone columns or wainscot. Staff is in favor of the proposed elevations with their associated architectural features and the applicant should construct homes within the development that substantially comply with the submitted elevations as proposed. The Commission did recommend approval with conditions. A summary of the Commission public hearing. None -- there were no comments in favor. Tom Riekea was in opposition. Commenting on that were Pat Tealey, the applicant Bill Fremgen and Vince Murphy. There was no written testimony received. I was the presenting staff member for the application. There was no other staff commenting on the application. Some key issues of discussion by the Commission were the proposed open space and site amenities for this proposed subdivision. General traffic and construction traffic through the established subdivisions to the west and south of the proposed subdivision during the construction period. The road layout changing to meet the block length requirement of the UDC. Key Commission changes to staff recommendations were removal of Condition 1.1.1B referencing the length of the cul-de- sac, which is -- has been removed to the north. Removal of Condition 1.1.1C referencing the micropath that was to be constructed from the now removed north cul-de-sac. Modify condition of approval 1.1.2I to remove Lot 8, Block 3, which was the previously proposed micropath and add a site condition -- specific condition that requires the applicant to construct homes consistent with the proposed elevations. There were no outstanding Meridian City Council February 2, 2016 Page 16 of 40 issues for Council and we received no written testimony since the Commission hearing. Staff will stand for any questions you have on the application. De Weerd: Thank you. Council, any questions at this time? Okay. Is the applicant here? Good evening, Pat. Tealey: Good evening. De Weerd: If you will, please, state your name and address for the record. Tealey: Madam Mayor, Members of the Council, my name is Pat Tealey. Office address 12594 Explorer in Boise and I'm here to represent the applicant EGC Construction. There is the applicant's representative in the -- in the crowd if you -- if I have questions I couldn't answer or you may have for him. We originally submitted this subdivision to the City of Meridian in response to the Bull Run Subdivision, which is to our -- to the east. In other words, our configuration was different. We didn't agree with -- with the way they had their roads laid out, because on the south there that would have provided about three-quarters of a mile straight shot from their subdivision out to Meridian Road. So, we always did have the idea that we should cul-de-sac that south road. Once -- I believe there was action taken on Bull Run, it was turned down, so we went back and modified our subdivision to the -- or our original layout. We are aware that -- that I just made -- I just found out tonight about the open space requirement. We can respond to that fairly easily in the subdivision once we talk it over with the -- the owners. The Elk Ranch Road, which dead ends into the northeast corner of the subdivision will be vacated. It was a private road that supplied access to the older lots in Blythe Estates. We do have approval from the North Slough for the piping and our pressurized irrigation and as soon as we get approval we would like to get that started as soon as possible. Rather than go over what the staff has already told you, I would be glad to answer questions. De Weerd: Thank you. Council, any questions for applicant? Bird: I have none. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Pat, I really just have a comment. So, we rarely see it -- well, in the last couple years a step down application. A lot of times everybody wants more density and I find this somewhat refreshing. Tealey: Madam Mayor, Council Member, they did -- we saw Bull Run happening next to us and we were going -- you know, this -- this isn't what we want. We did a lot of market research, actually. All the lots are sold. There is actually a group of people that got together and are developing this subdivision to live together almost. Quite a few of the lots anyway. So, appreciate your comment. Meridian City Council February 2, 2016 Page 17 of 40 De Weerd: Thank you. Tealey: Thank you. De Weerd: I have several people signed up on the public hearing sheet. If when I read your name if you would like to provide testimony at that time, I would invite you forward. Connie Johnston signed up for. Michael Rich signed up for. And Kyle Enzler signed up for. Please. Good evening. Thank you for joining us. If you will, please, state your name and address for the record. Enzler: Kyle Enzler at 5679 Pinery Canyon. De Weerd: Thank you. Enzler: Which is in Saguaro Canyon just -- just next to -- I appreciate you letting me say something. I -- I was looking at the scouts here thinking, boy, I need to come to these more often. Last time I remember coming to these was when I was a scout. But I have owned -- I have a lot in Saguaro Canyon and I own the house there and lived there for quite a few years and I'm -- yeah, I'm just excited, because I think that the type of neighborhood that this is is going to add to the value of the surrounding neighborhoods. We have a lot of those nicer neighborhoods across Chinden in Castlebury and Sugarbury and those areas, but it kind of seems a little bit far. So, it's not too much, but I'm just excited about what it can do for -- for our neighborhood in Saguaro. So, thank you for our time. De Weerd: Thank you. And welcome back. I know it's only been a couple years, but -- this is a public hearing. Is there anyone who would like to provide testimony on this item? Okay. Any further comment from the applicant? Okay. Council, any questions for staff or the applicant? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Quick for staff. Can you just give me some clarification on how often we see private drives connecting to major roads like Chinden? Beach: There are a few. I mean this is a plat in the county, so it's been there for quite a while, that Elk Ranch Lane. That's how they got access. May have been a farm road at one time. Cavener: I know the -- Madam Mayor, follow up? I recognize we see this a lot in the county, I just wasn't aware of times that we have had a property annex into the city where something like this has happened. Meridian City Council February 2, 2016 Page 18 of 40 Beach: This -- Council Member Cavener, this specific situation -- both this property -- this 10.06 acres and the Bull Ranch that was denied back in December, both have rights to access that private road and so we would need both of them, technically, to relinquish that in order for that to go away completely and that's what we are hoping to get from Bull Ranch as soon as that applicant comes back in and -- Cavener: Thank you. Beach: So -- you're welcome. De Weerd: Okay. Anything further from Council. If not, I would entertain a motion to close the public hearing. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we close the public hearing on H-2015-0021. Bird: Second. De Weerd: I have a motion and a second to close the public hearing on Item 9-A -- 8-A. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Do we need to discuss the issue with the open space requirement not being met? I -- uh? Oh, on the second one? All right. Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve the annexation and zoning H-2015-0021 with all staff and applicant comments. And public testimony. We did have some. Bird: Second. De Weerd: I have a motion and a second to approve Item 8-A for annexation and zoning. Any discussion from Council? Madam Clerk. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. Meridian City Council February 2, 2016 Page 19 of 40 De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Okay. Is there a motion on item for the prelim plat? Or any questions for staff? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: The subject of the -- the open space not meeting the requirements, do I make a motion before we discuss that or after? I personally don't have an issue if -- I think their site amenities are more than requirement and being that the lots are double almost what they need to be, I don't have a problem with a reduced open space requirement on this particular application. So, I could just make a motion with that. Madam Mayor? De Weerd: Mrs. Milam. Milam: I'd move that we -- Nary: Well, Madam Mayor, Members of the Council, I was going to say -- you can't waive the code requirements. Milam: Oh, you can't waive the -- Nary: You can't waive the code requirements. So, the code -- they have to match the code requirement that currently exists today. There is no means to waive that. So, that's what they are saying. But what Josh stated was that even meeting that it won't be a substantial change to the plat. So, the preliminary plat won't be exactly the same, if it comes back for final plat, but it will be substantially the same even with the minor change. Milam: Okay. Try this again. De Weerd: Mrs. Milam. Milam: I move that we approve the preliminary plat H-2015-0021 with all staff, applicant, and public testimony. Bird: Second. De Weerd: I have a motion and a second to approve Item 9 -- or 8-A -- I keep wanting to say nine. I'm moving this too fast. To approve the preliminary plat. Any discussion from Council? Madam Clerk. Meridian City Council February 2, 2016 Page 20 of 40 Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Public Hearing for Citadel Storage at Amity (H-2015-0031) by Citadel Storage, LLC Located Southeast Corner of E. Amity and N. Meridian Road 1. Request: Annexation and Zoning of 15.84 Acres of Land with an I-L Zoning District De Weerd: Item 8-B under a public hearing for H-2015-0031. I will open the public hearing with staff comments. Beach: Very good. Madam Mayor, Council Members, this is the -- an application for Citadel Storage at Amity, which is an application for annexation. The site of the property -- the subject property is located at 4940 South Meridian Road. It consists of 17.55 acres of agricultural land, which is currently zoned RUT in Ada County. There is no history on the specific parcel, other than it used to be a gravel mine of some sort in the past. The Comprehensive Plan future land use map designation for this site is mixed use nonresidential. The applicant has submitted an application for annexation and zoning of, as I said, 17.55 acres of land, which -- in the proposed I-L or light industrial zoning district for the Citadel Storage. Access to the site is provided from -- via West Amity Road and no direct access to South Meridian Road is permitted. The applicant is requesting some emergency access to Meridian Road as you see here with my pointer. A 35 foot wide street buffer is required along South Meridian Road and a 25 foot landscape buffer is required along East Amity Road. Both landscape buffers are required to be landscaped in accordance with the UDC. The rendering provided by the applicant shows a substantial amount of gravel between the property line -- get that up here for you. And the unimproved right of way along both South Meridian Road and East Amity Road. Conceptual elevations provided by the applicant show a large gravel shoulder and does not meet the current requirements of the UDC. The city's pathways master plan indicates a multi-use pathway crossing the subject property within the pipeline easement and there is a pipeline easement you can see here on the phase one that -- that's the Williams Natural Gas Pipeline that passes through this corner of the property. The developer shall provide a ten foot wide sidewalk pathway across the Amity Road frontage to the intersection with Meridian Road. A public pedestrian pathway easement shall be provided and the pathway should be detached from the future curb and have landscape between the curb and the pathway. Staff has required the applicant to provide all of the frontage improvements consisting of phase one as you see here and phase three, with the exception of phase two, with the understanding that there will be some future utility work going on in this area, so it did make sense to have them install that, rip that back up, and then, reinstall that. That was a Commission recommendation -- or altered condition. A Meridian City Council February 2, 2016 Page 21 of 40 CZC application is required to be submitted prior issuance of building permits. The applicant is required to obtain approval of a design review application for the proposed structure and, then, site design for the self-service storage facility. The application may be submitted concurrently with the CZC application and the applicant must comply with the design standards listed in the UDC and the guidelines contained in the Meridian design manual. A minimum of five foot wide detached sidewalk is required around all buildings, as well as those serving public streets. To insure the site develops as proposed staff recommends a DA to require future development to substantially comply with the proposed site plan and building elevations. The Commission did recommend approval with conditions. Summary of the Commission public hearing. The applicant Dave Yorgason was in favor. There was none voiced in opposition. Dave Yorgason commented on the application. We did receive a -- a written testimony from Dave Yorgason. I presented the application. Bill Parsons was another staff member who commented. Key issues of discussion by the Commission were the timing of the annexation and whether or not it was appropriate to a nnex the property at this current time. Timing for the completion of the south Meridian annexation. Location of the emergency access onto South Meridian Road. Phasing of the site plan and landscape improvements for the proposed development. Traffic impact of a development of this size and type. Location of the access to Amity Road and its relation to Meridian Road. Timing of utilities to service the property. Building materials to be used for the proposed development. Overall architectural design and design of the project. Some key Commission changes to the staff recommendations were modify Condition 1.1.1C referencing the 20 foot wide driveway and five foot wide pathway along the east boundary of the property. Then modify Condition 1.1.1F to requi re all frontage improvements with the development -- just to limit that to the first and third and not the second. Modify Condition 1.1.1I regarding development of the site and the availability to utility connections. Modify Condition 2.2.2 regarding utilities on the property. We did not receive any written testimony since the Commission hearing and staff will stand for any questions you have. De Weerd: Thank you, Josh. Council, any questions? Bird: I have none. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Josh, I notice there are a few places in our packet that talk about the -- the sewer will be completed by December 2017. Is that guaranteed -- and are we doing anything that binds us to make sure that we have these utilities up and ready by this date? Beach: I believe Clint may have some better knowledge on it. Dolsby: Madam Mayor, Members of the Council, Council Member Milam, yes, we have made a commitment as part of the south Meridian annexation that was I believe just Meridian City Council February 2, 2016 Page 22 of 40 executed as of a couple of days or about a week ago. So, we have two years from the date of that execution to have this particular sewer constructed. Milam: Thank you. Dolsby: That's why it's stated that way. Milam: Thank you. De Weerd: Okay. Any other questions? Okay. Would the applicant like to make comment? Good evening. If you will, please, state your name and address for the record. Yorgason: Good evening. My name is Dave Yorgason. I'm here representing the applicant. My address for the record is 14254 West Battenburg Drive in Boise, Idaho. De Weerd: Thank you. Yorgason: And I want to thank you. Good to be here tonight. And thank staff for your presentation and comment as well. Before I dive into a short presentation I just want to maybe highlight just a few comments that were made by staff and maybe address a couple questions that were shared here as well. First of all, in the staff report, just for clarification, there was not an ACHD staff report. It was submitted after the time of the P&Z hearing, but prior to tonight and so it has been submitted, finalized, we agree with all the comments, there are no concerns. It has been finalized just for the record. There is no concerns there. Secondly, the staff identified the gravel shoulder along the frontages. We do anticipate -- that just an illustration rendering. We will comply with the UDC code landscape requirements. That has actually more dirt than gravel. That was just more illustrating existing site. But we will comply with the code there. I will touch on the frontage improvements a little bit later. I will address the sewer now. We are planning on working with the city. We actually are providing a sewer easement through the site to enable that sewer line to come through the site and we have actually made some adjustments to our phasing plan, I will show you here shortly on our presentation , to accommodate and work with the city there. And, lastly, just a point of clarification. As staff identified, the five foot sidewalk around the buildings -- our understanding is that's the office building, not all of the storage buildings. So, I don't think that would make any sense to have a five foot sidewalk around all the storage buildings on this entire site. So, just making sure we are all clear that's what it's for and -- De Weerd: Well, I think that would be really good, Dave. Yorgason: I'm sure, Mayor Tammy, you would like that. I'm sure the site wouldn't be developed with that as a condition. Real quickly go through a few items then, just not to reiterate all the points that were made, just more of a support with staff and touch on one of the points. The site is now contiguous based on all the development agreements that were just approved last week by City Council, adjacent to all the large area that's been annexed in the southeast part of the site. We are compatible with the city comp plan. Meridian City Council February 2, 2016 Page 23 of 40 This is a nonresidential area. We are requesting a nonresidential zone of industrial -- light industrial and this use is consistent with the I-L zone. This is all very compatible with the comp plan. We have worked closely with staff of Public Works, with planning staff, and other agencies to try to make sure we have understood all the issues and made adjustments. As I have mentioned, we have modified our phasing plan to accommodate the needs of the future sewer line to the area. We are providing a sewer easement to the area. We will be providing a -- we will actually be installing the water line to the future water tank for the city from Amity to the -- which the city owns property on our south boundary, so we are enabling all these things to try to accommodate the future growth of that area. This is an aerial photo of the site, just to kind of show a quick illustration. The access will be off of the -- Amity, as identified, which is in this -- I don't know if I touch this or not -- I'm kind of afraid to do that. But anyway -- is that okay to touch this? Beach: Pick a color on the top first. Yorgason: Which color? De Weerd: Whatever color. Yorgason: Oh, that one right there. Okay. Thank you. So, that's the main entrance to the site. Amity. And the western two-thirds of the site are the storage building, as a typical storage facility would be. The eastern third are the covered and the uncovered parking, as well as a few storage buildings -- again, this is to accommodate the sewer easement, as well as the gas line easement to that area. This is the location of the secondary -- actually it's just an emergency vehicle access only and it's in the exact location of the existing access to the site that was used for that sand and gravel operation. We are not adding an access, it's reutilizing the existing accesses there. Okay. This is the phase plan -- the phasing plan and -- was identified before. The northwest corner of the property is where phase one is. Originally we had the entire frontage of Amity in phase one. We have pulled that back in order to enable that sewer line to go through and -- in the spirit of green for sewer, the sewer line runs in this area through here and we will jog it over here. The water line -- I'm not going to get too much more cute than that -- is adjacent to phases one and two. And that is, again, all planned and coordinated with staff and all soon to be resolved there. We are requesting approval tonight with one change to the condition of approval. It's not because we don't want to put the improvements in along the frontage, but it's due to the timing and a challenge with the timing of when the -- there is a whole process that goes on and I will just kind of explain that to you now. So, this illustration shows that same 3D rendering we pulled together, but if you drop yourself into the intersection and look back at the site you can look back and notice that the buildings -- this is how it will look when it's all fully built out. So, you have all the landscaping, the ten foot wide multi-use pathway on Amity, as well as on Meridian Road and, then, as you notice there is actually quite a bit of topography change for the site. From this intersection you look up towards Meridian Road and as you look down Amity you go downhill. So, there is actually quite a bit of topography change and, then, it gets even more dramatic on the southern portion of the site along the frontage of Meridian Road and I will show it here. This is an illustration -- if you now take yourself about halfway down the site and look Meridian City Council February 2, 2016 Page 24 of 40 directly at our property, the southern part of the frontage, the amount of mass material there is so substantial that once the buildings are in you won't see them. You will see some landscaping, but that's it. So, there is quite a bit of mass there and you won't see the buildings. Another illustration for you here. It's kind of a bird's eye view, top down look here. There is the emergency access coming in and, then, everything to the south of it where the topography challenges are and if you l ook -- zoom in kind of close you will notice that the buildings are actually built into the hillside, if you will. One more illustration. This is a side profile. So, the left-hand side of the page is Meridian Road. The right-hand side is a building. And you can see the buildings there. The blue X's all the material that actually has to come out and, then, placed back in. This is in order -- the building of the landscaping and so forth. So, just like you build your home or you build an office building, the home gets built first and in this instance the grading kind of has to happen -- part of it comes out, then, the buildings go in, the material goes back in -- the grade has to go back in and, then, the landscaping and the sidewalk can go in, which is why the challenge of trying to put all the improvements in now is really problematic, it's really quite a hardship. So, we are asking a change in the Condition 1.1.1F where, again, there is a significant grade challenge. The buildings have to go in first and, then, the landscaping follows as I mentioned. It's a pretty big hardship if we had to put in -- and massive cost of putting in landscaping, sidewalk, retaining walls and, then, rip them out and modify and, then, put them back in later. So, we are asking that we follow the phasing plan of the development. So, the specific alternative language we are asking for is all landscape and frontage improvements associated with the site, including landscape buffers and a ten foot wide easement multi-path use pathway shall be constructed with the corresponding construction phase of the development. So, again, we are not trying to get out of it, it's already been fully acknowledged -- in fact, it was acknowledged by staff in the Commission -- clearly it doesn't work for phase two, because the sewer line utility work is going in there. It's the same kind of a challenge for the balance of the frontage for phase three, where we have just mass grading and other improvements that just -- you have to go put the buildings in first and, then, the short retaining wall against it, then, the material comes back in before that pathway and landscaping can go in. So, with that we request your approval tonight with -- sorry. Don't know what I just did. Request your approval tonight with the development -- with the one change to the condition of approval as I outlined for you and stand for any questions you have. De Weerd: Thank you. Council, any questions? Bird: I have none. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Dave, can you go to slide two real quick? Yorgason: If Josh could help me out here. Meridian City Council February 2, 2016 Page 25 of 40 Borton: Somebody go to slide two. Yorgason: Is that the one or is it the one before? Borton: This is the one. The issue was discussed in a different matter with regard to the emergency access on Meridian Road. Was it part of the discussion trying to address individuals perhaps towing a trailer who might turn in heading north on Meridian Road, turn in, realize it's an emergency access, will they be able to utilize it? Yorgason: They will not -- Madam Mayor and Council Member Borton, they will not be able to use it. Borton: And if not how do they get back to Meridian Road safely? Yorgason: Madam Mayor and Councilman Borton, I know it has been in place in one other instance already -- and this is going to be very similar here, too. So, there will be a gate. It will be, you know, fenced very clearly, no access right there as you're approaching. You can't go all the way in and, then, figure it out and get confused. The Citadel One was built on Chinden -- Borton: Uh-huh. Yorgason: -- state highway. Very similar in this instance here. Had main access actually on a side street, a local street in that instance -- a collector road I think it was. And, then, the emergency vehicle access was on Chinden for Citadel One. And so the gate was there right at the -- visible, but it's right there on the -- on the approach as you're coming up Chinden, so you won't be able to turn in, you just -- now, I don't know if you're asking for a sign or something to kind of add to it, but they just do it, because they can see it's blocked off, you can't get in. Borton: Okay. I presume the discussion had occurred. I was curious to hear that. Yorgason: Hope that helps. Borton: Yeah. It does. Yorgason: Sure. Borton: Thanks. De W eerd: Thank you. Milam: Madam Mayor? De Weerd: Mrs. Milam. Meridian City Council February 2, 2016 Page 26 of 40 Milam: Dave, maybe you told us, but with regard to the pathways and the -- you want him to do it with each phase. What is your time frame for your phasing to completion of the project? Yorgason: Sure. Madam Mayor and Council Member Milam, the plan is is phase one will start right away. Phase two is we are waiting for the sewer, which is our understanding will be before the end of 2017. So, maybe there is a little bit of extended through the winter, so call it two years from now is our plan for phase two and, then, it's about two years after that for phase three. One of the things I have noticed, Council Member Milam, is I think about sidewalks what the needs are for them -- we understand the needs along Amity. There is an elementary school a little further down there, but this is, actually, a nonresidential area. There is just not a lot of high pedestrian traffic. There is really nothing to the south of this area and so -- some day there will be, but -- Milam: Sure. Yorgason: -- pretty much all that development has to wait for the sewer trunk line to get there as well. And so we think the timing will be still long before when the uses will -- when the needs are there. Milam: Nobody will be walking out there anyway. Yorgason: I don't think there is a lot of people walking about there. Maybe a few bikes that shouldn't belong there, but they do occasionally, but no pedestrians -- there just aren't any houses there today and there really won't be for quite some time. Milam: Okay. Thank you. Yorgason: Sure. De Weerd: Okay. Anything from Council? Okay. Thank you. Yorgason: You're welcome. Thank you. De Weerd: I had one person sign up on the sign-up sheet and if you would like to provide testimony, please, come forward. Gordon Hamilton signed up as neutral. Good evening. Hamilton: Good evening. De Weerd: If you will, please, state your name and address for the record. Hamilton: Gordon Hamilton and I'm here representing Williams Pipeline and our office address is 1301 South Locust Grove. De Weerd: Thank you. Meridian City Council February 2, 2016 Page 27 of 40 Hamilton: I just wanted to be on the record. We are always concerned about any development that starts occurring near our pipeline that could affect the safe operation and maintenance of the pipeline. It was good to -- to hear staff refer to the -- the bike path that's been discussed at various other developments north of I-84 as defined in the charette I think it was called in 2005? Is that co rrect that the master plan was put together for that? And that that's the concept of using our easement for a multi -use bike path has also continued in areas that are west of Meridian Road and north of Amity. So, it's good to hear that mentioned here. I don't know quite how that fits into the long term planning, but with all the annexation that's going there I really wanted to come before you and bring up that -- that item. I would also say I see this as annexation, but -- and maybe I would -- I have a question on -- is it annexation and it's also approval of the actual design? Is that -- is that contained in the annexation and zoning or is there a separate development agreement? De Weerd: Josh, I will ask you to address that. Beach: Sure. This is -- this is, essentially, just annexation to bring the property into the city. The applicant has to come back for what's called a certificate of zoning compliance and design review to actually get the use approved. Hamilton: Okay. Beach: So, essentially, this is bringing the property in with no use on it. Just bringing it into the city's jurisdiction. Hamilton: Okay. Thank you for that clarification. And thank you, Madam Mayor and Members of the City Council, for allowing me to speak. De Weerd: Thank you. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Real quick, because it ties to that question. The question for Mr. Nary. There is a condition -- 1.1.1 that speaks to a development agreement being required as a condition of the annexation. Is that to follow later or how does that tie into that? Nary: Excuse me, Madam Mayor, Members of the Council, Council Member Borton, so part of the condition after this annexation, if this is approved, we would prepare a development agreement with those conditions of -- of what the use is and, then, they would sign that prior to an annexation ordinance being prepared. Borton: Okay. Meridian City Council February 2, 2016 Page 28 of 40 Hood: Madam Mayor? If I may just a little bit further clarification. After that process, once the development agreement is signed and, then, you all approve it as well, the certificate of zoning compliance that Josh references is staff level. So, this is the only anticipated public hearing on -- on this site. That's all staff level, because of the zoning they are asking for would allow this use, as well as some others in the I -L or industrial zone. Just want to clarify that. This is the only public hearing on this property. In vision. Not that -- they may have a conditional use permit or something else, but at this point this would be the only public hearing. Josh: I was also going to mention that if this development agreement was approved tying them to the specific concept plan, they would have to come back to the Council to modify that to change a use or a concept plan to something different, so -- De Weerd: Okay. Anything further? I figure that last piece answered your question. Borton: It did. De Weerd: Okay. Okay. This is a public hearing. Is there anyone else who would like to provide testimony on this item? Well, thank you. Any further word from the applicant? Yorgason: For the record Dave Yorgason. No, I don't really have a lot of comment, I would just make myself available for any questions. But I did want to address specific to one comment that was made by Mr. Hamilton and that was regarding their concern for the pipeline. The easement is there and so -- so we are, you know, preserving -- protecting their -- the pipeline through that easement and through the condition that is stated in the development agreement to insure that it is protected. So, I think that issue is resolved. De Weerd: Okay. Thank you. Yorgason: You're welcome. Thank you. De Weerd: Okay. Council, is there any further information needed on this item? If not I would entertain a motion. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public hearing on H-2015-0031. Borton: Second. De Weerd: I have a motion and a second to close the public hearing on this item. 8 -B. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Meridian City Council February 2, 2016 Page 29 of 40 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve H-2015-0031 and to include all staff, applicant, and public testimony and to -- on item 1.1.1F to go with the proposal by the applicant. Cavener: Second. De Weerd: I have a motion and a second. Any discussion on the motion? Hearing none, Madam Clerk. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. C. Public Hearing for Westborough Square (H-2015-0036) by Northside Management Located 6340 N. Jericho Road 1. Request: Rezone of 3.32 Acres of Land from the L-O to the R- 15 Zoning District 2. Request: Modification to the Conditional Use Permit (CUP- 05-027) to Allow the Development of Multi-Family Instead of Offices on Phase 2 of the Site De Weerd: Item 8-C has been requested to continue this item to March 1st. We see that the gentleman that was here this evening to listen in on this left, so I'm sure he will be back on March 1st as well. Council, do you need any information on this? If not, I will open the public hearing on Item H-2015-0036 and seek a motion to continue the public hearing to March 1st. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we continue H-2015-0036 to March 1st, 2016. Cavener: Second. De Weerd: I have a motion and a second to continue this item to March 1st, 2016. All those in favor say aye. All ayes. Motion carried. Meridian City Council February 2, 2016 Page 30 of 40 MOTION CARRIED: ALL AYES. D. Public Hearing for Paramount North Forty (H-2015-0034) by Brighton Investments, LLC Located 6280 N. Fox Run Way 1. Request: Preliminary Plat Consisting of Three (3) Building Lots, Three (3) Common Lots and Two (2) Other Lots for Future Right-of-Way Dedication De Weerd: Item 8-D is a public hearing for H-2015-0034. I will open this public hearing with staff comments. Watters: Thank you, Madam Mayor, Members of the Council. The next application before you is a request a preliminary plat. This site consists of 40.52 acres of land. It's zoned C-C and TN-C and is located at 6280 North Fox Run Way at the southeast corner of Fox Run and Chinden Boulevard. This property was annexed back in 2013 with the Paramount Northeast project. A conditional use permit for a residential care facility in a C-C zoning district was recently approved at the northwest corner of this site. The Comprehensive Plan future land use map designation is mixed use community, which is 26 acres of the site, and medium density residential, which is 15 acres of the site. The proposed plat consists of three building lots, three common area lots, and two other lots for future right of way dedication for widening of Chinden Boulevard on 40.52 acres of land in the C-C and TN-C zoning district. Access is proposed via two access points from North Fox Run Way that were previously approved by Council with the conditional use permit application. No access is proposed via North Meridian Road or West Director Street. Access via East Chinden Boulevard is prohibited. Per Idaho Transportation Department's corridor plan for this area, 70 feet of right of way measured from the center line of Highway 20-26, Chinden, is required as proposed. Berms or other improvements should be constructed outside of the right of way. A 35 foot wide street buffer is required along Chinden, an entryway corridor, and a 25 foot wide buffer is proposed along North Meridian Road, with a ten foot wide multi-use pathway and a 20 foot wide buffer is required along Fox Run, a collector street, as proposed. The street buffer landscaping and associated pathways along Chinden and North Meridian Road will take place with the final plat for each phase of development per the approval of City Council with the development agreement modification. The North Slough runs across this site and an irrigation ditch runs along the north and east boundaries. Piping of these waterways is required with each phase of development. The applicant has submitted conceptual building elevations as shown for the assisted living facility proposed on Lot 3. Again, that's at the northwest corner of this site. The future building is required to comply with design standards. The Commission recommended approval of this application. Testimony in favor was received from Van Elg and Jon Wardle, Brighton Development. No one testified in opposition or commented. Written testimony was received from Van Elg, the applicant's representative, in response to the staff report. There were no key issues of discussion by the Commission. The Commission did make some changes to staff's recommendation. The f irst was a modification to condition number 1.1.3A to allow Meridian City Council February 2, 2016 Page 31 of 40 the four foot wide sidewalk that exists along Fox Run Way to remain if five foot by five foot turn out areas are provided every 200 feet to meet ADA standards. Second was a modification to condition number 1.1.3C to generally require a ten foot wide detached multi-use pathway to be constructed along East Chinden Boulevard and a public use easement, rather the specifically in the street buffer. And the last modification to condition number 1.1.3B, consistent with condition number 1.1.3C to require a ten foot wide detached multi-use pathway to be constructed along North Meridian Road in a public use easement, rather than specifically in the street buffer. There are no outstanding issues for City Council and the only written testimony since the Commission hearing was from Van Elg, the applicant, in agreement with the Commission recommendations. Staff will stand for any questions Mayor and Council may have. De Weerd: Thank you. Council, any questions? Okay. Thank you. Good evening. If you will, please, state your name and address for the record. Elg: Good evening. My name is Van Elg. I'm with Brighton Corporation. 12601 West Explorer Drive in Boise. Appreciate being here. Welcome new Council members this evening. As you heard from Sonya, she -- she has aptly described our project for us. It's been ongoing, a part of the Paramount for a number of years. A development agreement was approved. The Veranda Assisted Living Facility has been approved and we hope to be in construction shortly. You will see on the heels of this preliminary plat, as required by staff and in the conditions of approval through the DA as well, that we will be providing the -- you will see the final plat as well for Veranda. As Sonya has mentioned, there are three plats -- or three lots in the subdivision that are buildable, Lots 3, 5 and 6, and as this development progresses you will see additional platting, documentation applications for those future phases that comply with the development agreement or as may be necessary some minor adjustments to it. One thing to point out with the Veranda Subdivision that you will see before you -- coming before you in that assisted memory -- or assisted living facility, we are constructing -- already have constructed the landscape along Chinden Boulevard. So, it's already in place and with regard to the requirements -- those changes and those modifications for the two -- the three conditions of approval, the -- the one that was probably of most concern was the one along Fox Run, which required us to remove an existing four foot sidewalk that was built in accordance with city ordinance at the time in exchange for a five foot and as we talked with ACHD and staff it seemed reasonable that if we could comply with ADA requirements and put the five foot knock outs or turn outs every 200 feet that we would meet the intent with that as well and not have to remove existing facilities and alter irrigation facilities, piping, utilities, whatever might be in that area. With that I don't have anymore to present. I think Sonya has presented what we needed to hear and I will keep it short for you this evening. De Weerd: Thank you. Council, any questions? Bird: I have none, Mayor. De Weerd: Okay. Thank you. Meridian City Council February 2, 2016 Page 32 of 40 Elg: Thank you. De Weerd: This is a public hearing. Is there anyone who would like to provide testimony to this item? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Nobody interested in testifying on this, I move we close the public hearing on 8-D, a preliminary plat for Paramount North Forty. Bird: Second. De Weerd: I have a motion and a second to close the public hearing on this item. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I move that we approve the preliminary plat H-2015-0034, include all staff and applicant testimony. Bird: Second. De Weerd: I have a motion and a second to approve Item 8-D. Madam Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. E. Final Plat for Paramount Veranda (H-2015-0033) by Brighton Investments, LLC Located 6280 N. Fox Run Way 1. Request: Final Plat Approval Consisting of One (1) Building Lot, Two (2) Common Area Lots and One (1) Other Lot for Future Right-of-Way Dedication Meridian City Council February 2, 2016 Page 33 of 40 De Weerd: Item 8-E was requested by staff to continue this item to February 9th. That is a workshop and so maybe we can see what the final plat issues were. Watters: Madam Mayor, Council, there were no issues with it. That is the first phase final plat for the preliminary plat that you just heard for Paramount North. We felt it would be better to have that on the next agenda, rather than before the findings were approved on the preliminary plat. The applicant is in agreement with staff's conditions of approval, so staff was recommending it just be on the Consent Agenda next week, if that's agreeable with Mayor and Council. De Weerd: Thank you. Watters: Thank you. De Weerd: I appreciate that clarification. Okay. Council, do I have a motion to continue this item to February 9th? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we continue H-2015-0033 to February 9, 2016, Consent Agenda, unless otherwise noted. Milam: Second. Cavener: Second. De Weerd: I have a motion and a second to continue Item 8-E to next week for the Consent Agenda. All in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Item 9: Continued Department Reports A. Community Development: Update and Discussion regarding the Oaks Subdivision Reimbursement Agreement for Infrastructure Enhancement De Weerd: Item 9-A is under continued department reports and I will turn this over to Bruce. Freckleton: Thank you, Madam Mayor, Members of the Council. Just -- maybe just for point of clarification, it is titled under nine as continued department reports. This is the first time you have -- you have heard this topic, so it's not a continued item. It's continued in the sense that it's falling after action items. So -- Meridian City Council February 2, 2016 Page 34 of 40 Milam: Additional. Freckleton: Additional. Yeah. First of all, I just kind of want to give you a little bit of a background for the new Council. Several years ago the Thomas Coleman -- Coleman Development proposed a development called The Oaks North and South Subdivision out in the vicinity of McMillan and McDermott Roads. That development came in with an annexation and zoning, preliminary plat for in the neighborhood of 900 lots -- 900 to a thousand lots. Pretty good size development. Part of the property fell west of the city's current centric sewer services and so Coleman had to construct a fairly large lift station to be able to provide sanitary sewer service to the western portion of this development. The city's master plan called for one lift station clear over on Can-Ada Road and so the Public Works Department worked with Coleman, it took quite a bit of -- quite a bit of discussion. We had to bring in our consultants for the master plan in. Ultimately the Public Works Department approved an interim lift station to be constructed as part of The Oaks Subdivision. Through the design of that lift station the city asked for it to be constructed, so it was expandable in the future. Coleman constructed the lift station with those design guidelines. The current capacity of the lift station is only enough to serve The Oaks development. However, like I said, it is expandable in the future. Meridian City Code several years ago -- I think it was July of 2011 we brought a new reimbursement code in front of City Council for approval. Historically the City of Meridian has had a method for reimbursing developers for inf rastructure that they would construct that would be above and beyond what would be required to provide service for their own developments. Like I said, in July of 2011 we brought -- brought forth a new revised code that made many improvements to the old code. The old code used to require that we would collect a small portion or a proportionate share from every single building permit that was issued in a benefit area and as you might imagine, the money would trickle in and the accounting overhead was huge to try and keep track of all that money and, then, pay the developer out on a quarterly basis and so the new code that we put in place in July of 2011 we -- we went to a different methodology to where we would collect reimbursement fees with the plats as they would come in and the developers would have to pay that fee, instead of the builders as they constructed homes in the developments. So, that's a little bit of the background of how we got to where we are with The Oaks. What we have before you is a requested modification to that code that was done in July of 2011. Through the development of the reimbursement agreement for The Oaks we found some areas of our code that we hadn't contemplated back 2011. The Oaks' request for reimbursement agreement is the very first one -- it's the very first request that we have had that is testing this new code and it happens to be for a lift station. If it were for main lines it would have been simple, but lift stations, as you might imagine, are very complicated, they provide a lot of capacity and the mechanics of how you have to put them together are quite different. So, the code modifications that we are asking for are really kind of housekeeping or clarifications. In the -- in the current definitions of our code there is a -- in the -- under 6-B for beneficiary reimbursement amount it outlined in the definition section at what points in time we could collect the reimbursement amounts. Unfortunately -- and I think it was just probably a clerical error, but that -- that is the only place that it is written in the code is under the definition section. It's not written into the body of the code. So, our legal Meridian City Council February 2, 2016 Page 35 of 40 department recommended that we modify that to bring the timing of when we can collect it down into the body of the ordinance, just -- it clarifies the -- it clarifies the procedure of how we would go through these. And, then, the other change -- material change to this is to add, in addition to -- the current language in the code says that we will collect on a per acre basis, we will collect the reimbursement fee on a per acre basis and so we wanted to add on -- in addition to that we wanted to add that we could do it on an equivalent residential unit basis. So, that basically is with each house that goes in we would do it based on the number of homes, if that makes sense. This lift station, as it's constructed, can serve -- I believe it was 600 gallons a minute and so it's converting that 600 gallons a minute into how many homes that would serve and so by add ing the language in that allows us to do it to an ERU, it makes it a lot more intuitive and it clarifies it. So, that's really what we are after tonight is the modifications that I have outlined to the reimbursement code. What we plan on doing is next week the actual agreement that we have negotiated with Coleman, we want to bring that forward on the agenda for next Tuesday for your approval, but in order to make that agreement work the way they have negotiated it we had to make these tweaks to the code a head of time. With that I would stand for any questions. Bird: Madam Mayor? De Weerd: So, Bruce, I -- in the packet we just have the agreement with Coleman, so as you have gone through some of your suggestions, I'm having -- I wasn't able to really follow you, so -- Nary: Madam Mayor? De Weerd: Or am I missing something? Nary: It's actually number ten is the ordinance itself. So, Madam Mayor, Members of the Council -- De Weerd: I was looking under Department -- continued Department Reports. Nary: So, Madam Mayor, Members of the Council, to add a little bit more information. Bruce has done a great job. When we wrote this in 2011 we really wrote it in a vacuum. We were trying to replace what we used to call latecomers agreements that was to create this type of reimbursement for upsizing and as Bruce stated if we were building main lines, which is really what our conversation in 2011 was about, it fits just fine. But with this being a lift station it's a little bit different type of project and so it's a little bit more complicated and so that's why we would like you to consider this code change. We think it's just clarification. I don't think it's really a significant change to the text, it really is moving some definitions into the procedural section and using another measurement, because that's another common form. So, it really doesn't change a lot. But it is -- is it -- with Item 10 we also -- if you need some time to think about it, because lots of times we don't always bring an ordinance change and, then, ask you to change it that night. If you need some time that's perfectly fine. It's not urgent you do it today. It is -- there is an Meridian City Council February 2, 2016 Page 36 of 40 agreement coming behind it that has to wait until you approve this change and if you don't approve the change, then, we are probably going to have to go back and rediscuss that with the Coleman people about how they are going to get reimbursed. We think this is cleaner. Again, this is the first one in five years that this has been in place that w e have been asked, so as we work through it we found there was some clunkiness to the ordinance that really didn't fit very well, but, again, it's partly because we were really just writing it to meet what we perceive to be the future needs and it just has n't come up until now. So, if you do need more time or you want more information before you consider approving it, we can certainly wait. Again, the Coleman -- the Coleman agreement has been finalized pending this change. So, it's up to you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Thanks for the explanation, Bill. I don't -- it's hard to remember as they were having discussion and passing an ordinance the same night before. I have a problem with it, because I -- I do a lot better job of reading and understanding than I do listening and understanding. But I trust the people that have worked on this, the people that is involved and I know what the ordinance was and it sounds like we are just adding betterment for the city to the existing law, but, please, let's don't do this again. It would -- I mean an ordinance is a law, so if we are going to make it, let's at least have a discussion a week or two ahead of time, so we can have a chance to read it over. I would have no problem with going ahead with it tonight. I will let the rest of the Council weigh in, too, but I got faith in our Legal and our Community Development. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I agree with pretty much everything that Keith just said. My only additional question is you sure you got everything covered in this? Nary: Madam Mayor, Members of the Council, Council Member Milam -- De Weerd: You can never -- Nary: I never will guarantee we did -- we could find something else that could crop up. But this does satisfy actually the -- part of the concern in the negotiation with the Coleman Homes folks has been that there is the potential, the way it's been drafted, that it could expire and a future council may not extend it and maybe it's not compl etely developed. We don't -- we don't anticipate that likely to happen, but this allows the reimbursement to be done a little quicker as development occurs, so it doesn't trickle in like Bruce was saying, so that there is a way to collect those sooner, so that way the potential for reimbursement is there and so the Coleman Homes folks are more comfortable with that. We think that does make sense and it doesn’t impact negatively future development, Meridian City Council February 2, 2016 Page 37 of 40 because they are going to know and this is going to be rec orded, this will be available, they will know that if you're going to develop and use this facility that there is cost to it in addition to the normal hook-up cost. Milam: Thank you. De Weerd: Well, the changes look very clean. You had a very concise walk through of what you were proposing and certainly I know our crystal ball is not always working quite correctly, but I think the changes make sense. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I think that it is a such a -- for the ones that aren't familiar with these fees and these reversables, this -- those developers out there put money out and they need to be paid back just as soon as we collect. We don't need to sit and hang onto it like we have in the past. That's the one thing that Bruce brought up and Bill both that this lets them recoup their -- their money faster and I'm all for that. Item 10: Ordinances A. Ordinance No. 16-1671: An Ordinance Amending Meridian City Code Section 8-6-5, Regarding Reimbursement Agreements For Infrastructure Enhancements; Amending Meridian City Code Section 8-6-5(B) To Add A Definition Of Equivalent Residential Unit; Amending Meridian City Code Section 8-6-5(C)(7)(C), Regarding Calculation Of Beneficiary Reimbursement Amount By Equivalent Residential Unit; Amending Meridian City Code Section 8-6-5(D)(2), Regarding Timing Of Collection Of Beneficiary Reimbursement Amounts; Adopting A Savings Clause; And Providing An Effective Date De Weerd: Okay. Any further questions for Bruce? Okay. Madam Clerk, will you, please, read Ordinance 16-1671 by title. Holman: Madam Mayor, may I ask a question? De Weerd: Uh-huh. Holman: On the agreement attached to Item 9 do we approve that and, then, I read the ordinance? De Weerd: No. This -- Nary: Madam Mayor? Meridian City Council February 2, 2016 Page 38 of 40 De Weerd: -- this agreement can only be enforced after the ordinance is adopted. Holman: Okay. Thank you. De Weerd: Is that correct, Mr. -- Nary: Yes, ma'am. In fact, we would actually prefer to put it on next week, because the ordinance would -- if you're going to approve it tonight it won't be published until Monday, so it's not effective until next week, so -- Holman: Thank you. De Weerd: Thank you. Holman: City of Meridian Ordinance No. 16-1671, an ordinance amending Meridian City Code Section 8-6-5 regarding reimbursement agreements for infrastructure enhancements. Amending Meridian City Code Section 8-6-5B to add a definition of equivalent residential unit. Amending Meridian City Code Section 8-6-5C-7C regarding calculation of beneficiary reimbursement amount by equivalent residential unit. Amending Meridian City Code Section 8-6-5D2 regarding planning of collection of beneficiary reimbursement amounts. Adopting a savings clause and providing an effective date. De Weerd: You have heard this ordinance read by title. Anyone who would like to hear it read in its entirety? Okay. Seeing none. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve Ordinance No. 16-1671 with suspension of rules. Cavener: Second. De Weerd: I have a motion and a second to approve Item 10 -A with suspension of rules. Madam Clerk. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 11: Future Meeting Topics Meridian City Council February 2, 2016 Page 39 of 40 De Weerd: And, then, we will see this agreement on a future agenda. Freckleton: Madam Mayor, Members of Council. B ill, maybe you can clarify -- correct me if I'm wrong, but I believe Ted's intention was that the agreement would come back on the Consent Agenda next week? Nary: Next week. Freckleton: Is that correct? Nary: Yes. Bird: Does anybody have any problem with the Conse nt? De Weerd: Okay. Any items considered for future meeting topics? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I guess we can consider these future. I just hand ed out a sheet to Jaycee. We got to get a date for our budgets. June 8th everybo dy can make it. We have problems on June 15th and July 13th. And I don't know about -- on the 2nd. We discussed here is anybody -- the AIC is the week of the 21st, the same as the dairy show. Has anybody got a problem with the 27th, 28th, 29th, 30th, one of those days? Of June. All in June. We will have our meeting on the 28th will be our regular Tuesday night. De Weerd: Hey, can we talk one at a time. There is not a whole lot of wiggle room for changes in all of that. Bird: June 8th? July 20th? We can't go past the 20th, people, because we are pushing up to that end when Jaycee has to get this turned into the county. De Weerd: Okay. Bird: Madam Mayor, could I speak to something else? De Weerd: Yes, Mr. Bird. Bird: The Allumbaugh House, I left you guys a budget. Their 2016 budget. I had the pleasure of sitting in for Mayor on Monday and truly enjoyed it. They come out with their annual report. Look it over good, people. This -- this house, which Mayor and I had -- and the previous council had the privilege of helping get this thing going as -- in the five years its been in service has done great things and they have got some other grants coming and I'm sure the Mayor will come back here in a couple of weeks with some other stuff that they are going to -- they got to have another meeting within two weeks on some Meridian City Council February 2, 2016 Page 40 of 40 stuff. But this has been one of the best investments, in my opinion, that the communities have done and I don't -- Joe probably knows as much about it as us coming from that side of the deal. We have helped a tremendous amount of people. The only thing that -- they are so full now that some of the people are being released probably sooner than they should be and with addiction that's pretty tough, you know. You need to keep them as long as you can, so -- to make sure that they are. De Weerd: Mr. Bird, is this something that you would like to have on a future agenda that we could give a report to Council? Bird: I think they will come -- they will bring this to you. I think they are going to offer to come to the Council and stuff with not only this, but the one Sheriff Bartlett is -- per that grant. De Weerd: Okay. Bird: I will let you -- at the next meeting you will -- you can decide that. De Weerd: Okay. So -- Bird: I'd love to see them come before us. De Weerd: We will make sure it happens. Okay. Any further topics? Okay. I would entertain a motion to adjourn. Cavener: So moved. Milam: Second. De Weerd: I have a motion and a second. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 7:53 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) t.., /ko� MAYOR TAM Y De WEE DATE APPROVED ATT ST: T, I city of LPARXAIV�-- CEE dOLMAN, CITY CLERK SEAL 4 G4, iREASe y.:. Change to Agenda: ® Item #8C: Westborough Square (H-2015-0036) — Applicant requests continuance to March 11t due to not posting the site within the required timeframe prior to the hearing; and to continue to meet with the neighbors and adjacent HOA's, Item #8A: Birkdale Estates Subdivision (H-2015-0030) Application(s): ➢ Annexation and Zoning ➢ Preliminary Plat Size of property, existing zoning, and location: This site consists of 10.06 acres of land, zoned L-0, located near the southeast corner of N. Meridian Road and E. Chinden Blvd. (Parcel #: R1002730100) History: History of Previous Actions: The subject property platted as part of the Blythe Estates Subdivision in Ada County. Comprehensive Plan FLUM Designation: Medium Density Residential (MDR) Summary of Request: The applicant has submitted an application for annexation and zoning (AZ) of 10.06 acres of land with an R-2 zoning district. A preliminary plat (PP) is also proposed consisting of 15 single-family residential building lots and 5 common lots on 10.06 acres of land for Birkdale Estates Subdivision. The applicant has applied to annex and zone a total of 10.06 acres of land with an R-2 zoning district. The proposed zoning is consistent with the corresponding FLUM designation of MDR. The applicant has requested a step down in density for the development. The legal description submitted with the application shows the boundaries of the property proposed to be annexed and zoned. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. Because this is a low density development, staff is not recommending a development agreement with the annexation of the property. The proposed plat consists of 15 single-family residential building lots and 5 common area lots on 10.06 acres of land in a proposed R- 2 zoning district. The average lot size in the proposed development is 21,893 square feet. A step down in density is allowed by the Future Land Use Map as long as long as the change is within one "step" of the map designation (Medium to Low in this instance). The proposed gross density of the subdivision is 1.49 dwelling units per acre which is consistent with both the "step-down in density and the proposed R-2 zoning district. Staff has reviewed the proposed plat for compliance with the dimensional standards listed in the UDC, and found the plat in compliance with those standards. The minimum lot size for a single-family detached dwelling in the R-2 zoning district is 12,000 square feet with 80 feet of frontage. The plat as submitted complies with the dimensional standards of the UDC. Minimum home size is 1,500 square feet. Access to this site is from Elk Ranch Lane (private street) to Chinden Boulevard as well as from two existing stub streets, one in Hacienda Subdivision to the west and one in Saguaro Canyon Subdivision to the south. Access to E. Chinden Blvd via Elk Ranch Lane is prohibited in accord with UDC 11-3H. The access easement that provides direct access to Chinden Blvd. must be relinquished prior to signature on the final plat. At this time, there is an existing 6 -foot tall privacy fencing along the south and a portion of the west boundary of the proposed development. The applicant shall provide 6 -foot tall privacy fencing along the border of the subdivision. The developer shall meet the requirements of UDC -3A-7. The applicant originally proposed 6.6% open space (0.67 acres), with the understanding that staff was presenting a proposal to reduce the open space requirements for subdivisions. This proposed text amendment was not approved by council, so the proposed open space for this subdivision does not meet the City's requirements. Additional open space will need to be provided to meet current code. This increase in open space will not result in a substantial change as defined by our city code, so a new application will not need to be submitted. Amenities for the development include a pool, a barbeque area and a micropath connection to the east. The North Slough runs across this site and will be tiled as part of the development. No structures other than fences may be built within this easement without approval from the easement holder. A license agreement should be obtained from Settlers Irrigation District (NMID) for the lots that encroach within the easement area. The applicant has submitted conceptual building elevations for the future homes in this development. Building materials are proposed to consist of architectural shingles and stone columns or wainscot. Staff is in favor of the proposed elevations with their associated architectural features. The applicant should construct homes within the development that substantial comply with the submitted elevations as proposed. Commission Recommendation: Approval with conditions Summary of Commission Public Hearing: i. In favor: None ii. In opposition: Tom Rieke iii. Commenting: Pat Tealey, Bill Fremgen and Vince Murphy iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: None b. Key Issue(s) of Discussion by Commission: i. Proposed open space and site amenities for the prepared subdivision. ii. General traffic and construction traffic through the established subdivisions to the west and south of the proposed subdivision. iii. The road layout changing to meet the block length requirements of the UDC. c. Key Commission Change(s) to Staff Recommendation: i. Removal of condition 1.1.1 B , referencing the length of the cul-de-sac (cul-de-sac has ben removed from the plan) (See condition 1.1.113). ii. Remove condition 1.1.1 C, referencing the micropath that was to be constructed from the now removed cul-de-sac (See condition 1.1.1C). iii. Modify condition of approval 1.1.21 to remove Lot 8, Block 3, which was the old micropath and add Lot 5, Block 3, which is the new proposed micropath on the southern portion (See condition 1.1.21) iv. Add a site specific condition that requires the applicant to construct homes consistent with the proposed elevations (See condition 1.1.2J). d. Outstanding Issue(s) for City Council: None Written Testimony since Commission Hearing: None Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2015-0030, as presented in the staff report for the hearing date of February 2, 2016: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2015-0030, as presented during the hearing on February 2, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2015-0030 to the hearing date of February 2, 2016 for the following reason(s): (You should state specific reason(s) for continuance.) Item #813: Citadel Storage - AZ (H-2015.0031) Application(s): ➢ Annexation Size of property, existing zoning, and location: The subject property is located at 4940 S. Meridian Road (Parcel # S1131223012), consists of 17.55 acres of agricultural land; zoned RUT in Ada County. History: None Comprehensive Plan FLUM Designation: MU -NR Summary of Request: The applicant LLC has submitted an application for annexation and zoning (AZ) of 17.55 acres of land with an I -L zoning district for Citadel Storage. Access is provided to the site via W. Amity Road. No direct access to S. Meridian Road is permitted. A 35 -foot wide street buffer is required along S. Meridian Road and a 25 foot landscape buffer is required along E. Amity Road. Both landscape buffers are required to be landscaped in accordance with UDC 11-313-7C as proposed. The rendering provided by the applicant show a substantial amount of gravel between the property line and the unimproved right-of-way along both S. Meridian Road and E. Amity Road. The conceptual elevations provided by the applicant show a large gravel shoulder on both S. Meridian Road and E. Amity road. The unimproved right-of-way adjacent to both roads needs to be landscaped in accord with UDC 11-3B-7. The City's Pathways Master Plan indicates a multi -use pathway crossing the subject property within the pipeline easement. The developer shall provide a 10 foot wide sidewalk/pathway across its Amity Road frontage to the intersection with Meridian Road. A public pedestrian pathway easement shall be provided for the required sidewalk/pathway. The pathway should be detached from the future curb and have landscaping between the curb and pathway. The entire length of the frontage landscaping and Multi -use Pathways along S. Meridian Road and E. Amity Road need to be constructed with the first phase of development. The Meridian Public Works Department will be extending sanitary sewer and water service to this area as part of planned capital projects. The water extension is tentatively scheduled for completion the summer of 2016. Design work is underway for the sanitary sewer, and construction will be completed by December of 2017. Utility connections to the site are contingent on these extension plans. The DA will restrict the site from being developed until the services are available. A 75 -foot easement for the Williams -Northwest Pipeline Corporation transverses through the northeastern portion of the property. The Northwest Pipeline is a natural gas pipeline that serves as a primary artery for the transmission of natural gas to the Pacific Northwest and Intermountain Region. Those properties impacted by the easement must adhere to the standards in the developer handbook provided by the gas company. Any improvements and construction within the easement area will require the review and approval of the gas company prior to the commencement of any construction. A CZC application is required to be submitted prior to issuance of building permits. The applicant is required to obtain approval of a design review application for the proposed structures and site design for the self-service storage facility. This application may be submitted concurrently with the CZC application. The applicant must comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. A minimum 5 -foot wide detached sidewalk is required around all buildings as well as those serving public streets. To ensure the site develops as proposed, staff recommends a DA to require future development to substantially comply with the proposed site plan and building elevations. Commission Recommendation: Approval with conditions Summary of Commission Public Hearing: L In favor: Dave Yorgason ii. In opposition: None iii. Commenting: Dave Yorgason iv. Written testimony: Dave Yorgason v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Bill Parsons b. Key Issue(s) of Discussion by Commission: i. Timing of annexation and whether or not it is appropriate to annex the property at this time. ii. Timing for the completion of the South Meridian annexation. iii. Location of the emergency access onto S. Meridian Road. iv. Phasing of the site and landscape improvements for the proposed development. v. Traffic impact of a development of this size and type. vi. Location of the access to Amity Road. vii. Timing of utilities to service the property. viii. Building materials to be used for the proposed development. ix. Overall architectural design of the project. c. Key Commission Change(s) to Staff Recommendation: i. Modify condition 1.1.1 C , referencing the 20 foot wide driveway and 5 foot wide pathway along the east boundary of the property (See condition 1.1.1 C). ii. Modify condition of approval 1.1.1 F to require all frontage improvements with the development in the second phase (See condition 1.1.2F). iii. Modify condition 1.1.11 regarding development of the site and availability of utility connections (See condition 1.1.11). iv. Modify condition 2.2.2 regarding utilities on the property (See condition 2.2.2). d. Outstanding Issue(s) for City Council: None Written Testimony since Commission Hearing: None Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2015-0031, as presented in the staff report for the hearing date of February 2, 2016: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2015-0031, as presented during the hearing on February 2, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2015-0031 to the hearing date of February 2, 2016 for the following reason(s): (You should state specific reasons) for continuance.) Item #8D: Paramount North Forty - PP (H-2015-0034) Application(s): ➢ Preliminary Plat Size of property, existing zoning, and location: This site consists of 40.52 acres of land, zoned C -C & TN -C, located at 6280 N. Fox Run Way at the SEC of Fox Run & Chinden. History: This property was annexed in 2013 with the Paramount Northeast project. A CUP for a residential care facility in a C -C zoning district was recently approved at the NWC of this site. Comprehensive Plan FLUM Designation: MU -C (26 acres) & MDR (15 acres) Summary of Request: The proposed plat consists of 3 building lots, 3 common area lots and 2 other lots for future right-of-way dedication (for widening of E. Chinden Blvd.) on 40.52 acres of land in the C -C & TN -C zoning districts. Access is proposed via two access points from N. Fox Run Way that were previously approved by Council with the CUP application. No access is proposed via N. Meridian Road or W. Director Street. Access via E. Chinden Blvd. is prohibited. Per ITD's corridor plan for this area, 70' of ROW measured from the section line of Hwy 20/26 (Chinden) is required as proposed; berms or other improvements should be constructed outside of the ROW. A 35' wide street buffer is required along Chinden, an entryway corridor, and a 25 -foot wide buffer is proposed along N. Meridian Road with a 10' wide multi -use pathway; and a 20' wide buffer is required along Fox Run, a collector street as proposed. The street buffer landscaping and associated pathways along Chinden & N. Meridian Road will take place with the final plat for each phase of development per the approval of City Council with the DA modification. The North Slough runs across this site and an irrigation ditch runs along the north & east boundaries; piping of these waterways is required with each phase of development. The applicant has submitted conceptual building elevations for the assisted living facility proposed on Lot 3. The future building is required to comply with design standards. Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: Van EIg, Jon Wardle ii. In opposition: None iii. Commenting: None iv. Written testimony: Van Elg, Applicant's Representative (response to the staff report) v. Key Issue(s): None Key Issue(s) of Discussion by Commission: i. None Commission Change(s) to Staff Recommendation: i. Modify condition #1.1.3a to allow the 4 -foot wide sidewalk along Fox, Run Way to remain if 5'x 5' turnout areas are provided every 200 feet to meet ADA standards. ii. Modify condition #1.1.3c to generally require a 10 -foot wide detached multi -use pathway to be constructed along E. Chinden Blvd. in a public use easement rather than specifically in the street buffer. iii. Modify condition #1.1.3b consistent with condition #1.1.3c to require a 10 -foot wide detached multi -use pathway to be constructed along N. Meridian Road in a public use easement rather than specifically in the street buffer. Outstanding Issue(s) for City Council: i. None Written Testimony since Commission Hearing: None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2015-0034, as presented in the staff report for the hearing date of February 2, 2016: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2015-0034, as presented during the hearing on February 2, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2015-0034 to the hearing date of for the following reason(s): (You should state specific reason(s) for continuance.) Meridian City Council Meeting DATE: February 2, 2016 ITEM NUMBER: 5A PROJECT NUMBER: ITEM TITLE: Consent Agenda Approve Minutes of January 5, 2016 City Council Meeting MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council January 5, 2016 Page 54 of 54 Bird: True. I have got 18 years of -- De Weerd: Well, welcome. It's nice having you. So, Council, with that I would -- Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: Well, I would just like to add that I'm pleased that you and Genesis got reelected. I'm happy to have Ty here and I have heard him talk about a few things and I think he will be a good addition. I'm very pleased that Ann Little Roberts will be my replacement and I understand a prior commitment why she couldn't be here this week, but think she will be a good, enthusiastic addition. But I would like to say to Madam Mayor and to all of my Council compatriots and to all of the department heads that I have had the opportunity to work with and many of the employees. I have got to know almost all of them at one -- one time or another. And Dean Willis who -- who really is a part of the family. This has been a phenomenal group to work with and I have been very honored and benefited and blessed by working with all the people that I have worked with. The city has employees that are wonderful people. Intelligent, caring, giving people and if I had the opportunity to speak to each of the employees I would say that whatever height I have attained you all have been the wind under my wings and it's been through your efforts that I have been able to act like I was intelligent about things, because I have been prepared by all of you and I just think the city is in good shape with a phenomenal staff and I just want to thank everybody for their kindness and their guidance and their support of all these years. It's been a great experience. So, with that, Madam Mayor, I move we adjourn this meeting. Bird: Second. De Weerd: I have a motion and a second. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 9:08 P.M. (AUDIO MAYOR/ ATTE; JAYCEE N FILE OF THESE PROCEEDINGS) MY De , CITY CLERK a- / D-- / .DATE APPROVED Meridian City Council Meeting DATE: February 2, 2016 ITEM TITLE: Consent Agenda ITEM NUMBER: PROJECT NUMBER: Approve Minutes of January 12, 2016 City Council Workshop Meeting MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Workshop January 12, 2016 Page 94 of 94 De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Madam Clerk, if you could get some of the little calendars for Council, that would be awesome. I just remembered what I was going to say. Bird: Big O Tires. Item 11: Future Meeting Topics De Weerd: Yes. So, is there anything under future meeting topics from Council? Hearing none, I would entertain a motion to adjourn. Milam: So moved. Bird: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 7:53 P.M. (AUDIO RECORD -LNG -ON -F4 F THESE PROCEEDINGS) Z 2 - MAYOR e DATE APPROVED {CD iVJCUS ,�� ATTEST: JAYCEE HOLMAN, CITY CLE city 0' �lIAH(7 .y� ��� r Meridian City Council Meeting DATE: February 2, 2016 ITEM TITLE: Consent Agenda PROJECT NUMBER: Approve Minutes of January 19, 2016 City Council Meeting MEETING NOTES 5C Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council January 19, 2016 Page 52 of 52 questions, they will preface it with while we support what you're proposing, we want you to be prepared to answer these following questions and it was a great dialogue. The kids bring the food and they sign up and volunteer to bring it, so there is minimal expense to the MYAC budget. These -- these kids are phenomenal and they were well prepared. So, it was very meaningful to have the two of you there. Appreciate that. Any questions? If not I would entertain a motion to adjourn. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Given that a hundred percent of my motions have failed, I hope I have not doomed this one to a similar fate. I move we adjourn. Bird: Second. De Weerd: I have a motion and a second to adjourn. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 8:38 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) kyj .E ATTE T: 1 ry 0i JAYCEE HO Y CL K /a— /I�- DATE APPROVED Meridian City Council Meeting DATE: February 2, 2016 ITEM NUMBER: 5D PROJECT NUMBER: ITEM TITLE: Consent Agenda Resolution No. b- ,� n : A Resolution Approving the Bylaws of the Meridian Solid Waste Advisory Commission as Amended on January 27, 2016 MEETING NOTES 9 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. I u _ I I r - BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, ROBERTS A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN APPROVING CITY COUNCIL PRESIDENT'S APPOINTMENTS OF CITY COUNCIL MEMBERS TO SERVE AS DEPARTMENT LIAISONS, COMMITTEE MEMBERS, COMMISSION EX -OFFICIO MEMBERS, AND CITY AREA CONTACTS, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Meridian City Code section 1-7-6(A), the president of the City Council is to appoint a city council member to be council liaison of each of the City departments, and at the City Council meeting on January 12, 2016, City Council President Keith Bird did make such appointments, as set forth in Exhibit,4 hereto; WHEREAS, City Council members are authorized to represent the City of Meridian at, or attend on behalf of the City of Meridian, the meetings of various interagency boards, committees, and initiatives, including the Community Planning Association of Southwest Idaho, the Ada County Air Quality Board, the Meridian Rural Fire District Board, Meridian Development Corporation, Allumbaugh House Joint Powers Entity, Ada City -County Emergency Management Executive Council, and Valley Regional Transit Board; WHEREAS, pursuant to Meridian City Code section 2-1-1(C)(9), each commission shall include a City Council member to serve in an ex -officio, non-voting capacity, and at the City Council meeting on January 12, 2016, City Council President Keith Bird did make such appointments, as set forth in Exhibit,4 hereto; WHEREAS, in order to facilitate timely public service, there are designated five City areas, and at the City Council meeting on January 12, 2016, City Council President Keith Bird did delegate to each City Council member primary responsibility for responding to citizen inquiries originating from that City area, as set forth in Exhibits A and B hereto; and WHEREAS, by this resolution, the City Council of the City of Meridian seeks to effectuate and memorialize these appointments; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the City Council members appointed by City Council President Bird to serve as liaisons to the respective departments, as set forth in Exhibit A hereto, shall fulfill the duties of such function as enumerated in Meridian City Code section 1-7-6(B). Section 2. That the City Council members appointed by City Council President Bird to serve as ex -officio members of the respective commissions, as set forth in Exhibit A hereto, shall fulfill the duties of such function as enumerated in Meridian City Code section 2-1-1(C)(9). RESOLUTION APPOINTING CITY COUNCIL LIAISONS AND REPRESENTATIVES PAGE 1 OF 4 Section 3. That the City Council members appointed by City Council President Bird to serve as contact persons for the respective City areas, as set forth in Exhibits A and B hereto, shall have primary responsibility for responding to citizen inquiries originating from those respective City areas. Section 4. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this_ day of February, 2016. 0) APPROVED by the Mayor of the City of Meridian, Idaho, this 2/dayof February, 2016. APPROVED: ttypED AUc--U x, ayo e Weerd ATTEST:�o��o srA City of EPUDT B 1 t��)1 - Y eeo man, City ClerkSEAL �3.rF. °ate RESOLUTION APPOINTING CITY COUNCIL LIAISONS AND REPRESENTATIVES PAGE 2 OF 4 EXHIBIT A CITY COUNCIL MEMBER APPOINTMENTS Seat Council Member Department Committee and City Area Liaison Commission Designation Ap ointment Appointment 1 Anne Little Roberts Parks COMPASS (alternate) 3 alittleroberts@meridiancity.org c: 208-861-4799 Parks & Recreation Commission, ex officio 2 Joe Borton Fire Ada County Air Quality 1 jborton@meridiancity.org Board h:208-288-2630 Finance c: 208-870-3764 Meridian Rural Fire District Board 3 Ty Palmer Information Historic Preservation 4 typalmer@meridiancity.org Services Commission, ex officio c: 208-954-6432 Legal VRT Board 4 Keith Bird Public Works Meridian Development kbird@meridiancity.org Corporation h: 208-888-2108 Mayor c: 208-860-7757 Allumbaugh House (alternate) ACCEM (alternate 5 Genesis Milam Police Arts Commission, ex 2 gmilam@meridiancity.org officio c: 208-371-6009 Solid Waste Advisory Commission, ex officio 6 Luke Cavener Community VRT Board 5 lcavener@meridiancity.org Development c: 208-695-4536 Human Resources RESOLUTION APPOINTING CITY COUNCIL LIAISONS AND REPRESENTATIVES PAGE 3 OF 4 RESOLUTION APPOINTING CITY COUNCIL LIAISONS AND REPRESENTATIVES PAGE 4 OF 4 EXHIBIT B CITY AREAS Meridian City Council Meeting DATE: February 2, 2016 ITEM NUMBER: 5E PROJECT NUMBER: ITEM TITLE: Consent Agenda Resolution No. t� J lit : Approving City Council President's Appointments Of City Council Members To Serve As Department Liaisons, Committee Members, Commission Ex -Officio Members, And City Area Contacts MEETING NOTES 9 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ••••, CITY OF MERIDIAN RESOLUTION NO. t ‘o - I 1` D BY THE CITY COUNCIL: BIRD,BORTON, CAVENER, MILAM, PALMER,LITTLE ROBERTS A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN APPROVING THE BYLAWS OF THE MERIDIAN SOLID WASTE ADVISORY COMMISSION AS AMENDED ON JANUARY 27, 2016, AND PROVIDING AN EFFECTIVE DATE. WHEREAS,pursuant to Meridian City Code section 2-6-4(B), at its meeting on January 27, 2016, the Meridian Solid Waste Advisory Commission voted unanimously to recommend to City Council that it approve the "Bylaws of the Meridian Solid Waste Advisory Commission as Amended on January 27, 2016," attached hereto as Exhibit A; WHEREAS, the City Council of the City of Meridian deems the approval of such bylaws to be in the best interest of the City of Meridian in that they facilitate the efficient operation of the Meridian Solid Waste Advisory Commission; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the City Council of the City of Meridian hereby approves the Bylaws of the Meridian Solid Waste Advisory Commission as Amended on January 27, 2016, attached hereto as Exhibit A. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. v,g1 ADOPTED by the City Council of the City of Meridian, Idaho, this day of February, 2016. APPROVED by the Mayor of the City of Meridian, Idaho,this 2 day of February, 2016 . , , . . i OnlI.MIIIIIIIIIb �,�% "1 ' Mayor T. de Weerd ATTEST: 0 f 7,c,,,,, i t?fr I T. o_ . By: 0.___ _ /A Gad ,cee WS) an, ity Cle >TF ;= RESOLUTION APPROVING BYLAWS OF MERIDIAN SOLID WASTE ADVISORY COMMISSION PAGE 1 OF 2 BYLAWS OF THE MERIDIAN SOLID WASTE ADVISORY COMMISSION PAGE 1 OF 4 BYLAWS OF THE CITY OF MERIDIAN SOLID WASTE ADVISORY COMMISSION AS AMENDED ON JANUARY 27, 2016 WHEREAS, Meridian City Code section 2-6-4 (B) directs the Meridian Solid Waste Advisory Commission to adopt bylaws, rules, and regulations for the proper conduct of the business of the commission; WHEREAS, on December 7, 2010, the City Council of the City of Meridian adopted Resolution no. 10-757, which approved the initial bylaws of the SWAC; WHEREAS, at its regular meeting on January 27, 2016 the Meridian Solid Waste Advisory Commission voted to recommend that its bylaws be amended and updated as set forth herein; NOW THEREFORE, the Meridian Solid Waste Advisory Commission hereby establishes and adopts the following bylaws: ARTICLE I: INTENT The intent in preparing and adopting these bylaws is to provide a framework for conducting the business of the Meridian Solid Waste Advisory Commission (hereinafter “Commission”) in accordance with provisions set forth in Title 2, Chapter 1, Meridian City Code as to the roles and responsibilities, membership, and budget for commissions, and Title 2, Chapter 6, Meridian City Code as to the establishment, duties and powers, membership and qualifications, organization, and meetings of the Commission. ARTICLE II: OFFICE The principal location of the Commission shall be at Meridian City Hall, 33 E. Broadway, Meridian, Idaho. ARTICLE III: MEMBERSHIP SECTION 1: TERMS OF OFFICE . In keeping with provisions of Meridian City Code regarding commissioners’ terms of office, there are hereby designated nine membership seats on the Commission. The commissioners appointed to Seats 1-5 shall each serve a term of three (3) years. The staff commissioners appointed to Seats 6-8 shall each serve without term limits. The commissioner appointed to Seat 9 shall be a youth member, whose term shall be one (1) year. SECTION 2: SUBCOMMITTEES . The Commission Chair, with the Commission’s approval, shall establish such subcommittees as necessary or helpful to assist or advise the Commission in the performance of its functions and/or furtherance of its mission. Meetings of subcommittees shall comply with any and all applicable public meetings laws. Each subcommittee shall consist of at least two (2) commissioners. Unless a subcommittee chair is appointed by the Commission Chair, each subcommittee shall elect a chair to preside at subcommittee meetings and present the EXHIBIT A BYLAWS OF MERIDIAN SOLID WASTE ADVISORY COMMISSION RESOLUTION APPROVING BYLAWS OF MERIDIAN SOLID WASTE ADVISORY COMMISSION PAGE 2 OF 2 BYLAWS OF THE MERIDIAN SOLID WASTE ADVISORY COMMISSION PAGE 2 OF 4 findings and/or recommendations of the subcommittee to the Commission. The Mayor, Commission Chair, or subcommittee chair may appoint citizens or public officials to serve as members of subcommittees. SECTION 3: QUORUM . According to the provisions of Meridian City Code, a majority of currently-appointed commissioners shall constitute a quorum for the transaction of any business of the Commission. SECTION 4: VOTING . Each commissioner shall be entitled to one (1) vote on any matter before the Commission. Except as otherwise designated herein, the vote of the majority of the members present at any meeting at which a quorum is present shall effectuate any decision of the Commission. The Commission Chair shall be a voting member of the Commission and shall hold the same rights and privileges as any other commissioner. Proxy voting shall not be permitted. SECTION 5: TERMINATION . In keeping with provisions of Meridian City Code, any Commissioner who misses one-half of the meetings that are held in any calendar year shall have their appointment automatically terminated. ARTICLE IV: MEETINGS SECTION 1: NUMBER AND DATE OF REGULAR MEETINGS . According to the provisions of Meridian City Code, the Commission shall hold no fewer than four (4) regular meetings during the calendar year. Unless otherwise specified, regular meetings of the Commission shall be held on the fourth Wednesday of each month at 4:00 p.m. At the first meeting of each calendar year, the Commission shall establish a meeting schedule for the calendar year in which event the published schedule shall apply. SECTION 2: SPECIAL MEETINGS . Special meetings may be convened by or at the direction of the Chair by complying with the notice requirements for meetings as set forth herein. SECTION 3: PLACE OF MEETINGS . Unless otherwise specified, meetings of the Commission shall be held in the Council Chambers at Meridian City Hall, 33 E. Broadway Avenue, Meridian, Idaho. SECTION 4: NOTICE OF MEETINGS . Unless otherwise prescribed by statute, Commissioners shall be provided written notice of meetings, which notice shall state the date, hour, and location thereof, and shall further state the purpose of the meeting, business to be transacted, and/or agenda. The City Clerk’s Office or its designee shall issue notice to each and every Commissioner not less than forty-eight (48) hours, nor more than thirty (30) days prior to the meeting. Notice may be issued by e-mail, U.S. Post, and/or personally, by or at the direction of the Chair. SECTION 5: LENGTH OF MEETINGS . No meeting shall run longer than three (3) hours unless a majority vote of the quorum approves the extension of such time limit as to a particular meeting. BYLAWS OF THE MERIDIAN SOLID WASTE ADVISORY COMMISSION PAGE 3 OF 4 SECTION 6: CONDUCT OF MEETINGS . The Commission shall operate under the precepts of Robert’s Rules of Order. The order of business for meetings of the Commission shall be as follows: 1) call to order; 2) roll call; 3) approval of the agenda; 4) approval of minutes of previous meeting; 5) old business; 6) new business; 7) reports, presentations, subcommittee reports, staff reports; 8) next meeting; 9) adjournment. The agenda shall be followed to the extent possible, but other matters may be considered upon vote of the majority of the members present at any meeting at which a quorum is present. SECTION 7: AGENDA . The agenda for all meetings of the Commission shall be prepared by the City Attorney or designee in consultation with the Commission Chair. Agenda items may be proposed to the Commission Chair by any commissioner or any member of the public and shall be placed on the agenda at the discretion of the Commission Chair, provided that adequate notice of such item has been provided as set forth herein and required by law. SECTION 8: PUBLIC APPEARANCES AND REQUESTS . Scheduling of appearances before or requests to the Commission shall be at the discretion of the Chair. The Chair may set rules to maximize efficiency and productivity of meetings, including setting a time limit for presentations and/or comments to the Commission. SECTION 9: MINUTES . Minutes and/or records of the business conducted at all meetings of the Commission or any subcommittee thereof shall be kept by the City Clerk’s Office and shall be open for public inspection. The minutes of each meeting shall be forwarded to each commissioner prior to the regular meeting at which such minutes are subject to approval by the Commission. ARTICLE V: OFFICERS SECTION 1: DESIGNATION . According to the provisions of Meridian City Code, officers of the Commission shall include the Commission Chair and Commission Vice-Chair. Other officers may be elected as necessary or desirable for the efficient administration of the Commission if a majority of the Commission so decides. SECTION 2: TERM AND ELECTION . Election of officers shall be by voice vote and, according to the provisions of Meridian City Code, shall be held at the first regularly scheduled meeting after January 1 of each year. A special election may be held at any time to fill a vacancy of office. An officer who fails or refuses to fulfill the duties of his or her office may be removed from the office by a two-thirds (2/3) majority vote of the full Commission by voice vote at a special election. SECTION 3: DUTIES OF CHAIR . The Commission Chair shall prepare meeting agendas in cooperation with the City Attorney or designee, shall preside over all full Commission meetings, and shall sign all documents requiring an official signature on behalf of the Commission, including its annual report to the Mayor and City Council and other reports as requested. The Chair shall recommend, for the Commission’s approval, the formation of subcommittees and the appointment of commissioners, citizens, and/or public officials thereto. The decisions, statements, and/or actions of the Chair shall obligate, commit, and/or represent the Commission only insofar as the Commission has specifically authorized. The Chair may request assistance from the City Clerk to effect efficient business of the Commission. SECTION 4:DUTIES OF VICE-CHAIR. The Commission Vice-Chair shall perform the duties of the Chair in the absence of the Chair and shall perform such other duties as may be delegated by the Commission Chair. The Vice-Chairperson shall be automatically nominated for the position of Chairperson in the year following his/her term as Vice-Chairperson, unless he/she is unable or ineligible to serve. ARTICLE VI:AMENDMENT OF BYLAWS: In keeping with the provisions of the Meridian City Code,the Commission shall adopt bylaws, rules and regulations for the proper conduct of the business of the Commission. All Commission bylaws, rules and regulations are subject to the approval of the Mayor and City Council after recommendation by the Commission. Once approved, as provided in Meridian City Code,the Commission may recommend to the Mayor and City Council that these bylaws be altered, amended, added to, or repealed. ARTICLE VII: ADOPTION AND EFFECTIVE DATE The Commission adopted the foregoing bylaws at its regular meeting on January 27, 2016. These bylaws shall be effective upon their ratification by resolution of the City Council of the City of Meridian. Adopted by the Meridian Solid Waste Advisory Commission on the 27th day of January, 2016. C Steve Cory, Chair Meridian Solid WastAdvisory Commission AMENDED BYLAWS OF THE MERIDIAN SOLID WASTE ADVISORY COMMISSION PAGE 4 OF 4 Meridian City Council Meeting DATE: February 2, 2016 ITEM TITLE: Consent Agenda ITEM NUMBER: PROJECT NUMBER: Revised Findings of Fact, Conclusions of Law: AZ 15-012 Village Apartments by DevCo Located 2700 N. Eagle Road Request: Annexation and Zoning of 0.38 of an Acre of Land with a C -G Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION 5F DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: February 2, 2016 ITEM NUMBER: 5G PROJECT NUMBER: CUP 15-019 ITEM TITLE: Village Apartments Revised Findings of Fact, Conclusions of Law: CUP 15-019 Village Apartments by DevCo Located 2600 N. Eagle Road Request: Conditional Use Permit Approval for a Multi -Family Development Consisting of 336 Dwelling Units on 16.68 acres of Land in a C -G Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: February 2, 2016 ITEM NUMBER: 5H PROJECT NUMBER: MDA -15-011 ITEM TITLE: Village Apartments Revised Findings of Fact, Conclusions of Law: Village Apartments MDA 15- 011 by DevCo Located 2600 N. Eagle Road Request: Modification to the Development Agreement to Include a Conceptual Development Plan for the Property and to Remove the Requirement for Detailed Conditional Use Permit Approval of Future Uses MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: February 2, 2016 ITEM NUMBER: 51 PROJECT NUMBER: H-2015-0042 ITEM TITLE: Impresa Park Subdivision Findings of Fact, Conclusions of Law for Impresa Park Subdivision (H- 2015-0042) by Rodhouse Capital, LLC Located South Side of W. Franklin Road, Approximately 1/4 Mile West of S. Meridian Road Request: Short Plat Approval Consisting of Four (4) Building Lots on 1.22 Acres of Land in a L -O Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: February 2, 2016 ITEM NUMBER: 5J PROJECT NUMBER: H-2015-0045 ITEM TITLE: Primary Health Clinic Findings of Fact, Conclusions of Law for Primary Health Clinic (H-2015- 0045) by Matthew Witt, Rocky Mountain Companies Located 1648 & 1624 N.W. 1 st Street Request: Modification to the Development Agreement to Update the Conceptual Development Plan for the Western Portion of the Site MEETING NOTES Ij Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: February 2, 2016 ITEM NUMBER: 5 PROJECT NUMBER: ITEM TITLE: Task Order 10492.a Approval of Change Order No 2 to Task Order 10492.a to KELLER ASSOCIATES for the " WELL 27 WATER TREATMENT FACILITYCONSTRUCTION SERVICES" project for a Not -To -Exceed amount of $57,100.00 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS To: Jaycee L. Holman, City Clerk, From: Kathy Wanner, Buyer CC: Jacy Jones, Dean Stacey Date: 1/25/2016 Re: February 2"d City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the February 2nd City Council Consent Agenda for Council's consideration. Approval of Change Order No 2 to Task Order 10492.a to KELLER ASSOCIATES for the " WELL 27 WATER TREATMENT FACILITY- CONSTRUCTION SERVICES" project for a Not -To -Exceed amount of $57,100.00. Recommended Council Action: Award of Change Order 2 to Task Order 10492.A to KELLER ASSOCIATES for the Not -To -Exceed amount of $57,100.00. Thank you for your consideration. 0 Page 1 E IDIANt�- Public IDAHO Works Department TO: KEITH WATTS FROM: DEAN STACEY DATE: Januaxy 12, 2016 Mayor Tammy de Weerd Ciky Council Memher$l Keith Bird Joe Borton Luke Cavener Genesis Milam Ty Palmer Anne Little Roberts SUBJECT: SUPPLEMENTAL TASK ORDER WITH KELLE R ASSOCIATES FOR SDC'S PER MASTER AGREEMENT DATED OCTOBER 1, 2014 FOR WELL # 27 WATER TREATMENT FACILITY FOR A NOT TO EXCEED AMOUNT OF $57,100.00 I. DEPARTMENT CONTACT PERSONS Dean Stacey, Project Manager 489-0386 Kyle Radek, Asst. City Engineer 489-0343 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 It. DESCRIPTION A. Back rg found This project was initiated to mitigate brown water in the utility system by improving the water quality supplied by Well 27. B. Proposed Project This is a supplemental Task Order to the Original Task Order to have the design engineer provide services during construction in addition to submittal review. This will include programming and startup support by the electrical engineer. III. IMPACT Page I of 2 IV, A. Strategic Impact: This project supports the Public Works Mission and Vision for enhancing and protecting water quality B. Service/Delivery Impact: This project will improve the water quality delivered to our customers in zone 2 of the City's water system, C. Fiscal Impact: Project Costs FY 16 Consultant Agreement $57,100 Total $57,100 Project Funding Available Well 27 / 3490-96158 $57,100 TIME CONSTRAINTS Council approval will allow this project to stay on schedule and be completed by the end of FY 16, Public Works Approval: Page 2 of 2 D to CONTRACT CHANGE ORDER CONTRACTOR: Keller Associates CHANGE ORDER NO, 2 CITY OF MERIDIAN The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. 33 EAST BROADWAY PROJECT NO, 10492.a MERIDIAN, ID 83642 DATE: 1/20/2016 Reason for Change Order: EFFECTIVE DATE: 1/20/2016 CONTRACT CHANGE ORDER CONTRACTOR: Keller Associates PROJECT: Water Treatment Facility, Well tP 27 The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Adding Construction Services to the Task Order Reason for Change Order: The City needs the Design Engineeer to provide Construction Services during construction and Recor Drawigns at the end of construction. Attachments: Engineer Scope of Services CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $ $ 210,000.00 Original Contract Times: 365 Net changes form previous Change Orders Net changes form previous Change Orders No. -1— to _I— No.—_ Ito_ (calendar days) $ 7,300.00 167 Contract Price Prior to this Change Order: Contract Times prior to this Change Order: (calendar days) $ 217,300.00 532 Net Increase (decrease) of this Change Order: Net Increase (decrease) of this Change Order: (calendar days) $ 57,100.00 '199 Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: (calendar days) $ 274,400.00 731 APPROVED: (CITY PURCH SI GE ACCEPTED: (Contractor) By: Keith Watts v X 'l Date: if //u Date: ii f RECOMMENDED: (Project Manager) CouncilApprov Date u ptiL Dean Stacey i{ A ,U Dafe: 20 Jan 2016 Date: V S1: CHANGE ORDER NO. 2 TO AGREEMENT FOR WELL 27 WATER TREATMENT FACILITY between KELLER ASSOCIATES, INC. and CITY of Meridian, ID TASK ORDER NO. 10492.A KA PROJECT NO. 214094-001 INTRODUCTION This change order modifies the Scope of Work and defines compensation for Engineering Services provided under the existing contract agreement between Keller Associates ("Consultant") and the City of Meridian, ID ("City") under the original contract agreement dated October 7, 2014. Any conflicting provisions will be resolved in favor of this addendum. This change order and agreement include construction administration, start-up, and programming services throughout construction of Well 27. SCOPE OF WORK L Engineering Services The information below summarizes the engineering services to be completed as part of this change order. For budgeting purposes the contraction schedule is assumed to be 6 months from Notice to Proceed to Final Completion. TASK 11: CONSTRUCTION ADMINISTRATION The Owner will oversee the construction administration efforts for the project. The Engineer will furnish support services specifically limited to the following. A. Preconstruction Conference The Engineer will attend a pre -construction conference for the project with the Contractor, Owner, and other parties. The Owner will chair the meeting. The Engineer will provide a draft agenda for the Owner's review and prepare meeting minutes. B. Submittal Reviews The Engineer will review technical submittals in a timely manner. For budget purposes it is assumed that each contractor submittal will not require more than two reviews. C. Requests for Information The Engineer will be available during construction on an as -needed basis, as requested by the Owner, to answer questions or provide clarifications of the plans and technical specifications. This task does not include time involved due to contractor errors and/or deviations from the construction documents. Task Order 10492.a 214094-001 Change Order 2 Page 1 of 3 D. Miscellaneous Construction Support The Engineer will be available during construction, as requested by the Owner, to review contractor pay applications, field orders, proposal requests, and change orders. It is understood that the Owner will contract directly with an independent testing agency. Engineer will be available to review testing results as requested by Owner. TASK 12: CONSTRUCTION MEETINGS AND OBSERVATION E. Construction Meetings and Observation The Engineer will be available to attend construction meetings and assist the Owner in making construction observations during construction. For budget purposes six meetings (monthly construction meetings) and five site visits are assumed. TASK 13: PROGRAMMING AND STARTUP ASSISTANCE F. Programming and Startup Assistance The Engineer's sub -consultant (DC Engineering) will program the PLC and HMI to meet current city standards, check 1/0 point connectivity, test the control system, configure communications to the Well 27 site, add alarms for existing Well and new Filter Buildings, coordinate programming efforts with Filter Supplier, and test remote control and alarm notifications. The Engineer will attend the startup and will assist in preparing a punchlist of outstanding contract items to be completed. The Owner will be responsible for issuing substantial and final completion. TASK 14: PROJECT CLOSEOUT G. Record Drawings and Operations and Maintenance Materials The Engineer will prepare record drawings from drawings and data received from the Contractor and Owner's staff. Operation and maintenance materials will also be reviewed by the Engineer. Upon approval of record drawings and operation and maintenance materials, Engineer will provide one full size hard copy, one set of electronic AutoCAD drawings, and one set in PDF format. The Engineer will prepare a spreadsheet of equipment identification numbers that correspond to the record drawings. Engineer will coordinate the tags with the City's Asset Management Department. Task Order 10492.a 214094-001 Change Order 2 Page 2 of 3 Compensation Tasks shall be completed on a time and materials basis based on the Consultants current title code billing rates as outlined in the original contract. While individual subtasks may be exceeded, the total time and material budget will not be exceeded without a written addendum. A breakdown of these costs is presented in Table 1. Table 1. SUMMARY of COMPENSATION All other items of the task order 10492.a for engineering services dated October 7, 2014 and change order 1 dated February 18, 2015 remain unchanged. Task Order 10492.a 214094-001 Change Order 2 Page 3 of 3 Keller — Meridian Contract Task Contract Amounts Adjustment Contract Amounts Including Change per Addendum Including Change Order #1 #2 Order #2 01 -Project Management and Administration $13,000 NA $13,000 02 - Pilot Test (City to determine if $18,000 $18,000 necessary after well remediation by NA others) 03 - Public Meeting and Zoning $4,000 NA $4,000 Requirement if necessary) 04 - Iron and Manganese Removal $15,000 NA $15,000 Equipment Procurement Package 05 - Bidding Assistance - Equipment $5,000 NA $5,000 Procurement 06 - Survey and Mapping $7,000 NA $7,000 07 - Preliminary Engineering Report $29,000 NA $29,000 08 - Final Design for 90% and 100% $107,300 NA $107,300 Submittal 09 - Bidding Assistance - Construction $14,000 NA $14,000 of the Water Treatment Facility 10 -Agency Coordination, Meetings $5,000 NA $5,000 and Permitting 11 — Construction Administration Submittals, RFI's, etc. NA $28,550 $28,550 12 — Construction Observation and NA $8,440 $8,440 Meetings 13 — Startup Assistance and Programming NA $14,880 $14,880 14 — Project Closeout (Record NA $5,230 $5,230 Drawings, O&M, etc. Total Contract Amount 1 $217,300 $57,100 $274,400 All other items of the task order 10492.a for engineering services dated October 7, 2014 and change order 1 dated February 18, 2015 remain unchanged. Task Order 10492.a 214094-001 Change Order 2 Page 3 of 3 IDSOS Viewing Business Entity Page 1 of 2 ' IDAHO SEC RTA RY OF TATE Viewing Business Entity Lawerence Denney, Secretary of State [ New Search ] [ Back to Summary ] [ Get a certificate of existence for KELLER ASSOCIATES INC. ] [ Monitor KELLER ASSOCIATES INC. business filings ] KELLER ASSOCIATES, INC. 131 SW 5TH AVE STE A MERIDIAN, ID 83642 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING State of Origin: IDAHO Date of 02 Oct 2007 Origination/Authorization: Current Registered Agent: ROD J LINDA 131 SW 5TH AVE SUITE A MERIDIAN, ID 83642 Organizational ID / Filing C175282 Number: Number of Authorized Stock 15000 Shares: Date of Last Annual Report: 04 Sep 2015 Annual Report Due: Oct 2016 Filed 02 Oct 2007 INCORPORATION Amendment Filed 02 May ARTICLES 2008 RESTATEMENT Report for year 2015 ANNUAL REPORT [ Help Me Print/View TIFF ] View Image (PDF format) View Image (TIFF format) [ Help Me Print/View TIFF ] View Image (PDF format) View Image (TIFF format) [ Help Me Print/View TIFF ] View Document Online Report for year 2014 ANNUAL REPORT View Document Online Report for year 2013 ANNUAL REPORT View Document Online Report for year 2012 ANNUAL REPORT View Document Online Report for year 2012 CHNG View Image (PDF format) View RA/RO Image (TIFF format) Report for year 2011 ANNUAL REPORT View Document Online Report for year 2010 ANNUAL REPORT View Document Online Report for year 2009 ANNUAL REPORT View Document Online http://www.accessidaho.org/public/sos/corp/C175282.html 1/22/2016 IDSOS Viewing Business Entity Page 2 of 2 Report for year 2008 CHNG View Imaqe (PDF format) View OFF/DIR Image (TIFF format) Report for year 2008 ANNUAL REPORT View Document Online Idaho Secretary of State's Main Page State of Idaho Home Page Comments, questions or suggestions can be emailed to: sosinfoCa sos.idaho.gov http://www.accessidaho.org/public/sos/corp/C175282.html 1/22/2016 Meridian City Council Meeting DATE: February 2, 2016 ITEM NUMBER: 5L PROJECT NUMBER: ITEM TITLE: Meridian Boys and Girls Club First Amendment to Recipient Agreement Between City of Meridian Boys & Girls Clubs of Ada County for Contribution of Funds MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS FIRST AMENDMENT TO RECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND BOYS & GIRLS CLUBS OF ADA COUNTY FOR CONTRIBUTION OF FUNDS This FIRST AMENDMENT to RECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND BOYS & GIRLS CLUBS OF ADA COUNTY FOR CONTRIBUTION OF FUNDS ("First Amendment") is made this day of December, 2015 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and Boys & Girls Clubs of Ada County, a nonprofit charitable corporation organized under the laws of the state of Idaho ("Recipient"). WHEREAS, on June 24, 2014, the Parties entered into a Recipient Agreement Between City of Meridian and Boys & Girls Clubs of Ada County for Contribution of Funds ("June 24, 2014 Agreement") establishing the Parties' respective rights and responsibilities regarding the construction of a gymnasium at the Boys & Girls Clubs of Ada County — Meridian Unit, located at 911 N. Meridian Road, in Meridian, Idaho; WHEREAS, construction of the gymnasium is now estimated to be complete in February 2016, with a joint grand opening of the gymnasium and teen center in April 2016; NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and in the June 24, 2014 Agreement, the Parties hereby agree and contract as follows: I. Provision modified. Section I.D. of the June 24, 2014 Agreement shall be amended to read as follows: D. Time of performance. It is anticipated that Recipient shall start constructing the gymnasium on or before September 30, 2014, and shall complete construction by March 31, 2016. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which Recipient remains in control of City funds. IL All other provisions in effect. Except as expressly modified by this First Amendment or other duly executed addenda, all provisions of the June 24, 2014 Agreement shall remain in full force and effect. No other understanding, whether oral or written, shall be deemed to enlarge, limit or otherwise affect the operation of the June 24, 2014 Agreement or this First Amendment thereto. IN WITNESS WHEREOF, the parties shall cause this First Amendment to be executed by their duly authorized officers to be effective as of the day and year first above written. RECIPIENT: Boys & Girls Clubs of Ada County a By: Colleen Braga, Exective Director CITY: City o i is �� - Attest: p¢A'rGD AU��S���'. I By: Tamly,yAe Weerd, Mayor Ffr FIRST AAENDd9ENT To FYI RECIPIENT AG City of E) TD ^A N 11 21 o City Clerlc SEAL, y4� a* tNr--B&j ` GIRLS CLUBS oFADA CouNT4' PAGE 1 OF 1 Meridian City Council Meeting DATE: February 2, 2016 ITEM NUMBER: 5M PROJECT NUMBER: ITEM TITLE: Memorandum Of Agreement Memorandum Of Agreement Between Meridian Development Corporation And City Of Meridian For Landscape Design For Pine Avenue Project MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: February 2, 2016 ITEM NUMBER: 5N PROJECT NUMBER: ITEM TITLE: Acceptance Agreements Display of Artwork Acceptance Agreements for Display of Artwork in Initial Point Gallery, Meridian City Hall: Idaho PTA Reflections, February 5 to March 4, 2016 Nampa Art Guild, March 4 to April 1, 2016 Joyce Ackerman, April 1 to April 29, 2016 Jessica Tookey, April 1 to April 29, 2016 Treasure Valley Artists Alliance, April 29 to June 3, 2016 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: February 2, 2016 ITEM NUMBER: 5N PROJECT NUMBER: ITEM TITLE: Acceptance Agreements Display of Artwork Karen Lowery, June 3 to July 1, 2016 Kris Mannion, July 1 to July 29, 2016 Claire Remsberg, July 1 to July 29, 2016 Ian Smith, July 1 to July 29, 2016 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: February 2, 2016 ITEM NUMBER: 5N PROJECT NUMBER: ITEM TITLE: Acceptance Agreements Display of Artwork Barbara & Dwight Williams, July 29 to September 2, 2016 Karl Henke, September 2 to September 30, 2016 Liz Flores, September 2 to September 30, 2016 Maria Garth, September 2 to September 30, 2016 William Gardoski, October 28 to December 2, 2016 6. Items MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the2,04 day of February, 2016 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Michelene Cromwell ("Organizer"), on behalf of Idaho PTA Reflections Art Program ("Organization"). (City and Organizer 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, Organizer 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 12, 2015, the Meridian Arts Commission ("Commission") reviewed the responses to the Call to Artists, selected Organization's work for display based on the Proposal, and recommended to the Meridian City Council that Organization's artwork, as depicted in the Proposal, be displayed in Initial Point Gallery; WHEREAS, at its regular meeting on December 1, 2015, the Meridian City Council adopted such recommendation and directed the Commission to work with Organization to establish a display of Organization'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. Organizer shall personally deliver to Initial Point Gallery, on February 5, 2016, 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. Organizer shall be responsible for hanging such artwork on February 5, 2016 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from February 5, 2016 through March 3, 2016, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on March 4, 2016, 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. Organizer shall display the artwork of Organization in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Organizer or Organization for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Organizer or Organization 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 artwork; any transaction related to the sale of artwork shall be handled solely by Organizer. Organizer acknowledges the Commission's request that artists voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Organizer may remove such artwork from the Gallery, provided that Organizer replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Organizer 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. Organizer shall provide services described in this Agreement in a timely manner, as described herein. Organizer 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, Organizer shall coordinate any and all such activity with the Gallery Curator. Organizer shall be responsible for contacting the Gallery Curator between December 5, 2015 and January 5, 2016 to confirm details regarding the installation, removal, publicity, and promotion of the exhibit. Organizer'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 Organizer 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 artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 2 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. Organizer warrants that any and all artwork provided by Organizer for display in Initial Point Gallery shall be, and is, original work conceived and created by members of Organization. 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, Organizer 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 names. Organizer hereby conveys to City permission to use Organization's and its members' names for purposes of advertising, marketing, and public information, without violation of Organization's or its members' rights of privacy or any other rights Organization or its members may possess under this Agreement, provided that City shall not use Organization's logo(s), if any, for any purpose without the express, written permission of Organizer. D. Use of City's name. City hereby conveys to Organization 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 neither Organizer nor its members shall use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. E. Removal of artwork by City. City shall have the right to remove 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 Organizer in the manner set forth herein. While it is intended that Organization'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. F. Removal of artwork by Organization. Organizer 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. Organizer, Organization, and Organization's members, shall, and hereby do, 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 Organizer, Organization, Organization's members, or such parties' volunteers, servants, agents, employees, guests, and/or business invitees. B. Waiver. Organizer and Organization shall, and hereby do, 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 Organizer's or Organization'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 is Organization'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 Organization or its members in the furtherance of the respective rights or obligations described herein. Insurance of the artwork; of the Organization's or its members' persons, property, or interests; and/or of the Organization's or its members' employees or agents shall be the sole responsibility of Organization. Organization or its members shall obtain all necessary insurance as may be required in order to protect those parties' insurable interests for their 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. Organization 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 Organizer, Organization, or any of its members have failed to comply with or are 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 Organizer. ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 4 C. Termination upon death or incapacity of Organizer. This Agreement shall automatically terminate upon the death or incapacity of Organizer. 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 Organizer, Organization, and Organization's members are independent parties and not employees, agents, joint venturers, or partners of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Organizer, Organization, or its members and City or between Organizer, Organization, or its members and any official, agent, or employee of City. Both parties acknowledge that neither Organizer, nor Organization, nor Organization's members are employees of City. Organizer, Organization, and Organization's members 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, Organizer, Organization, and Organization's members 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, neither Organizer nor Organization shall 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. ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 5 H. Successors and assigns. Organization shall not subcontract or assign any of Organization's obligations under this Agreement that require or that may require their artistic talent or expertise. Organization may subcontract or assign obligations that do not require artistic talent or 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: Organizer: City: Michelene Cromwell Hillary Bodnar Idaho PTA Reflections Art Program Arts & Culture Specialist 1822 W. Clearvue Street 33 E. Broadway Ave. Eagle ID 83616 Meridian ID 83642 Either party may change its respective mailing address by giving written notice of such change in the manner herein provided. J. Warranty of authority. Organizer expressly warrants that, to the extent set forth herein, Organizer is duly authorized to act as the representative and agent of Organization and of each and all of its members. Organizer further warrants that Organizer is authorized to bind Organization and its members and principals to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Organization and its members and principals. K. 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 written above. ARTIST: Michelene Cromwell CITY OF MERIDIAN: IC ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 6 XHIBIT A CALL TO ARTISTS ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 7 Meridian Commission Ca(( for Artists: 2016 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 2016 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 2016 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 16, 2015. SELECTION PROCESS: The selection of art for the 2016 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: Hillary Bodnar 33 East Broadway Avenue Meridian ID 83642 By e-mail: mac@meridiancity.org EXHIBIT B ORGANIZATION'S PROPOSAL ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 9 Meridian Commission Application It Acknowledgments: 2016 INITIAL POINT GALLERY SERIES APPLICANT CONTACT INFORMATION Check one: ❑ 1 am submitting this application as an individual. 1�A, `�� ,,n(� a , 5K am submitting this application for this organization: 1 til D 'PTA -fEGir ❑ 1 am submitting this application for an informal group: v Applicant: Applicant E-mail: Mailing Address: Physical Address: Applicant Phone: Day: Evening: Cell: 12DE) 5-1 APPLICATION OVERVIEW: Check all that apply: ❑ I/we propose to fill one half of Initial Point Gallery with two-dimensional artwork. 01/we propose to fill the entire Initial Point Gallery with two-dimensional artwork. ❑ I/we propose to fill 01 02 03 44 of the display cases with 3D artwork Number of 2D pieces: Average size of 2D pieces: Number of 3D pieces: Average size of 3D pieces: Proposed title or theme of show, APPLICATION MATERIALS: 0", Completed, signed Application 8t Acknowledgements Form. (Informal groups: each artist must sign separate form.) 01 Ir Biography of artist or informational statement regarding organization, no longer than one 81/2 x 11" page; ❑ 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. ❑ 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 50", in .jpg format. Materials submitted will not be returned. Damaged or non- compliant CDs and/or images will not be considered. Images will not be accepted via a -mail. ❑ $,15. 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/a") 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. FIG. 1. D RING s�YE�'i�i pI _ .,�►. .,�►,' .. ..ems. _, ACKNOWLEDGMENTS: I, M NAt8M(MMU � (, hereby acknowledge the following stipulations and agree that if this proposal is selected for display at Initial Point Gallery, such display shall occur subject to these general terms and conditions, as well as subject to other specific terms and conditions that shalt be set forth in a separate, written Acceptance Agreement between myself and the City of Meridian. I specifically acknowledge that: '" 4A. Before my work will be displayed in Initial Point Gallery, I will be required to enter into an Acceptance 1/ Agreement with the City of Meridian establishing the specific terms and conditions of the display of the particular works displayed. B. If my work is selected for display in Initial Point Gallery, the City of Meridian and its agents will INITIAL exercise professional care in handling and securing all artwork displayed in Initial Point Gallery, but cannot and will not assume liability for any loss or damage. C. "-MAL Any insurance of the artwork displayed in Initial Point Gallery shalt be the sole responsibility of the artist. The City of Meridian shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery. D. While displayed in Initial Point Gallery be for by artwork may passively offered sale means of an INITIAL informational table, board, or handout as provided or allowed by the City of Meridian, no piece displayed in Initial Point Gallery may have a visible price tag. TG E. While it is intended that each exhibit in Initial Point Gallery will be displayed for a one- to two-month N period, this period may be shortened by the City of Meridian for any reason, without notice to the artist or organization. t Nc/ F. The City may display the work of more than one artist or organization in Initial Point Gallery at any "=A time, at the City's sole discretion. WG. Artwork submitted for display in Initial Point Gallery must be original works conceived and created ITIAL by the artist (or by artist members of the organization) submitting this application. my H. Meridian City Hall is primarily a place of public business and Initial Point Gallery is a public place. The '"R'AL City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable. To this end, only artists and artwork meeting the eligibility standards described in the Call for Artists and following the terms set forth in the Acceptance Agreement shall be displayed in Initial Point Gallery. I do acknowledge and understand each and all of the foregoing stipulations and do agree to these general terms and conditions. Signature: e �l l,� Cup Y I Q.I�Q.. l i�i/I(Y1(� � Print name: l'Y Ove k-ey1 P, CArOmWt i t " Parent Signature - If Applicant is Under 18: To propose an exhibition in Initial Point Gallery, please submit this form, completed in full, with the required materials and fee, via U.S. mail, to: Meridian Arts Commission Attn: Hillary Bodnar 33 East Broadway Avenue Meridian ID 83642 Thank you for your interest! MeridiatnC ommission Reflect% o v -s Art Pro@ rot vu, rzefLectiowsArt Progran&Sixmmar�: Ref.ectlons is the Largest national art program for children In the cokvUtru. ThousavWs of cKWrenparticipcite tnthts untctue contest. PTF Reflections weLcomes all grades and abiltttes to explore and be tnvoLved iv\, the arts. students reflect on a common theme and create ortglnaL works of art In the categories of dance chareagrRphg, rlvu prOdue.6op., UterRture, vuusic GOl2tpOSGtGO!/I, phOtOgrRphry Rnd V SkRl RvtS, we aLso have a "spectaL artist" category for children with disabilities. Re f Lectlows ,ort Progra K& Purpose: The Reftections Arts Recognition Program is a vwatlonaL arts recognttton and achievewLent progravu for students. since 29 9, over to w�.Mon students across the nation have token part iw this popular PTA progrt2m. The Re flections ProOmm provides an excellent opportunttU for students of aLL ages to: ® unleash their creative talents and be lnsptred ® Express thevuseLves tmagtnatWeLU in their artwMz ® Expertence the j o U and fun o f vnahtvzj art ® Tap tato crtttcal thinlzing srzUls to create art inspired bU the annuaL theme ® Recetve positive recognitton for their ortgtnaL works of art As an added bonus, In showcasing and celebrating student taLent, the Reflections Progrnm increases covumRvatU awareness of the wmportance of the arts to education. Reflections Art Progravu. Theme : The theme for the 2oi5-2o1ro school Uear is ACCEPTANCE 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 day of February, 2016 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Terri Richart Smith ("Organizer"), on behalf of Nampa Art Guild ("Organization"). (City and Organizer 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, Organizer 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 12, 2015, the Meridian Arts Commission ("Commission") reviewed the responses to the Call to Artists, selected Organization's work for display based on the Proposal, and recommended to the Meridian City Council that Organization's artwork, as depicted in the Proposal, be displayed in Initial Point Gallery; WHEREAS, at its regular meeting on December 1, 2015, the Meridian City Council adopted such recommendation and directed the Commission to work with Organization to establish a display of Organization'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. Organizer shall personally deliver to Initial Point Gallery, on March 4, 2016, 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. Organizer shall be responsible for hanging such artwork on March 4, 2016 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from March 4, 2016 through March 31, 2016, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on April 1, 2016, at such time as is specified by the Gallery Curator. ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE I II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Organizer shall display the artwork of Organization in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Organizer or Organization for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Organizer or Organization 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 artwork; any transaction related to the sale of artwork shall be handled solely by Organizer. Organizer acknowledges the Commission's request that artists voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Organizer may remove such artwork from the Gallery, provided that Organizer replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Organizer 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. Organizer shall provide services described in this Agreement in a timely manner, as described herein. Organizer 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, Organizer shall coordinate any and all such activity with the Gallery Curator. Organizer shall be responsible for contacting the Gallery Curator between January 4, 2016 and February 4, 2016 to confirm details regarding the installation, removal, publicity, and promotion of the exhibit. Organizer'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 Organizer 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 artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 2 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. Organizer warrants that any and all artwork provided by Organizer for display in Initial Point Gallery shall be, and is, original work conceived and created by members of Organization. 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, Organizer 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 names. Organizer hereby conveys to City permission to use Organization's and its members' names for purposes of advertising, marketing, and public information, without violation of Organization's or its members' rights of privacy or any other rights Organization or its members may possess under this Agreement, provided that City shall not use Organization's logo(s), if any, for any purpose without the express, written permission of Organizer. D. Use of City's name. City hereby conveys to Organization 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 neither Organizer nor its members shall use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. E. Removal of artwork by City. City shall have the right to remove 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 Organizer in the manner set forth herein. While it is intended that Organization'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. F. Removal of artwork by Organization. Organizer 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. Organizer, Organization, and Organization's members, shall, and hereby do, 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 Organizer, Organization, Organization's members, or such parties' volunteers, servants, agents, employees, guests, and/or business invitees. B. Waiver. Organizer and Organization shall, and hereby do, 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 Organizer's or Organization'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 is Organization'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 Organization or its members in the furtherance of the respective rights or obligations described herein. Insurance of the artwork; of the Organization's or its members' persons, property, or interests; and/or of the Organization's or its members' employees or agents shall be the sole responsibility of Organization. Organization or its members shall obtain all necessary insurance as may be required in order to protect those parties' insurable interests for their 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. Organization 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 Organizer, Organization, or any of its members have failed to comply with or are 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 Organizer. ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 4 C. Termination upon death or incapacity of Organizer. This Agreement shall automatically terminate upon the death or incapacity of Organizer. 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 Organizer, Organization, and Organization's members are independent parties and not employees, agents, joint venturers, or partners of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Organizer, Organization, or its members and City or between Organizer, Organization, or its members and any official, agent, or employee of City. Both parties acknowledge that neither Organizer, nor Organization, nor Organization's members are employees of City. Organizer, Organization, and Organization's members 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, Organizer, Organization, and Organization's members 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, neither Organizer nor Organization shall 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. ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 5 H. Successors and assigns. Organization shall not subcontract or assign any of Organization's obligations under this Agreement that require or that may require their artistic talent or expertise. Organization may subcontract or assign obligations that do not require artistic talent or 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: Organizer: City: Theresa Wagers Hillary Bodnar Nampa Art Guild Arts & Culture Specialist 11568 Moss Lane 33 E. Broadway Ave. Nampa ID 83651 Meridian ID 83642 Either party may change its respective mailing address by giving written notice of such change in the manner herein provided. J. Warranty of authority. Organizer expressly warrants that, to the extent set forth herein, Organizer is duly authorized to act as the representative and agent of Organization and of each and all of its members. Organizer further warrants that Organizer is authorized to bind Organization and its members and principals to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Organization and its members and principals. K. 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 written above. ARTIST: This-a-WWa�isµ a �� �� �`� �. ` •��� r `� CITY OF MERIDIAN: de)Kleerd, Mayor A UG.U.S`"�.. \ to /JW \11r, u F SEAL ^ F v Jaycee ftMman, City Clerk ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 6 EXHIBIT A CALL TO ARTISTS ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 7 Meridian Commission Call for Artists: 2016 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 2016 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 2016 Initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. • Completed, signed Application It 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 16, 2015. SELECTION PROCESS: The selection of art for the 2016 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: Hillary Bodnar 33 East Broadway Avenue Meridian ID 83642 By e-mail: mac@meridiancity.org EXHIBIT B ORGANIZATION'S PROPOSAL ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 9 Meridian Commission Application Et Acknowledgments: 2016 INITIAL POINT GALLERY SERIES APPLICANT CONTACT INFORMATION Check one: ❑ 1 am submitting this application as an individual. K I am submitting this application for this organization: Lba ❑ 1 am submitting this application for an informal group: Applicant: u A M IPA ALT- AILD Applicant E-mail: Mailing Address: O AIAMPA In 11!56!& Physical Address: Applicant Phone: Day: . Evening: Cell: 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: Number of 3D pieces: Average size of 3D pieces: Proposed title or theme of show: APPLICATION MATERIALS: ❑ Completed, signed Application 13 Acknowledgements Form. (Informal groups: each artist must sign separate form.) ❑ Biography of artist or informational statement regarding organization, no longer than one 8%i x 11" page; jS 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. ❑ 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. 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. ISG $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/a") 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. Meridian Arts Commission Attn: Initial Point Gallery 33 East Broadway Ave. Meridian, ID. 83642 RE: LETTER OF INTENT-NAMPA ART GUILD Vision As an extension of Nampa Art Guild's desire to advance the visual arts, we would bring to Treasure Valley residents the unique perspectives of many individuals working in varied mediums. Viewing these works would encourage upcoming artists to explore and pursue their own interests as well as inspire the creativity of our fellow artists. For everyone who visits, we propose to offer the pleasure and enrichment of colors, shapes, and enhanced emotions —the joy of viewing fine works of local artists. Pieces We plan to submit approximately 40 pieces of two-dimensional artwork of varied sizes, ranging mostly from 16x20 to 22x28, with a few smaller. The exact number and sizes of each will be submitted to the Gallery at an appropriate time prior to hanging. Our submissions will include watercolor, acrylic, oil, pastel, ink and graphite. Publici Our publicity chairperson, Judy Stanfill, will submit articles and announcements to the Idaho Press Tribune and The Idaho Statesman. We will also advertise on our Website, httn://nami)aartguild.org. In addition, we plan to hold an opening show event with appropriate brochures, snacks, etc., as a chance for the viewing public to meet the artists. Atypical Issues or Challenges None Enclosures Enclosed is a check from the Nampa Art Guild in the amount of $35.00. We are also sending an Email to you with five representational images of various artists in our group. Sin rely Terri Richart Smith, Nampa Art Guild President (208-789-3282) NAMPA ART GUILD BIOGRAPHY Who We Are Now celebrating over 50 years, Nampa Art Guild's stated purpose, "to advance the study, participation, and interest in art," offers a vast array of experiences for amateurs to professionals. Our membership includes artists living not only in Nampa, but in the surrounding areas of Canyon, Ada, and Owyhee counties, and others. Our membership continues to grow. We ended the 2014-15 year with a membership of 177. Activities Nampa Art Guild holds weekly meetings which include open paint days and paint -along opportunities. Additional workshops and monthly demonstrations featuring well-known regional artists round out the monthly calendar of opportunities. Community Involvement Each year, at the Nampa Civic Center, Guild artists showcase their works. This year both the spring and fall shows will be members only and will display works from beginners to advanced, as well as the classwork/reproduction division. Our presence has also been seen at the Nampa Festival of Arts for the past five summers where the Guild hosted a large tent in which a number of our members featured their works for sale. Many of our members have also participated in Arts and Roses in Boise, and several individuals show their work at various galleries and libraries throughout the Treasure Valley. Many of the Guild artists have won awards locally, regionally, and nationally. Nampa Art Guild Terri Richart Smith, President 2550 N. Leann Way Meridian, Id. 83646 October 14, 2015 ACKNOWLEDGMENTS: a AA Aft1;114 hereby acknowledge the following stipulations and agree that if this proposal is selected fbr display at Initial Point Gallery, such display shall occur subject to these general terms and conditions, as well as subject to other specific terms and conditions that shall be set forth in a separate, written Acceptance A ement between myself and the City of Meridian. I specifically acknowledge that: A. Before my work will be displayed in Initial Point Gallery, I will be required to enter into an Acceptance INITIAL Agreement with the City of Meridian establishing the specific terms and conditions of the display of the particular works displayed. 0B. If my work is selected for display in Initial Point Gallery, the City of Meridian and its agents will 1A exercise professional care in handling and securing all artwork displayed in Initial Point Gallery, but cannot and will not assume liability for any loss or damage. C. jrn Any insurance of the artwork displayed in Initial Point Gallery shall be the sole responsibility of the artist. The City of Meridian shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery. D. While artwork displayed in Initial Point Gallery may be passively offered for sale by means of an informational table, board, or handout as provided or allowed by the City of Meridian, noP iece displayed in Initial Point Gallery may have a visible price tag. E. White it is intended that each exhibit in Initial Point Gallery wilt be displayed for a one- to two-month period, this period may be shortened by the City of Meridian for any reason, without notice to the F. artist or organization. The City may display the work of more than one artist or organization in Initial Point Gallery N1 `ij� at any G. time, at the City's sole discretion. Artwork submitted for display in Initial Point Gallery must be original works conceived and created by the artist (or by artist members of the organization) submitting this application. 4A H. Meridian City Hall is primarily a place of public business and Initial Point Gallery is a public place. The City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable. To this end, only artists and artwork meeting the eligibility standards described in the Call for Artists and following the terms set forth in the Acceptance Agreement shall be displayed in Initial Point Gallery. I do acknowledge and understand each and all of the foregoing stipulations and do agree to these general terms and conditions. 4 Sign ure: Print name: r * I icant is Under 18: Parent Signature� To propose an exhibition in Initial Point Gallery, please submit this form, completed in full, with the required materials and fee, via U.S. mail, to: Meridian Arts Commission Attn: Hillary Bodnar 33 East Broadway Avenue Meridian ID 83642 Thank you for your interest! Meridian Commission ACCEPTANCE 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 21d day of A , 2016 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Joyce Ackerman, 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 12, 2015, 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 1, 2015, 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 April 1, 2016, at such time as is specified by the Arts & Culture Specialist, 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 April 1, 2016, at the direction of the Arts & Culture Specialist; shall allow the display of such work in Initial Point Gallery from April 1, 2016 through April 28, 2016, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on April 29, 2016, at such time as is specified by the Arts & Culture Specialist. ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE I 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 Arts & Culture Specialist, 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 Arts & Culture Specialist 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 February 1, 2016 and March 1, 2016 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 Arts & Culture Specialist 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 Arts & Culture Specialist 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 Arts & Culture Specialist or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Arts & Culture Specialist or the City ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 2 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 Arts & Culture Specialist 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 Arts & Culture Specialist, 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. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 4 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 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. ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 5 L 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: Joyce Ackerman 2472 N. Victor Way Meridian ID 83646 City Hillary Bodnar Arts & Culture Specialist 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 the Effective Date written above. ARTIST: t. 4 �J ce A kerman CITY OF MERIDIAN: Tammy e eerd, Mayor ,-L10YT)AUCO 0�4 TJ . City of rPl� IANC --A test: 0[5A9i S) Jaycee HQnan, City Clerk SpA �T levy TRF ACCEPTANCE AGREEMENT — INITIAL POINT GALLERY DISPLAY PAGE 6 EXHIBIT A CALL TO ARTISTS ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 7 Meridian I Commission Ca(( for Artists: 2016 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 2016 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 wilt 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 2016 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 16, 2015. SELECTION PROCESS: The selection of art for the 2016 Initial Point Gallery Series will be made by MAC. MAC wilt 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: Hillary Bodnar 33 East Broadway Avenue Meridian ID 83642 By a -mail: mac@meridiancity.org EXHIBIT B ARTIST'S PROPOSAL ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 9 Meridian Commission Application £t Acknowledgments: 2016 INITIAL POINT GALLERY SERIES APPLICANT COyTACT INFORMATION Check one: I am submitting this application as an individual. ❑ 1 am submitting this application for this organization: ❑ 1 am sub�itting this application for an informal group: Applicant: 0-1.G e- *--,, GK e %- w-, Gl M Applicant E-mail: Mailing Address: Physical Address: Applicant Phone: rV1% n APPLICATION OVERVIEW: Check all that apply: l�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. /we propose to fill 01 02 03 113 -of the display cases with 3D artwork Number of 2D pieces: Average size of 2D pieces: •.-,) I )� A Number of 3D pieces: la �;� Average size of 3D pieces:—�'- I01Ca D Proposed title or theme of show: ,r IT 1,- 6 a, - �:&Y,-rwr-j APPLICATION MATERIALS: " Q �� H rc� w t Pa 962 " �ompleted, signed Application Ft Acknowledgements Form. (Informal groups: each artist must sign separate form.) �graphy of artist or informational statement regarding organization, no longer than one 8%2 x 11" page; 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 Any atypical issues or challenges regarding hanging or display of the works proposed for display. 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. Materials submitted will not be returned. Damaged or non- mpliant CDs and/or images will not be considered. Images will not be accepted via a -mail. $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/a") 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 watt. 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. V 611 `y y 4r rrr+•+.•,o a •...,.. F6rtt�'" +,.�.5'e ACKNOWLEDGMENTS:'' ll 1AC- 'i er iflnQ!, hereby acknowledge the following stipulations and agree that if this proposal is selected for display at Initial Point Gallery, such display shall occur subject to these general terms and conditions, as well as subject to other specific terms and conditions that shalt be set forth in a separate, written Acceptance Agreement between myself and the City of Meridian. I specifically acknowledge that: 3 A' A. Before my work will be displayed in Initial Point Gallery, I will be required to enter into an Acceptance INITIAL Agreement with the City of Meridian establishing the specific terms and conditions of the display of the particular works displayed. B. If my work is selected for display in Initial Point Gallery, the City of Meridian and its agents will (TIAL exercise professional care in handling and securing all artwork displayed in Initial Point Gallery, but t cannot and will not assume liability for any loss or damage. C. Any insurance of the artwork displayed in Initial Point Gallery shall be the sole responsibility of the INTIAL artist. The City of Meridian shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery. D. While artwork displayed in Initial Point Gallery may be passively offered for sale by means of an (TIAL informational table, board, or handout as provided or allowed by the City of Meridian, no piece displayed in Initial Point Gallery may have a visible price tag. E. White it is intended that each exhibit in Initial Point Gallery will be displayed for a one- to two-month (TIAL period, this period may be shortened by the City of Meridian for any reason, without notice to the artist or organization. F. The City may display the work of more than one artist or organization in Initial Point Gallery at any INITIA time, at the City's sole discretion. G. Artwork submitted for display in Initial Point Gallery must be original works conceived and created TIAL by the artist (or by artist members of the organization) submitting this application. R H. Meridian City Hall is primarily a place of public business and Initial Point Gallery is a public place. The City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable. To this end, only artists and artwork meeting the eligibility standards described in the Call for Artists and following the terms set forth in the Acceptance Agreement shalt be displayed in Initial Point Gallery. I do acknowledge and understand each and all of the foregoing stipulations and do agree to these general terms and conditions. Signature. G 6 YAM * Parent Signature - If Applicant is Under 18: Date: /0/// Z /S Print name: To propose an exhibition in Initial Point Gallery, please submit this form, completed in full, with the required materials and fee, via U.S. mail, to: Meridian Arts Commission Attn: Hillary Bodnar 33 East Broadway Avenue Meridian ID 83642 Thank you for your interestl Meridian Commission Joyce Ackerman I am a 71 year old lady who is a 50 year implant to Idaho. I have been a meridian resident for 9 years. I am a proud mother of 2 daughters, and a nana to 9 wonderful grandchildren. I retired from the State of Idaho, Department of Health and Welfare, after 33 years. Decoupage became my passion about 25 years ago. Decoupage is the art of applying paper cut outs to a surface through a gluing process. The traditional aim of decoupage was to create a completely smooth surface, so that the paper cut outs had the effect of an inlay. This was achieved by applying multiple coats of glue. I have developed a new, contemporary approach to decoupage. My delightflilly, eclectic collection of work can be used for all manner of practical purposes. The work can also be displayed purely for decoration I participate in 7 to 9 art shows each year. Some are; Art under the Elms in Lewiston, S&K Productions in McCall, Sage Brush in Pocatello, Thousand Springs on Ritter Island, Mountain Mamma in Stanley, and several in Nevada and Oregon. Joyce Ackerman Artist Intent The origins of decoupage can be traced to 18'h century Italy, from there it spread to Europe and England. The work consisted primarily of paper cut outs pasted on to furniture and buried under many coats of finish. Victorian decoupage was three-dimensional, incorporating embossed images from dye -cut scrapbooks. My contemporary decoupage utilizes a vast array of fabulous fabrics, handmade papers, new glues, sealants, and finishes. I have opened old perimeters and taken decoupage into the 21" century. Prices Wall hangings vary from $130-350 Wicker baskets vary from $60-125 Vases vary from $65-170 Animals vary from $65-160 ACCEPTANCE 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 ZIA day of Fehl",A OLN 2016 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Jessica Tookey, 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 12, 2015, 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 1, 2015, 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 April 1, 2016, at such time as is specified by the Arts & Culture Specialist, 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 April 1, 2016, at the direction of the Arts & Culture Specialist; shall allow the display of such work in Initial Point Gallery from April 1, 2016 through April 28, 2016, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on April 29, 2016, at such time as is specified by the Arts & Culture Specialist. ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE I 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 Arts & Culture Specialist, 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 Arts & Culture Specialist 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 February 1, 2016 and March 1, 2016 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 Arts & Culture Specialist 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 Arts & Culture Specialist 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 Arts & Culture Specialist or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Arts & Culture Specialist or the City ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 2 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 Arts & Culture Specialist 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 Arts & Culture Specialist. 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. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 4 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 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. ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 5 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: Jessica Tookey 5504 S. Saddle Street Boise ID 83709 City: Hillary Bodnar Arts & Culture Specialist 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 the Effective Date written above. ARTIST: 4.� ca--T,, okey -- CITY OF MERIDIAN: Tammy die erd, Mayor GO City of A AT l gDAf90 s� SEIT 0 Jaycee man, City Clerk ACCEPTANCE AGREEMENT — INITIAL POINT GALLERY DISPLAY PAGE 6 EXHIBIT A CALL TO ARTISTS ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 7 Av Meridian Commission Ca(( for Artists: 2016 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 2016 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 safety 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. Setectees 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 2016 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 16, 2015. SELECTION PROCESS: The selection of art for the 2016 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: Hillary Bodnar 33 East Broadway Avenue Meridian ID 83642 By e-mail: mac@meridiancity.org ARTIST'S PROPOSAL ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 9 7 Meridian Commission Application It Acknowledgments: 2016 INITIAL POINT GALLERY SERIES APPLICANT CONTACT INFORMATION Check one: ® I am submitting this application as an individual. ❑ 1 am submitting this application for this organization: ❑ I am submitting this application for an informal group: Applicant: Jessica Tookey Applicant E-mail: C.IsHouseofArtQgmail com Mailing Address: 5504S Saddl St Bake, ID 837a Physical Address: same as mailing address Applicant Phone: Day: 208.85 .oho Evening:208.859.oiio Cell: 208.859.os3o APPLICATION OVERVIEW: Check all that apply: KI 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: io-:L5 portraits Average size of 2D pieces:29X24 Number of 3D pieces: Average size of 3D pieces: Proposed title or theme of show: APPLICATION MATERIALS: ® Completed, signed Application It Acknowledgements Form. (Informal groups: each artist must sign separate form.) ® Biography of artist or informational statement regarding organization, no longer than one 81/2 x 11" page; ® 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. ® 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. 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. ® $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 ('/a") 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. w;.erten ma_c_ __. rci7ir�-__.___riyv'p�v.•� r Sc— ------•--- I � ACKNOWLEDGMENTS: I, _ Jessica Tookey , hereby acknowledge the following stipulations and agree that if this proposal is selected for display at Initis P int Gallery, such display shall occur subject to these general terms and conditions, as well as subject to other specific terms and conditions that shall be set forth in a separate, written Acceptance Agreement between myself and the City of Meridian. I specifically acknowledge that: 4—A. Before my work will be displayed in Initial Point Gallery, I will be required to enter into an Acceptance Agreement with the City of Meridian establishing the specific terms and conditions of the display of the particular works displayed. kA B. If my work is selected for display in Initial Point Gallery, the City of Meridian and its agents will exercise professional care in handling and securing all artwork displayed in Initial Point Gallery, but cannot and will not assume liability for any loss or damage. C. Any insurance of the artwork displayed in Initial Point Gallery shall be the sole responsibility of the ` artist. The City of Meridian shall not provide insurance to cover toss, theft, or damage of artwork displayed in Initial Point Gallery. D. While artwork displayed in Initial Point Gallery may be passively offered for sale by means of an informational table, board, or handout as provided or allowed by the City of Meridian, no piece displayed in Initial Point Gallery may have a visible price tag. r. E. While it is intended that each exhibit in Initial Point Gallery will be displayed for a one- to two-month ` period, this period may be shortened by the City of Meridian for any reason, without notice to the r artist or organization. F. The City may display the work of more than one artist or organization in Initial Point Gallery at any ^ time, at the City's sole discretion. G. Artwork submitted for display in Initial Point Gallery must be original works conceived and created A by the artist (or by artist members of the organization) submitting this application. VH. Meridian City Hall is primarily a place of public business and Initial Point Gallery is a public place. The I -A City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feet welcome and comfortable. To this end, only artists and artwork meeting the eligibility standards described in the Call for Artists and following the terms set forth in the Acceptance Agreement shall be displayed in Initial Point Gallery. I do acknowledge and understand each and alt of the foregoing stipulations and do agree to these general terms and conditions. Signature: _ Print name: Jessica Tookey * Parent Signatur If Applicant is Under 18: Date: 10h51=1 To propose an exhibition in Initial Point Gallery, please submit this form, completed in full, with the required materials and fee, via U.S. mail, to: Meridian Arts Commission Attn: Hillary Bodnar 33 East Broadway Avenue Meridian ID 83642 Thank you for your interest! Meridian Commission Artist Jessica Tookey 5504 S. Saddle St. Boise ID 83709 Meridian Arts Commission Attn: Hillary Bodnar 33 East Broadway Avenue Meridian ID 83642 Dear Members of the Meridian Arts Commission: I appreciate the opportunity to share my kindness campaign with you. In October of 2014,1 began my "What is Beauty" exhibit. For this, I selected young ladies who are not your "typical" beautv and were picked on in school because they looked different. I am combining these portraits into a "Words Matter" exhibit. This exhibit makes a statement against bullying. It will include the "What is Beauty" portraits as well as other people (currently working on four men and one woman) who appear happy and confident. However, these portraits will have statements next to them where you will read that, because of poor self image, mental illness or harsh words from others, these smiling people took their own lives. My goal with this exhibit is to get people to realize that their words could be the final push, or the saving grace, for someone who is struggling. I hope that once the paintings are displayed, it will get people to talk about suicide so those who are feeling suicidal and need help will feel confident enough to seek it. The "What is Beauty" portraits will include statements of how these young ladies overcame the negativity surrounding them. I currently have a total of eight images I have either completed or are in the works. There are several others that I would like to include as well, so I might have up to fifteen images depending on when I will exhibit this work. All portraits are 18x24" and are framed behind glass because I have used pastels and charcoal to draw them. Portraits can be purchased for $450 each or a bulk price could be figured if someone wanted to purchase the entire collection. If selected, I will advertise the display through social media and the various business groups I participate in. There are no atypical issues for hanging my work. Again, I thank you for your consideration and appreciate your time! Sincerely, CC� c9 essica Tookey Biography Jessica Tookey strives to show people the beauty that is all around and within us. She has been creating all of her life, but it wasn't until 2014 that she felt the call to pursue art as a career. With a degree in Art Education, Jessica found joy in teaching many students the love of art. Now, she is sharing her gift with the general public. She draws and paints everything but focuses most on portraiture. With portraits, she shares love by bringing light back into the lives of people who have lost loved ones. it has been said that she "captures people's joy and light' in her drawings and paintings. In October of 2014, Jessica began her "What is Beauty" exhibit. She drew young ladies who are not your "typical" beauty. These young ladies were picked on in school because they looked different. She is combining these portraits into a "Words Matter" exhibit. This exhibit makes a statement against bullying. It will include the "What is Beauty" portraits as well as others who appear happy and confident. However, the others will have statements next to them where you will read that, because of poor self image, mental illness or harsh words from others, these smiling people took their own lives. Her goal with this exhibit is to get people to realize that their words could be the final push, or the saving grace, for someone who is struggling. She hopes that once the paintings are displayed, it will get people to talk about suicide. So, those who are feeling suicidal and need help will feel confident enough to seek it. Jessica hopes to create more awareness of the true beauty that is in each and every person. The outside is just our shell, the beauty lies in how you live your life and share God's love. Jessica is part of the Treasure Valley Artist Alliance and sells prints of her work at FineArtAmerica.com and Redbubble.com. Her work is on display at the Boise Tech Mall and the office of Jennifer Schmidt at American Family Insurance in Boise. Jessica has been selected to show her work at Idaho First Bank on 12th and Idaho as well as the new branch in the CW Moore building during November and December of 2015. She was the artist of the month at Eagle City Hall in May of 2015, had her work on display at Flash Talent and Promotions and has provided portraits for PURE:Health, Image, Lifestyle Center's Extreme Makeover as well as numerous families who have lost loved ones. She is very excited to share her gift with so many people. She hopes that her focus on kindness will inspire people to love one another as we were created to do. ACCEPTANCE 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 24 day of February, 2016 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Will Spearman ("Organizer"), on behalf of Treasure Valley Artists' Alliance ("Organization"). (City and Organizer 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, Organizer 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 12, 2015, the Meridian Arts Commission ("Commission") reviewed the responses to the Call to Artists, selected Organization's work for display based on the Proposal, and recommended to the Meridian City Council that Organization's artwork, as depicted in the Proposal, be displayed in Initial Point Gallery; WHEREAS, at its regular meeting on December 1, 2015, the Meridian City Council adopted such recommendation and directed the Commission to work with Organization to establish a display of Organization'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. Organizer shall personally deliver to Initial Point Gallery, on April 29, 2016, 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. Organizer shall be responsible for hanging such artwork on April 29, 2016 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from April 29, 2016 through June 2, 2016, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on June 3, 2016, at such time as is specified by the Gallery Curator. ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE I II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Organizer shall display the artwork of Organization in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Organizer or Organization for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Organizer or Organization 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 artwork; any transaction related to the sale of artwork shall be handled solely by Organizer. Organizer acknowledges the Commission's request that artists voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Organizer may remove such artwork from the Gallery, provided that Organizer replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Organizer 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. Organizer shall provide services described in this Agreement in a timely manner, as described herein. Organizer 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, Organizer shall coordinate any and all such activity with the Gallery Curator. Organizer shall be responsible for contacting the Gallery Curator between February 29, 2016 and March 29, 2016 to confirm details regarding the installation, removal, publicity, and promotion of the exhibit. Organizer'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 Organizer 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 artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 2 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. Organizer warrants that any and all artwork provided by Organizer for display in Initial Point Gallery shall be, and is, original work conceived and created by members of Organization. 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, Organizer 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 names. Organizer hereby conveys to City permission to use Organization's and its members' names for purposes of advertising, marketing, and public information, without violation of Organization's or its members' rights of privacy or any other rights Organization or its members may possess under this Agreement, provided that City shall not use Organization's logo(s), if any, for any purpose without the express, written permission of Organizer. D. Use of City's name. City hereby conveys to Organization 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 neither Organizer nor its members shall use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. E. Removal of artwork by City. City shall have the right to remove 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 Organizer in the manner set forth herein. While it is intended that Organization'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. F. Removal of artwork by Organization. Organizer 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. Organizer, Organization, and Organization's members, shall, and hereby do, 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 Organizer, Organization, Organization's members, or such parties' volunteers, servants, agents, employees, guests, and/or business invitees. B. Waiver. Organizer and Organization shall, and hereby do, 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 Organizer's or Organization'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 is Organization'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 Organization or its members in the furtherance of the respective rights or obligations described herein. Insurance of the artwork; of the Organization's or its members' persons, property, or interests; and/or of the Organization's or its members' employees or agents shall be the sole responsibility of Organization. Organization or its members shall obtain all necessary insurance as may be required in order to protect those parties' insurable interests for their 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. Organization 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 Organizer, Organization, or any of its members have failed to comply with or are 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 Organizer. ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 4 C. Termination upon death or incapacity of Organizer. This Agreement shall automatically terminate upon the death or incapacity of Organizer. 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 Organizer, Organization, and Organization's members are independent parties and not employees, agents, joint venturers, or partners of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Organizer, Organization, or its members and City or between Organizer, Organization, or its members and any official, agent, or employee of City. Both parties acknowledge that neither Organizer, nor Organization, nor Organization's members are employees of City. Organizer, Organization, and Organization's members 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, Organizer, Organization, and Organization's members 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, neither Organizer nor Organization shall 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. ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 5 H. Successors and assigns. Organization shall not subcontract or assign any of Organization's obligations under this Agreement that require or that may require their artistic talent or expertise. Organization may subcontract or assign obligations that do not require artistic talent or 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: Organizer: Will Spearman, President Treasure Valley Artist Alliance 4352 Castlebar Court Boise ID 83703 Ci Hillary Bodnar Arts & Culture Specialist 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. Warranty of authority. Organizer expressly warrants that, to the extent set forth herein, Organizer is duly authorized to act as the representative and agent of Organization and of each and all of its members. Organizer further warrants that Organizer is authorized to bind Organization and its members and principals to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Organization and its members and principals. K. 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 written above. Will Spearman CITY OF MERIDIAN: Tammy v ID A C"C: City of Mayor y SEAS f� A� Jaycee Funian, City Clerk ACCEPTANCE AGREEMENT — INITIAL POINT GALLERY DISPLAY PAGE 6 EXHIBIT A CALL TO ARTISTS ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 7 Meridian Commission Call for Artists: 2016 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 2016 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 safety 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 2016 Initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. • Completed, signed Application It 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 16, 2015. SELECTION PROCESS: The selection of art for the 2016 Initial Point Gallery Series will be made by MAC. MAC wilt 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 Halt. 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: Hillary Bodnar 33 East Broadway Avenue Meridian ID 83642 By a -mail: mac@meridiancity.org EXHIBIT B ORGANIZATION'S PROPOSAL ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 9 Meridian Commission Application Et Acknowledgments: 2016 INITIAL POINT GALLERY SERIES APPLICANT CONTACT INFORMATION Check one: ❑ 1 am submitting this application as an individual. /� Ig I am submitting this application for this organization: %/'PllS/IP� U %2� r 1st 1&14l g- ❑ 1 am submitting this application for an informal group: Applicant: /111 Applicant E-mail: I Mailing Address: _ 5e / 370' Physical Address: S Applicant Phone: Day: - ?,-79- / Evening: Cell: APPLICATION OVERVIEW: Check all that apply: ❑ I/we propose to fill one half of Initial Point Gallery with two-dimensional artwork. h I/we propose to fill the entire Initial Point Gallery with two-dimensional artwork. 01/we pr�opose to fill ❑l E32 03 Id4 of the display cases with 3D artwork Number of 2D pieces: 6wallf A R Average size of 2D pieces: L-A Ito Number of 3D pieces:2' I .1 y. sr.es Average size of 3D pieces: Sit Proposed title or theme of show: 1-71*4 eelgll-lrhl 5 APPLICATION MATERIALS: ❑ Completed, signed Application It Acknowledgements Form. (Informal groups: each artist must sign separate form.) ❑ Biography of artist or informational statement regarding organization, no longer than one 8Yz x 11" page; ❑ 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. ❑ 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. Materials submitted will not be returned. Damaged or non- compliant CDs and/or images wilt not be considered. Images will not be accepted via e-mail. ❑ $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 ('/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. i I III PlcluroNanpinflWith ' Two Cables FIG. 2. BACK OF FRAME FIG. 3.3D ART DISPLAY CASES ACKNOWLEDGMENTS: r/y� I, �0' S Z v &&, hereby acknowledge the following stipulations and agree that if this proposal is selected for displa at Initial Point Gallery, such display shall occur subject to these general terms and conditions, as well as subject to other specific terms and conditions that shall be set forth in a separate, written Acceptance Agreement between myself and the City of Meridian. I specifically acknowledge that: iiT A. Before my work will be displayed in Initial Point Gallery, I will be required to enter into an Acceptance Agreement with the City of Meridian establishing the specific terms and conditions of the display of the particular works displayed. Z�' War 'di• B. If my work is selected for display in Initial Point Gallery, the City of Meridian and its agents will exercise professional care in handling and securing all artwork displayed in Initial Point Gallery, but cannot and will not assume liability for any loss or damage. 00 C. Any insurance of the artwork displayed in Initial Point Gallery shall be the sole responsibility of the Mr -ME artist. The City of Meridian shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery. Ab D. While artwork displayed in Initial Point Gallery may be passively offered for sale by means of an informational table, board, or handout as provided or allowed by the City of Meridian, no piece displayed in Initial Point Gallery may have a visible price tag. E. While it is intended that each exhibit in Initial Point Gallery will be displayed for a one- to two-month period, this period may be shortened by the City of Meridian for any reason, without notice to the artist or organization. P. The City may display the work of more than one artist or organization in Initial Point Gallery at''any INMAL time, at the City's sole discretion. �G. Artwork submitted for display in Initial Point Gallery must be original works conceived and created by the artist (or by artist members of the organization) submitting this application. V H. Meridian City Hall is primarily a place of public business and Initial Point Gallery is a public place. The I =MCity seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feet welcome and comfortable. To this end, only artists and artwork meeting the eligibility standards described in the Call for Artists and following the terms set forth in the Acceptance Agreement shall be displayed in Initial Point Gallery. I do acknowledge and understand each and all of the foregoing stipulations and do agree to these general terms and conditions. Signature: * Parent Signat . If Applicant is nder 18: Date: /"aC, —/5— Print name: L-A C,��(�S�P� VA4 To propose an exhibition in Initial Point Gallery, please submit this form, completed in full, with the required materials and fee, via U.S. mail, to: Meridian Arts Commission Attn: Hillary Bodnar 33 East Broadway Avenue Meridian ID 83642 Thank you for your interestl MeridiatnC ommission 9/20/15 TO: Meridian Arts Commission FR: Treasure Valley Artist's Alliance c/o Zella Bardsley 4621 N. Patton Place Boise, ID 83704 (208) 378-1464; zeliaardsiecabieoneaet Greetings; Thank you for considering the enclosed application for your Initial Point 2016 series. We are interested in a group exhibition representing our organization as a whole. Our artists represent a wide variety of media: paintings, sculpture, mixed metals, mixed media, pottery, glass—the spectrum of fine art. We propose to fill the entire space including the display cases. We envision this display to be a celebration of Idaho artists and their incredible diversity. NAA members routinely show their work together at the BSU radio station in Boise, but would like to have some exposure in other cities in the Treasure Valley so that artists there might see what our alliance has to offer. We have a system of promoting our exhibitions to the area newspapers, have a social media presence for promotion, an active website for promotion and 152 members who are excellent at promoting our exhibitions as well. Our members are professionals, well versed on proper hanging protocol, so we wouldn't anticipate any atypical hanging issues. We appreciate your consideration. Please contact me at the number below with any questions or concerns. Best wishes; Zella Bardsley for NAA (208) 378-1464 9/20/15 Initial Point Gallery Application Informational Statement: Treasure Valley Artist's Alliance (Zella Bardsley, Contact) Treasure Valley Artist's Alliance came into being several years ago when a small group of artists interested in building connections and supporting each other's efforts to thrive in this arts community came together to brainstorm ideas about creating an organized alliance. The main idea that came from that meeting was a desire to pool our efforts as professional artists to share opportunities for exhibition, education and support with others working in the area. Since that meeting the group has grown to 152 members who share information from member panel discussions, share exhibition space and ideas. The vision of NAA is making connections among visual artists throughout Idaho's Treasure Valley, including Boise, Eagle, Meridian and beyond. TVAA's members represent an incredibly diverse set of talents, abilities and experience. We support art and artists through quarterly exhibitions, a searchable online gallery, artist forums, announcements of calls to artists and local art news, community posts, professional development workshops, a directory of art resources and social events bringing local artists together. The NAA is a 501(c) (3) nonprofit organization. www.treasurevalleyartistsaillance.org ACCEPTANCE 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 2,AA day of I , 2016 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Karen Lowery, 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 12, 2015, 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 1, 2015, 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 June 3, 2016, at such time as is specified by the Arts & Culture Specialist, 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 June 3, 2016, at the direction of the Arts & Culture Specialist; shall allow the display of such work in Initial Point Gallery from June 3, 2016 through June 30, 2016, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on July 1, 2016, at such time as is specified by the Arts & Culture Specialist. ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE I 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 Arts & Culture Specialist, 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 Arts & Culture Specialist 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 April 3, 2016 and May 3, 2016 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 Arts & Culture Specialist 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 Arts & Culture Specialist 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 Arts & Culture Specialist or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Arts & Culture Specialist or the City ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 2 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 Arts & Culture Specialist 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 Arts & Culture Specialist. 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. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 4 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 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. ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 5 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: Karen Lowery 1335 E. Peacock Street Meridian ID 83642 CIAv Hillary Bodnar Arts & Culture Specialist 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 the Effective Date written above. ARTIST: i` Karen Lowery CITY OF Tammy Mayor oRar�D �Uc�s 0 I G r� City of �EP I DU\ 1111A) �F SEAT w F , 7RF�5���� Jaycee Wlman, City Clerk ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 6 EXHIBIT A CALL TO ARTISTS ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 7 Meridian Commission Call for Artists: 2016 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 2016 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 Halt (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 2016 Initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. • Completed, signed Application It 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 16, 2015. SELECTION PROCESS: The selection of art for the 2016 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: Hillary Bodnar 33 East Broadway Avenue Meridian ID 83642 By e-mail: mac@meridiancity.org EXHIBIT B ARTIST'S PROPOSAL ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 9 Meridian Commission Application Et Acknowledgments: 2016 INITIAL POINT GALLERY SERIES APPLICANT CONTACT INFORMATION Check one: I am submitting this application as an individual. 1111 am submitting this application for this organization: ❑ I am submitt'ng this application for an informal group: Applicant: _f��ren oW Y y Applicant E-mail: 1 Mailing Address: / Physical Address: _ Applicant Phone: Day: tin c -nt,ue .1" pva eo CA -S a- os above® a.i L • c4 rYl Evening: APPLICATION OVERVIEW: Check all that apply: ❑ I/we propose to fill one half of Initial Point Gallery with two-dimensional artwork. A 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: FA9 ° A) /6 ) 0 Number of 3D pieces: Average size of 3D pieces: Proposed title or theme of show: APPLICATION MATERIALS: [d'"Completed, signed Application Et Acknowledgements Form. (Informal groups: each artist must sign separate form. J iography of artist or informational statement regarding organization, no longer than one 8'/z x 11" page; 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. &-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. 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. 09-'$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/a") 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 Hanging with Two Cables FIG. 2. BACK OF FRAME T iR Ir. FIG. 3. 3D ART DISPLAY CASES ACKNOWLEDGMENTS: 1, A rt4'1 LVJ6Y j _, hereby acknowledge the following stipulations and agree that if this proposal is selected for display at Initial Point Gallery, such display shall occur subject to these general terms and conditions, as well as subject to other specific terms and conditions that shall be set forth in a separate, written Acceptance Agreement between myself and the City of Meridian. I specifically acknowledge that: La_ A. Before my work will be displayed in Initial Point Gallery, I will be required to enter into an Acceptance INITIAL Agreement with the City of Meridian establishing the specific terms and conditions of the display of the particular works displayed. V L B. If my work is selected for display in Initial Point Gallery, the City of Meridian and its agents will INITIAL exercise professional care in handling and securing all artwork displayed in Initial Point Gallery, but cannot and will not assume liability for any loss or damage. L C. Any insurance of the artwork displayed in Initial Point Gallery shall be the sole responsibility of the INITIAL artist. The City of Meridian shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery. VL D. While artwork displayed in Initial Point Gallery may be passively offered for sale by means of an INITIAL informational table, board, or handout as provided or allowed by the City of Meridian, no piece displayed in Initial Point Gallery may have a visible price tag. LL E. While it is intended that each exhibit in Initial Point Gallery will be displayed for a one- to two-month INI` TrA� period, this period may be shortened by the City of Meridian for any reason, without notice to the artist or organization. WL F. The City may display the work of more than one artist or organization in Initial Point Gallery at any INITr time, at the City's sole discretion. JZ[_ G. Artwork submitted for display in Initial Point Gallery must be original works conceived and created INITIAL by the artist (or by artist members of the organization) submitting this application. V L H. Meridian City Halt is primarily a place of public business and Initial Point Gallery is a public place. The INITIAL City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable. To this end, only artists and artwork meeting the eligibility standards described in the Call for Artists and following the terms set forth in the Acceptance Agreement shall be displayed in Initial Point Gallery. I do acknowledge and understand each and all of the foregoing stipulations and do agree to these general terms and conditions. lf Signature: ^^- Print name: k6 -re PA G Oto ex - Parent Signature - If Applicant is Under 18: Date: A9 — 6 - 1,101 -s - To propose an exhibition in Initial Point Gallery, please submit this form, completed in full, with the required materials and fee, via U.S, mail, to: Meridian Arts Commission Attn: Hillary Bodnar 33 East Broadway Avenue Meridian ID 83642 Thank you for your interest! My name is Karen Lowery and I was born and raised in Kuna, Idaho. My husband and I spend our time between Meridian, Idaho and Mesa, Arizona in the winter. I started my photography journey in January of 2010, hoping to learn to take better pictures of my grandkids for my digital scrapbooking hobby. I first joined a local photo club in Arizona, and now belong to three photo clubs within the two states. I have expanded my photography to many different avenues, which test my skill level, and I learn something new every day. I have received numerous awards within the three clubs as well as regional area competitions in Idaho and Arizona and the northwest, along with numerous awards at our local Fair in Boise. I also won second place in the Statesman's 2014 and 2015 Idaho Outdoors/Idaho Camera Photo Contests plus Honorable Mention recognition. Please feel free to visit my web site: www.karenlowery.smugmug.com and look through my Galleries which include Floral, Creative, Locations, People, Scenery -Nature -Animals, and Sports - Activities. If you find something you would like to purchase, you can contact me through the Contact page on the web site, my email, or by phone. Most photos can be printed in various sizes (some cropping may occur on some photos) and can be available in canvas, metal, or prints. Comments or questions always welcome. Thank you for this opportunity to show you some of my work. "" aren Zotwel karenlowery5@gmail.com - 208-850-1349 October 2015 Dear Meridian Arts Commission, My name is Karen Lowery. I live in Meridian and was born and raised here in the Boise Valley. I started doing photography in 2010 to learn how to take better pictures of my grandkids for my digital scrapbooking hobby. I love doing creative work with photos, and documenting our travels. My pictures are printed on canvas, (some with frames and some not) and also printed on metal for a unique touch. I would display 35-40 photos ranging from approximately $49.00 to $325.00 and range in size from 8 x 8 metals to the 16 x 48 panorama. Photos on the CD are: Pictures 1 & 2 are printed on canvas with a black frame. Picture 3 is a 16 x 48 panorama of the Sawtooth Mountains printed on canvas. Pictures 4 & 5 are printed on metal for a shiny detailed look. I would love the opportunity to display some of my work in the Initial Point Gallery. If I am selected, my months of availability would be limited to May through September since my husband and I winter in Arizona. Thank you for your consideration. 7 CL -,— Karen Lowery Karenlower 55&mail.com 208-850-1349 A 0 ACCEPTANCE 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 �9-vlA day of qr , 2016 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Kris Mannion, 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 ExhibitA, 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 12, 2015, 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 1, 2015, 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 1, 2016, at such time as is specified by the Arts & Culture Specialist, 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 1, 2016, at the direction of the Arts & Culture Specialist; shall allow the display of such work in Initial Point Gallery from July 1, 2016 through July 28, 2016, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on July 29, 2016, at such time as is specified by the Arts & Culture Specialist. ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE I 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 Arts & Culture Specialist, 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 Arts & Culture Specialist 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 1, 2016 and June 1, 2016 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 Arts & Culture Specialist 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 Arts & Culture Specialist 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 Arts & Culture Specialist or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Arts & Culture Specialist or the City ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 2 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 Arts & Culture Specialist 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 Arts & Culture Specialist. 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. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 4 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 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. ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 5 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: Kris Mannion 8783 W. Sloan Street Boise ID 83714 CAK. Hillary Bodnar Arts & Culture Specialist 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 the Effective Date written above. ARTIST: Kris Mannion CITY OF IC • W erd, Mayor V I � ~� UW //- City Of t ts/ s I'IDIAi\ls tC AH0 SES Jaycee AAlman, City Clerk ACCEPTANCE AGREEMENT — INITIAL POINT GALLERY DISPLAY PAGE 6 CALL TO ARTISTS ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 7 Meridian Commission Ca(( for Artists: 2016 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 2016 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 2016 Initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. • Completed, signed Application It 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 16, 2015. SELECTION PROCESS: The selection of art for the 2016 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: Hillary Bodnar 33 East Broadway Avenue Meridian ID 83642 By a -mail: mac@meridiancity.org i ARTIST'S PROPOSAL ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 9 Meridian Commission Application Et Acknowledgments: 2016 INITIAL POINT GALLERY SERIES APPLICANT CONTACT INFORMATION Check one: ❑ 1 am submitting this application as an individual. 0 1 am submitting this application for this organization: I am submitting this application for an informal group: ayy\ 0 V\ G_i rc Mm S .l e ir4) Applicant: Krk A Q /10 v\ Applicant E-mail: VY) ah rn i o v\ 1i 4Q w.s v� LOCM Mailing Address: 0 $ 3 W 510 a V, A 136,sc- 83 c7la Physical Address: SO -W( Applicant Phone: Day: 3 L( S - 414l Evening: Sa ev\c Celt: APPLICATION OVERVIEW: Check all that apply:XI/we propose to fill one half of Initial Point Gallery with two-dimensional artwork. Q I/we propose to fill the entire Initial Point Gallery with two-dimensional artwork. ❑ I/we propose to fill 01 132 03 144 of the display cases with 3D artwork x�l Number of 2D pieces: Average size of 2D pieces: (o�fdT� S Number of 3D pieces: Average size of 3D pieces: Proposed title or theme show: /ir A�PLICATION MATERIALS: / % �,,,,� �c�.wi a�-•-�� �; ru`r� Completed, signed Application Et Acknowledgements Form. (Informal groups: each artist mus st' ignseparate forty.) Biography of artist or informational statement regarding organization, no longer than one 8'h x 11" page; Q" A letter of intent, describing: a. v 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 1d. /Any atypical issues or challenges regarding hanging or display of the works proposed for display. 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. Materials submitted will not be returned. Damaged or non- Aompliant CDs and/or images will not be considered. Images will not be accepted via e-mail. 12 $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 ('/ ") 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 Hanging with Two Cables FIG. 2. BACK OF FRAME ACKNOWLEDGMENTS: tt I, ' &A 'wS i� , hereby acknowledge the following stipulations and agree that if this proposal is selected for display at Initial Poi t Gallery, such display shall occur subject to these general terms and conditions, as well as subject to other specific terms and conditions that shall be set forth in a separate, written Acceptance Agreement between myself and the City of Meridian. I specifically acknowledge that: A. Before my work will be displayed in Initial Point Gallery, I will be required to enter into an Acceptance V�IkL Agreement with the City of Meridian establishing the specific terms and conditions of the display of the particular works displayed. B. If my work is selected for display in Initial Point Gallery, the City of Meridian and its agents wilt "TA` exercise professional care in handling and securing all, artwork displayed in Initial Point Gallery, but cannot and wilt not assume liability for any toss or damage. C. Any insurance of the artwork displayed in Initial Point Gallery shall be the sole responsibility of the A artist. The City of Meridian shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery. D. While artwork displayed in Initial Point Gallery may be passively offered for sale by means of an A informational table, board, or handout as provided or allowed by the City of Meridian, no piece displayed in Initial Point Gallery may have a visible price tag. E. While It is intended that each exhibit in Initial Point Gallery wilt be displayed for a one- to two-month �Ir 'A period, this period may be shortened by the City of Meridian for any reason, without notice to the artist or organization. F. The City may display the work of more than one artist or organization in Initial Point Gallery at any time, at the City's sole discretion. G. Artwork submitted for display in Initial Point Gallery must be original works conceived and created by the artist (or by artist members of the organization) submitting this application. H. Meridian City Hall is primarily a place of public business and Initial Point Gallery is a public place. The INI IA City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that City Halt is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable. To this end, only artists and artwork meeting the eligibility standards described in the Call for Artists and following the terms set forth in the Acceptance Agreement shall be displayed in Initial Point Gallery. I do acknowledge and understand each and all of the foregoing stipulations and do agree to these general terms and conditions. (� , Signature: Print name: J W15r , Parent Signature - If Applicant is Under 18: �J Date: To propose an exhibition in Initial Point Gallery, please submit this form, completed in full, with the required materials and fee, via U.S, mail, to: Meridian Arts Commission Attn: Hillary Bodnar 33 East Broadway Avenue Meridian ID 83642 Thank you for your interest! Meridian ` Commission Meridian Arts Commission Attn: Hillary Bodnar 33 East Broadway Avenue Meridian ID 83642 Re: Statement of Intent 2016 Initial Point Gallery Series Thank you for considering this application to submit our work in the Initial Point Gallery Series for 2016. a) This proposal outlines the work of two independent artists -- Claire Remsberg, painter; and Kris Mannion, ceramic artist, working together as an informal group. The proposed display combines 2D and 31) images around the literal and metaphorical theme ofArt that Nourishes: Contemporary Images of Food and Functional Forms for Dining. Contemporary renderings of familiar fruits, vegetables and other subjects related to food and eating are displayed with modern forms of functional table ware including dishes, serving pieces, bowls and drinking vessels. The exhibit is composed with thoughts about food and the dining experience as sources of artistic expression. Food is a universal need, pleasure and creative joy. Images with food can be traditional, commercial, symbolic and/or faddish. There is still much about food that is an untapped source for artistic expression. Table settings have changed drastically in the last few years, with fewer people sitting for a family meal, and more food eaten on the run. A formal setting that was familiar to parents and grandparents is rarely used; but for those who feel the urge, it is still important to create ambiance and aesthetic pleasure from the eating experience. It is the artist's intent to honor presentation and fine table ware with her collection of porcelain Graphic Elegance. b) The work features approximately a dozen oil paintings on canvas and/or wood, with sizes ranging from 6"x6" to 24" x 36" and priced from $75 to $780; and fifteen to twenty pieces of porcelain ceramic dinnerware are available for display. The number of 31) pieces will align with the available space in the display cases, and the number can be finalized upon acceptance and consultation with curatorial staff. Ceramic work ranges in price from $20 to $45. c) Each artist will utilize her web site, membership in local art associations, and social media to support publicity for the Initial Point Gallery Series. d) There are no atypical issues regarding display with the exception that the size and number of ceramic pieces is dependent upon the display resources of the gallery; it is planned to use all 4 display cases, and up to 20 pieces will be available for selection. Please find the signed application from each artist, a biographical statement on one page from both artists, a CD with 5 digitals, and a $35 application fee. Sincerely, Kris M i Mannion Remsberg Letter of Intent Kris Mannion, biographical statement: Becoming a studio artist is a late in life career change. After years of work in human services, my creative efforts turned to art, and led me to Boise State University at the age of 60, where I obtained the Bachelor of Fine Arts in ceramics. Love of ceramics was a seed that germinated years before academic study, under the tutelage of many fine studio artists in Boise. The BFA was the culmination of 13 years of informal, than formal, study of ceramic art. I have the honor of having been selected to show my work in a dozen juried shows since my first entry into the art market, in 2010. My current interest is the art of ceramic slip casting. The process is precise and labor intensive, from the design and construction of original plaster molds, to the fine hand work involved in finishing and glazing porcelain castings. My goal is to achieve a visual aesthetic featuring clean lines and contemporary colors that are married to forms glazed with a texture that is sensuous to the touch and delightful to hold. My current work is about communicating form rather than telling a story. I am a docent at the Boise Art Museum and a member of BOSCO, the Boise Open Studio Artist Collective. Recent showings have been at Bricolage in downtown Boise and at Gallery Fifty -Five in McCall. My work can be viewed on line and on Facebook, as well as in my Boise studio. Claire Remsberg, biographical statement: Art is a personal journey and a sustaining force. A regular habit of drawing and painting from life helps me to live in the present, capture special moments, and appreciate life's gifts. Though my images tend toward the recognizable, it is essential for them to reveal something beyond realism, with creative attention to intentional color, emotion, and an underlying physical and pictorial structure. The artist's hand, a sense of play, and creativity must be evident in each finished work. I paint from life whenever possible. The most successful pieces are those that happen in joy, without struggle and from the heart. My favorite media is oil paint, but I also enjoy watercolor, acrylic, printmaking and drawing media. My recent explorations are combining drawing effects in paint, using acrylics with oil, and painting on wood. I spent my childhood mostly in Seattle, WA, and continue to grow to full ripeness in Central Idaho, where I have lived since 1992. I studied Fine Arts and Industrial Design at the University of Washington and continually seek to learn, share, teach and promote art in my community. I eat, paint and practice architecture in McCall, Idaho and wherever else I can get away with it. Mannion Remsberg biographical statements ACCEPTANCE 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 2M day of 26r , 2016 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Claire Remsberg, 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 ExhibitA, 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 12, 2015, 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 1, 2015, 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 1, 2016, at such time as is specified by the Arts & Culture Specialist, 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 1, 2016, at the direction of the Arts & Culture Specialist; shall allow the display of such work in Initial Point Gallery from July 1, 2016 through July 28, 2016, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on July 29, 2016, at such time as is specified by the Arts & Culture Specialist. ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE I 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 Arts & Culture Specialist, 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 Arts & Culture Specialist 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 1, 2016 and June 1, 2016 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 Arts & Culture Specialist 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 Arts & Culture Specialist 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 Arts & Culture Specialist or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Arts & Culture Specialist or the City ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 2 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 Arts & Culture Specialist 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 Arts & Culture Specialist. 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. 13. 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. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 4 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 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. ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 5 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: City Claire Remsberg Hillary Bodnar P.O. Box 2523 Arts & Culture Specialist McCall ID 83638 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 the Effective Date written above. ARTIST: Claire Remsberg CITY OF MERIDIAN: Tammy de WPe d; Mayor S&�L Jaycee Wman, City Clerk ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 6 EXHIBIT A CALL TO ARTISTS ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 7 Meridian I Commission Call for Artists: 2016 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 2016 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 2016 Initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. • Completed, signed Application Et Acknowtedgements 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 16, 2015. SELECTION PROCESS: The selection of art for the 2016 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: Hillary Bodnar 33 East Broadway Avenue Meridian ID 83642 By e-mail: mac@meridiancity.org EXHIBIT B ARTIST'S PROPOSAL ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 9 Meridian Commission Application £t Acknowledgments: 2016 INITIAL POINT GALLERY SERIES APPLICANT CONTACT INFORMATION Check one: ❑ 1 am submitting this application as an individual. ❑ 1 am submitting this application for this organization: `X I am submitting this application for an informal group: M QU\r\, 0 v\ 10— t V'__ Levvi 5 be rcj Applicant: Applicant E-mail: Mailing Address: Physical Address: Applicant Phone: So, VA c Day: 3 4 S - al l Evening: Sa w%e Celt: — APPLICATION OVERVIEW: Check all that apply:XI/we propose to fill one half of Initial Point Gallery with two-dimensional artwork. ❑ 1/we propose to fill the entire Initial Point Gallery with two-dimensional artwork. ❑ I/we propose to fill 01 02 03 /)_54 of the display cases with 3D artwork / x31 Number of 2D pieces: Average size of 2D pieces: (a,t `su r C' 4V Number of 3D pieces: i Average size of 3D ieces: (711 Proposed title or theme show: nri A�PLICATIONPMATERIALS: /7 /V6Z_V_1L_ � Completed, signed Application Et Acknowledgements Form. (Informal groups: each artist mussY ign separate forffi. ) Biography of artist or informational statement regarding organization, no longer than one 8%z x 11" page; 5?( A letter of intent, describing: a. v 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 �. /Any atypical issues or challenges regarding hanging or display of the works proposed for display. 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. Materials submitted will not be returned. Damaged or non- C3/1.ompliant CDs and/or images will not be considered. Images will not be accepted via e-mail. $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 ('/a") 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. mer___ ___.. %rrrr__ ___ �ti rcia''•M•c-�• iti'v�r.•r>a�y DART DISPLAY ACKNOWLEDGMENTS: I, OJ &I-S6 , hereby acknowledge the following stipulations and agree that if this proposal is selected for display at Initial Po t Gallery, such display shall occur subject to these general terms and conditions, as well as subject to other specific terms and conditions that shall be set forth in a separate, written Acceptance Agreement between myself and the City of Meridian. I specifically acknowledge that: WA. Before my work will be displayed in Initial Point Gallery, I will be required to enter into an Acceptance ITL Agreement with the City of Meridian establishing the specific terms and conditions of the display of the particular works displayed. B. If my work is selected for display in Initial Point Gallery, the City of Meridian and its agents will exercise professional care in handling and securing all artwork displayed in Initial Point Gallery, but cannot and will not assume liability for any loss or damage. Ar� C. Any insurance of the artwork displayed in Initial Point Gallery shall be the sole responsibility of the artist. The City of Meridian shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery. D. While artwork displayed in Initial Point Gallery may be passively offered for sate by means of an informational table, board, or handout as provided or allowed by the City of Meridian, no piece displayed in Initial Point Gallery may have a visible price tag. E. While it is intended that each exhibit in Initial Point Gallery will be displayed for a one- to two-month period, this period may be shortened by the City of Meridian for any reason, without notice to the artist or organization. F. The City may display the work of more than one artist or organization in Initial Point Gallery at any ' time, at the City's sole discretion. G. Artwork submitted for display in Initial Point Gallery must be original works conceived and created ' a by the artist (or by artist members of the organization) submitting this application. 4� H. Meridian City Halt is primarily a place of public business and Initial Point Gallery is a public place. The City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable. To this end, only artists and artwork meeting the eligibility standards described in the Call for Artists and following the terms set forth in the Acceptance Agreement shall be displayed in Initial Point Gallery. I do acknowledge and understand each and all of the foregoing stipulations and do agree to these general terms and conditions. I B Signature: LPrint name: 1. j�-�, %1 S 1 ` Parent Signature - If Applicant is Under 18: Date: 2-1` To propose an exhibition in Initial Point Gallery, please submit this form, completed in full, with the required materials and fee, via U.S. mail, to: Meridian Arts Commission Attn: Hillary Bodnar 33 East Broadway Avenue Meridian ID 83642 Thank you for your interest! MeridiatnAC4om mission Meridian Arts Commission Attn: Hillary Bodnar 33 East Broadway Avenue Meridian ID 83642 Re: Statement of Intent 2016 Initial Point Gallery Series Thank you for considering this application to submit our work in the Initial Point Gallery Series for 2016. a) This proposal outlines the work of two independent artists -- Claire Remsberg, painter; and Kris Mannion, ceramic artist, working together as an informal group. The proposed display combines 21) and 31) images around the literal and metaphorical theme of Art that Nourishes: Contemporary Images of Food and Functional Forms for Dining. Contemporary renderings of familiar fruits, vegetables and other subjects related to food and eating are displayed with modern forms of functional table ware including dishes, serving pieces, bowls and drinking vessels. The exhibit is composed with thoughts about food and the dining experience as sources of artistic expression. Food is a universal need, pleasure and creative joy. Images with food can be traditional, commercial, symbolic and/or faddish. There is still much about food that is an untapped source for artistic expression. Table settings have changed drastically in the last few years, with fewer people sitting for a family meal, and more food eaten on the run. A formal setting that was familiar to parents and grandparents is rarely used; but for those who feel the urge, it is still important to create ambiance and aesthetic pleasure from the eating experience. It is the artist's intent to honor presentation and fine table ware with her collection of porcelain Graphic Elegance. b) The work features approximately a dozen oil paintings on canvas and/or wood, with sizes ranging from 6"x6" to 24" x 36" and priced from $75 to $780; and fifteen to twenty pieces of porcelain ceramic dinnerware are available for display. The number of 31) pieces will align with the available space in the display cases, and the number can be finalized upon acceptance and consultation with curatorial staff. Ceramic work ranges in price from $20 to $45. c) Each artist will utilize her web site, membership in local art associations, and social media to support publicity for the Initial Point Gallery Series. d) There are no atypical issues regarding display with the exception that the size and number of ceramic pieces is dependent upon the display resources of the gallery; it is planned to use all 4 display cases, and up to 20 pieces will be available for selection. Please find the signed application from each artist, a biographical statement on one page from both artists, a CD with 5 digitals, and a $35 application fee. Sincerely, Kris M Mannion Remsberg Letter of Intent Kris Mannion, biographical statement: Becoming a studio artist is a late in life career change. After years of work in human services, my creative efforts turned to art, and led me to Boise State University at the age of 60, where I obtained the Bachelor of Fine Arts in ceramics. Love of ceramics was a seed that germinated years before academic study, under the tutelage of many fine studio artists in Boise. The BFA was the culmination of 13 years of informal, than formal, study of ceramic art. I have the honor of having been selected to show my work in a dozen juried shows since my first entry into the art market, in 2010. My current interest is the art of ceramic slip casting. The process is precise and labor intensive, from the design and construction of original plaster molds, to the fine hand work involved in finishing and glazing porcelain castings. My goal is to achieve a visual aesthetic featuring clean lines and contemporary colors that are married to forms glazed with a texture that is sensuous to the touch and delightful to hold. My current work is about communicating form rather than telling a story. I am a docent at the Boise Art Museum and a member of BOSCO, the Boise Open Studio Artist Collective. Recent showings have been at Bricolage in downtown Boise and at Gallery Fifty -Five in McCall. My work can be viewed on line and on Facebook, as well as in my Boise studio. Claire Remsberg, biographical statement: Art is a personal journey and a sustaining force. A regular habit of drawing and painting from life helps me to live in the present, capture special moments, and appreciate life's gifts. Though my images tend toward the recognizable, it is essential for them to reveal something beyond realism, with creative attention to intentional color, emotion, and an underlying physical and pictorial structure. The artist's hand, a sense of play, and creativity must be evident in each finished work. I paint from life whenever possible. The most successful pieces are those that happen in joy, without struggle and from the heart. My favorite media is oil paint, but I also enjoy watercolor, acrylic, printmaking and drawing media. My recent explorations are combining drawing effects in paint, using acrylics with oil, and painting on wood. I spent my childhood mostly in Seattle, WA, and continue to grow to full ripeness in Central Idaho, where I have lived since 1992. I studied Fine Arts and Industrial Design at the University of Washington and continually seek to learn, share, teach and promote art in my community. I eat, paint and practice architecture in McCall, Idaho and wherever else I can get away with it. Mannion Remsberg biographical statements ACCEPTANCE 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 2v%A day of x, 2016 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Ian Smith, 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 12, 2015, 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 1, 2015, 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 1, 2016, at such time as is specified by the Arts & Culture Specialist, 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 1, 2016, at the direction of the Arts & Culture Specialist; shall allow the display of such work in Initial Point Gallery from July 1, 2016 through July 28, 2016, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on July 29, 2016, at such time as is specified by the Arts & Culture Specialist. ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE I 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 Arts & Culture Specialist, 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 Arts & Culture Specialist 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 1, 2016 and June 1, 2016 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 Arts & Culture Specialist 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 Arts & Culture Specialist 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 Arts & Culture Specialist or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Arts & Culture Specialist or the City ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 2 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 Arts & Culture Specialist 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 Arts & Culture Specialist. 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. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 4 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 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. ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 5 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: Ian Smith 2568 S. Velvet Falls Way Meridian ID 83642 Clty Hillary Bodnar Arts & Culture Specialist 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 the Effective Date written above. ARTIST: Ian Smit CITY OF MERIDIAN: • Tammy de�/ rd, Mayor L A GG r J� City of IDAHO Jaycee lman, City Clerk ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 6 EXHIBIT A CALL TO ARTISTS ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 7 AV Meridian Commission Call for Artists: 2016 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 2016 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 2016 Initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. • Completed, signed Application It 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 16, 2015. SELECTION PROCESS: The selection of art for the 2016 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: Hillary Bodnar 33 East Broadway Avenue Meridian ID 83642 By e-mail: macCmeridiancity.org EXHIBIT B ARTIST'S PROPOSAL ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 9 Meridian Commission APPLICANT CONTACT INFORMATION Check one: I am submitting this application as an individual. ❑ 1 am submitting this application for this organization: ❑ 1 am submitting this application for an informal RrouD: Applicant: Applicant E-mail: Mailing Address: Physical Address: Applicant Phone: , &� Lk^ 7,5-G8 s Ue[ve+' r,.Ils Way, nte'v;A"L'. (0 B364z Day: _IOg-8$7-11rsj Evening: Cell: Zag - 974'- 9Z 9f APPLICATION OVERVIEW: Check all that apply: gl/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 03 114 of the display cases with 3D artwork Number of 2D pieces: 17,- fS Average size of 2D pieces: IG " X 20 " Number of 3D pieces: Average size of 3D pieces: Proposed title or theme of show: APPLICATION MATERIALS: Completed, signed Application ft Acknowledgements Form. (Informal groups: each artist must sign separate form.) Biography of artist or informational statement regarding organization, no longer than one 8'/2 x 11" page; 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. 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. 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. $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 (�Y4") 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. 71sp:10 FIS^yliE} lY:1Jt ?ort f„b!ex FIG. 2. BACK OF FRAME .?:...... �, ...... A —^F d....... rr........ .X ............. .. � ....,..lee .. ! 'k-.. 'S S sty” �.. `�.. •�* FIG. 3. 3DART DISPLAY CASES tt�� ACKNOWLEDGMENTS: 1,ti , hereby acknowledge the following stipulations and agree that if this proposal is selected for display at Initial Point Gallery, such display shall occur subject to these general terms and conditions, as well as subject to other specific terms and conditions that shall be set forth in a separate, written Acceptance Agreement between myself and the City of Meridian. I specifically acknowledge that: A. Before my work will be displayed in Initial Point Gallery, I wilt be required to enter into an Acceptance INITIAL Agreement with the City of Meridian establishing the specific terms and conditions of the display of the particular works displayed. B. If my work is selected for display in Initial Point Gallery, the City of Meridian and its agents will INITIAL exercise professional care in handling and securing all artwork displayed in Initial Point Gallery, but cannot and will not assume liability for any loss or damage. C. Any insurance of the artwork displayed in Initial Point Gallery shalt be the sole responsibility of the (TIAL artist. The City of Meridian shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery. !� D. While artwork displayed in Initial Point Gallery may be passively offered for sale by means of an INITIAL informational table, board, or handout as provided or allowed by the City of Meridian, no piece displayed in Initial Point Gallery may have a visible price tag. E. While it is intended that each exhibit in Initial Point Gallery will be displayed for a one- to two-month INITIAL period, this period may be shortened by the City of Meridian for any reason, without notice to the artist or organization. F. The City may display the work of more than one artist or organization in Initial Point Gallery at any ITI time, at the City's sole discretion. G. Artwork submitted for display in Initial Point Gallery must be original works conceived and created INITIAL by the artist (or by artist members of the organization) submitting this application. H. Meridian City Hall is primarily a place of public business and Initial Point Gallery is a public place. The NITIAL City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable. To this end, only artists and artwork meeting the eligibility standards described in the Call for Artists and following the terns set forth in the Acceptance Agreement shall be displayed in Initial Point Gallery. I do acknowledge and understand each and all of the foregoing stipulations and do agree to these general terms and conditions. Signature: Print name: �� &.,A L+ Parent Signature - If Applicant is Under 18: Date: lq Oc/n6,—ZolS' To propose an exhibition in Initial Point Gallery, please submit this form, completed in full, with the required materials and fee, via U.S. mail, to: Meridian Arts Commission Attn: Hillary Bodnar 33 East Broadway Avenue Meridian ID 83642 Thank you for your interest) Meridian Commission Ian Smith 2568 S Velvet Falls Way Meridian, ID 83642 208-887-3859 ianksmith@yahoo.com MERIDIAN ARTS COMMISSION Attn: Hillary Bodnar 33 East Broadway Avenue Meridian, ID 83642 :: LETTER OF INTENT:: Thank you for the opportunity to apply for the 2016 Initial Point Gallery Series. I'm a professional editor and writer living in south Meridian, and recently began painting after a 20 year hiatus. With my artistic work I seek to capture the emotion of a given moment or experience, and (as with my profession) communicate that clearly to the viewer. For this display, I will bring oil paintings that showcase various charming destinations, including placid lakes and 200 -year-old European cottages. Viewers will vicariously experience a bit of warm nostalgia for peaceful settings and simpler times by immersing themselves in my interpretations. My publicity efforts will include robust social media postings within several Meridian -area groups. I do not foresee any challenges regarding hanging or display of my works. Please note that I have a display commitment elsewhere in the valley during April 2016, so if I am selected for the Initial Point Gallery I will need to schedule away from that time of year. :: INDEX OF PIECES:: Pieces are in order of size. Ti i'LE MEDIUM SIZE PRICE 1 Indian Beach Oil on canvas 12 x 36 NFS 2 Sandhamn Oil on canvas 16 x 20 NFS 3 Porch at Rosendalsvagen 3 Oil on canvas 16 x 20 NFS 4 Flotilla Oil on canvas 16 x 20 NFS 5 After the Rain Oil on canvas 16 x 20 NFS 6 Falls River OR on canvas 16 x 20 NFS 7 A Noble Endeavor Oil on canvas 16 x 20 NFS 8 The Wanring Oil on canvas 16 x 20 NFS 9 Outcrop, South Rim Oil on canvas 20 x 16 NFS 10 Royal Guard Oil on canvas 10 x 8 NFS 11 Stortorget Oil on canvas 8 x 10 NFS 12 Strandhaus Oil on art board 8 x 10 NFS Pieces are in order of size. :: ARTIST BIO:: Born in Honolulu and raised in Washington state, Ian Smith spent much of his childhood practicing to be a comic strip artist (such as with his superhero series, "Guk-man and Pong," created at age 9). He later expanded to political cartoons for the high school paper and developed the odd hobby of penciling interpretations of black -and -white news photographs. During his junior year in high school, his art teacher encouraged him to try painting. Emboldened by some modest success in local shows, he entered college considering a career as a painter but eventually majored in English. After a decade working as a business editor in Seattle, he moved with his family to the and sunshine of Meridian, Idaho, in 2007. Ian continues to work as an editor and writer for organizations worldwide—but recently, after a 20 -year hiatus, picked up his brushes once more to rediscover this beautiful, neglected passion of his youth. :: ARTIST STATEMENT:: I've always been fascinated by the power of a still image. Whether it was a comic book panel, a news photograph, an album cover, or a Monet painting, the layers of unspoken meaning expressed by colors and contrasts have transfixed my attention ever since childhood. Back in the day, I covered the walls of my room with posters and pictures of nearly anything -nature scenes, movie stills, rock bands, cartoons, clippings from news magazines—any image that captured the essence of a dramatic moment or expressed a compelling sentiment. My art is an effort to capture the emotion of a given moment or experience, and then express it in my own language. Like telling others about my latest favorite album or movie—"Have you seen this'" "Have you heard this?"—I work to share the evocative moods and moments that connect and enlighten us. With each piece, I seek to create something beautiful that people want to look at, and look at long enough to glimpse what I saw, for just a fleeting, meaningful moment, and make it their own. Thank you for looking. ian smith ACCEPTANCE 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 2-M ' day of , 2016 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Dwight and Barbara Williams, two individual persons ("Artists"). (City and Artists 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, Artists 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 12, 2015, the Meridian Arts Commission ("Commission") reviewed the responses to the Call to Artists, selected Artists' work for display based on the Proposal, and recommended to the Meridian City Council that Artists' artwork, as depicted in the Proposal, be displayed in Initial Point Gallery; WHEREAS, at its regular meeting on December 1, 2015, the Meridian City Council adopted such recommendation and directed the Commission to work with Artists to establish a display of Artists' 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 Artistsic 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. Artists shall personally deliver to Initial Point Gallery, on July 29, 2016, at such time as is specified by the Arts & Culture Specialist, artwork which shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Artists shall be responsible for hanging such artwork on July 29, 2016, at the direction of the Arts & Culture Specialist; shall allow the display of such work in Initial Point Gallery from July 29, 2016 through September 1, 2016, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on September 2, 2016, at such time as is specified by the Arts & Culture Specialist. ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 1 II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artists shall display Artists' artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artists for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artists may, at the direction of and in the manner established by the Arts & Culture Specialist, 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 Artists' work; any transaction related to the sale of artwork shall be handled solely by Artists. Artists acknowledges the Commission's request that Artists 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, Artists may remove such artwork from the Gallery, provided that Artists replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Artists shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Arts & Culture Specialist prior to such activity. III. TIME OF PERFORMANCE. Artists shall provide services described in this Agreement in a timely manner, as described herein. Artists 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, Artists shall coordinate any and all such activity with the Gallery Curator. Artists shall be responsible for contacting the Gallery Curator between May 29, 2016 and June 29, 2016 to confirm details regarding the installation, removal, publicity, and promotion of the exhibit. Artists' 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 Arts & Culture Specialist and/or the City may inspect and/or review the artwork proposed by Artists 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 Arts & Culture Specialist 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 Arts & Culture Specialist or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Arts & Culture Specialist or the City ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 2 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. Artists warrant that any and all artwork provided by Artists for display in Initial Point Gallery shall be, and is, original work conceived and created by Artists. 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, Artists 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 Artists' name. Artists hereby convey to City permission to use Artists' names for purposes of advertising, marketing, and public information, without violation of Artists' rights of privacy or any other rights Artists may possess under this Agreement, provided that City shall not use Artists' logo, if any, for any purpose without the express, written permission of Artists. D. Use of City's name. City hereby conveys to Artists 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 Artists 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 Artists' 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 Artists in the manner set forth herein. While it is intended that Artists' 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 Artists. F. Removal of artwork by Artists. Artists shall coordinate with the Arts & Culture Specialist 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 Artists 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 Arts & Culture Specialist. ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 3 VI. INDEMNIFICATION, WAIVER, AND INSURANCE. A. Indemnification. Artists 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 Artists or Artists' servants, agents, employees, guests, and/or invitees. B. Waiver. Artists 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 Artists' 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 Artists' 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 Artists in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artists' person, property, or interests; and/or of the Artists' employees or agents shall be the sole responsibility of Artists. Artists shall obtain all necessary insurance as may be required in order to protect Artists' 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. Artists 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 Artists have 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 Artists. C. Termination upon death or incapacity of Artists. This Agreement shall automatically terminate upon the death or incapacity of Artists. ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 4 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 each 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 either Artist and City or between either Artist and any official, agent, or employee of City. Both parties acknowledge that neither Artist is an employee of City. Artists 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, Artists 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, Artists 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. Artists shall not subcontract or assign any of Artists' obligations under this Agreement that require or that may require Artists' Artistsic talent or expertise. Artists may subcontract or assign obligations that do not require Artists' Artistsic talent or 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. ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 5 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: Artists: Dwight and Barbara Williams 655 E. Kingsford Drive Meridian ID 83642 City Hillary Bodnar Arts & Culture Specialist 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 the Effective Date written above. ARTISTS: I Dwight illiams CITY OF MERIDIAN: Tammy Barbara Williams (A Jaycee man, City Clerk ACCEPTANCE AGREEMENT — INITIAL POINT GALLERY DISPLAY PAGE 6 EXHIBIT A CALL TO ARTISTS ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 7 Meridian Commission Call for Artists: 2016 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 2016 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 2016 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 16, 2015. SELECTION PROCESS: The selection of art for the 2016 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: Hillary Bodnar 33 East Broadway Avenue Meridian ID 83642 By a -mail: mac@meridiancity.org Ill ARTISTS' PROPOSAL ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 9 7 Meridian Commission Application 6r Acknowledgments: 2016 INITIAL POINT GALLERY SERIES APPLICANT CONTACT INFORMATION Check one: Ki am submitting this application as an iad4yWui0Xe "?1e _- ❑ 1 am submitting this application for this organization: ❑ 1 am submitting this aDDlication for an informal erouD: Applicant: Applicant E-mail: Mailing Address: Physical Address: Applicant Phone: Day: %1-b413 Evening:16-MC- Cell: b - fo APPLICATION OVERVIEW: Check all that apply: ❑ 1/we propose to fill one half of Initial Point Gallery with two-dimensional artwork. Q5 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: O—LI Y- , 3o Average size of 2D pieces: 26 K y3D Number of 3D pieces: Average size of 3D pieces: Proposed title or theme of show:y ZD AIDO m r C3 CZ �T' � t tJ APPLICATION MATERIALS: ER Completed, signed Application & Acknowledgements Form. (Informal groups: each artist must sign separate form.) ® Biography of artist or informational statement regarding organization, no longer than one 8%: x 11" page; ® 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. M 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 50, in .Jpg format. Materials submitted will not be returned. Damaged or non- compliant CDs and/or images will not be considered. Images will not be accepted via a -mail. ❑ $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/a") 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. ACKNOWLEDGMENTS: I, Dr AWA F ( W It- 1--IA�M�ereby acknowledge the following stipulations and agree that if this proposal is selected for display at Initial Point Gallery, such display shall occur subject to these general terms and conditions, as well as subject to other specific terms and conditions that shalt be set forth in a separate, written Acceptance Agreement between myself and the City of Meridian. I specifically acknowledge that: WA. Before my work will be displayed in Initial Point Gallery, I will be required to enter into an Acceptance IT, Agreement with the City of Meridian establishing the specific terms and conditions of the display of the particular works displayed. 2L� B. INITIAL C. TWMAL D. L E. F. G. If my work is selected for display in Initial Point Gallery, the City of Meridian and its agents will exercise professional care in handling and securing all artwork displayed in Initial Point Gallery, but cannot and will not assume liability for any loss or damage. Any insurance of the artwork displayed in Initial Point Gallery shall be the sole responsibility of the artist. The City of Meridian shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery. While artwork displayed in Initial Point Gallery may be passively offered for sale by means of an informational table, board, or handout as provided or allowed by the City of Meridian, no piece displayed in Initial Point Gallery may have a visible price tag. While it is intended that each exhibit in Initial Point Gallery will be displayed for a one- to two-month period, this period may be shortened by the City of Meridian for any reason, without notice to the artist or organization. The City may display the work of more than one artist or organization in Initial Point Gallery at any time, at the City's sole discretion. Artwork submitted for display in Initial Point Gallery must be original works conceived and created by the artist (or by artist members of the organization) submitting this application. H. Meridian City Halt is primarily a place of public business and Initial Point Gallery is a public place. The City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feet welcome and comfortable. To this end, only artists and artwork meeting the eligibility standards described in the Call for Artists and following the terms set forth in the Acceptance Agreement shall be displayed in Initial Point Gallery. I do acknowledge and understand each and all of the foregoing stipulations and do agree to these general terms and conditions. r/)A9M& Signature: Print name: gJVV��'7 '%t/ 1W D21S Parent Signature - If Applicant is Under 18: Date: Zoo�.5 To propose an exhibition in Initial Point Gallery, please submit this form, completed in full, with the required materials and fee, via U.S. mail, to: Meridian Arts Commission Attn: Hillary Bodnar 33 East Broadway Avenue Meridian ID 83642 Thank you for your interestl Meridian Commission ACKNOWLEDGMENTS: I, iZ /rI jAlU hereby acknowledge the following stipulations and agree that if this proposal is selected for display at Initial Point Gallery, such display shall occur subject to these general terms and conditions, as well as subject to other specific terms and conditions that shall be set forth in a separate, written Acceptance Agreement between myself and the City of Meridian. I specifically acknowledge that: A. Before my work will be displayed in Initial Point Gallery, I will be required to enter into an Acceptance INITIAL Agreement with the City of Meridian establishing the specific terms and conditions of the display of the particular works displayed. B. If my work is selected for display in Initial Point Gallery, the City of Meridian and its agents will IAL exercise professional care in handling and securing all artwork displayed in Initial Point Gallery, but cannot and will not assume liability for any loss or damage. C. Any insurance of the artwork displayed in Initial Point Gallery shall be the sole responsibility of the 'N"' L artist. The City of Meridian shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery. �i D. While artwork displayed in Initial Point Gallery may be passively offered for sale by means of an NITIA informational table, board, or handout as provided or allowed by the City of Meridian, no piece displayed in Initial Point Gallery may have a visible price tag. 2 E. While it is intended that each exhibit in Initial Point Gallery will be displayed for a one- to two-month TWAT- period, this period may be shortened by the City of Meridian for any reason, without notice to the artist or organization. F. The City may display the work of more than one artist or organization in Initial Point Gallery at any ' ' time, at the City's sole discretion. G. Artwork submitted for display in Initial Point Gallery must be original works conceived and created 'VA by the artist (or by artist members of the organization) submitting this application. " "Al M2 H. Meridian City Hall is primarily a place of public business and Initial Point Gallery is a public place. The IN TIAL City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable. To this end, only artists and artwork meeting the eligibility standards described in the Call for Artists and following the terms set forth in the Acceptance Agreement shall be displayed in Initial Point Gallery. I do acknowledge and understand each and all of the foregoing stipulations and do agree to these general terms and conditions. Signature: Ai &, &�� Print name:., r ba- r g, "' 441, a Y,-> S Parent Signature - If Applicant is Under 18: Date: To propose an exhibition in Initial Point Gallery, please submit this form, completed in full, with the required materials and fee, via U.S. mail, to: Meridian Arts Commission Attn: Hillary Bodnar 33 East Broadway Avenue Meridian ID 83642 Thank you for your interestl 'a— Meridian Commission INTENT Dwight and I have toured in Britain many times and have planned our trips to include interesting historical, literary, and artistic locations that most vacationing Americans never see. We'd like to share those places with his paintings and drawings and my photographs. We enjoyed the way Joyce Green mixed photos and paintings throughout her show this year and our plan is to do something similar to give the exhibit a visually varied look. Mixing paintings and photos, often of similar or identical locations, we think will add to the interest. If we're chosen to exhibit in 2016 we would request that we exhibit no sooner than April due to extensive preparation on our part for the kind of exhibit we have planned. Barbara Williams Dwight Williams 655 E. Kingsford Dr., Meridian 887-6473 dwight533Z2Q,c0in Dwight has painted watercolors. taught studio classes, and conducted workshops and painting demonstrations for the last fifty years. His work is included in many personal, corporate and international collections throughout the U.S., Canada, Britain, France, Austria and Germany. Over the years his work has frequently been in juried exhibits throughout the nation. From the early ig8os well into this century his western American themes have been supplemented with a large and colorful collection of British landscapes and architectural subjects. These are the result of extensive travel on the backroads of England, Scotland and Wales. Recently Mr. Williams has produced a retrospective book entitled Fifty Years of Watercolor including many reproductions of his work over the last five decades. He says he's working on the next fifty years at the present time. He was an original member of the Meridian Arts Commission. From it's beginning he was also the Curator of Initial Point Gallery until his retirement in February 2015. BARBARA'S BIOGRAPHY I grew up near Kansas City but have lived in the American West for 55 years. The last few years I have traveled extensively in Britain and have found the intense beautiful colors of the classical British gardens and villages fascinating. These have inspired an extensive collection of photographs. Early on I attended Baker University near Kansas City where my major was music with concentration on pipe organ. A while later I thoroughly enjoyed working for and receiving a certificate in Fiction Writing from the Famous Writers School. At Boise State University I obtained a degree in Literary Criticism which has resulted in three published books. Writing and photography seem to work well together. I often use scenes I have photographed for background and location in my novels. Several photos have won nice awards at the Western Idaho Fair. ACCEPTANCE 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 2 M day of , 2016 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Karl Henke, 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 12, 2015, 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 1, 2015, 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 September 2, 2016, at such time as is specified by the Arts & Culture Specialist, 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 September 2, 2016, at the direction of the Arts & Culture Specialist; shall allow the display of such work in Initial Point Gallery from September 2, 2016 through September 29, 2016, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on September 30, 2016, at such time as is specified by the Arts & Culture Specialist. ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE I 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 Arts & Culture Specialist, 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 Arts & Culture Specialist 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 July 2, 2016 and August 2, 2016 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 Arts & Culture Specialist 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 Arts & Culture Specialist 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 Arts & Culture Specialist or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Arts & Culture Specialist or the City ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 2 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 Arts & Culture Specialist 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 Arts & Culture Specialist. 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. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 4 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 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. ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 5 1. 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: Karl Henke 717 W. Hays St., Apt.".0'a 2 Boise ID 83702 k City: Hillary Bodnar Arts & Culture Specialist 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. Exeelrtion 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 written above. ARTIST: 1/ k-'-, / _ Ka rl Henke CITY m BY: Tamm e W crd, Mayor :z J I City of i Ti l"L?IA NUI 5DAliO IT i5 E�/5r iFE �SU�,r Jayceec Imam, City Clerk ACcu'rANCI? Aaar.6MFN r - INITIAL POINT GALLEIiY Dism AY PA(;F 6 EXHIBIT A CALL TO ARTISTS ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 7 Meridian Commission Ca(( for Artists: 2016 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 2016 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 safety 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 2016 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 16, 2015. SELECTION PROCESS: The selection of art for the 2016 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: Hillary Bodnar 33 East Broadway Avenue Meridian ID 83642 By e-mail: mac@meridiancity.org EXHIBIT B ARTIST'S PROPOSAL ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 9 Meridian Commission Application Et Acknowledgments: 2016 INITIAL POINT GALLERY SERIES APPLICANT CONTACT INFORMATION Check one: ❑ 1 am submitting this application as an individual. ❑ 1 am submitting this application for this organization: ® 1 am submitting this application for an informal group: C fiiYC Applicant: Applicant E-mail: Mailing Address: Physical Address: Applicant Phone: Evening: -- Cell: 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: Number of 3D pieces: 15 ( IAGIk Average size of 3D pieces: 2 •4s1" L-. '- Proposed title or theme of show: 1) Z U. APPLICATION MATERIALS: Rr Completed, signed Application Et Acknowledgements Form. (Informal groups: each artist must sign separate form.) 16 Biography of artist or informational statement regarding organization, no longer than one 8V2 x 11" page; Er 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. ®' 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. 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. @' $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 ('/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. I K. FIG. 3. 3D ART DISPLAY CASES ACKNOWLEDGMENTS: I, Karl Henke , hereby acknowledge the following stipulations and agree that if this proposal is selected for display at Initial Point Gallery, such display shall occur subject to these general terms and conditions, as well as subject to other specific terms and conditions that shall be set forth in a separate, written Acceptance Agreement between myself and the City of Meridian. I specifically acknowledge that: KH A. Before my work will be displayed in Initial Point Gallery, I will be required to enter into an Acceptance INITAL Agreement with the City of Meridian establishing the specific terms and conditions of the display of the particular works displayed. KH B If my work is selected for display in Initial Point Gallery, the City of Meridian and its agents will INITIAL exercise professional care in handling and securing all artwork displayed in Initial Point Gallery, but cannot and will not assume liability for any loss or damage. KH C. Any insurance of the artwork displayed in Initial Point Gallery shall be the sole responsibility of the INITIAL artist. The City of Meridian shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery. KH D. While artwork displayed in Initial Point Gallery may be passively offered for sale by means of an INITIAL informational table, board, or handout as provided or allowed by the City of Meridian, no piece displayed in Initial Point Gallery may have a visible price tag. KH E. While it is intended that each exhibit in Initial Point Gallery will be displayed for a one- to two-month INITIAL period, this period may be shortened by the City of Meridian for any reason, without notice to the artist or organization. KH F. The City may display the work of more than one artist or organization in Initial Point Gallery at any Nom"` time, at the City's sole discretion. KH G. Artwork submitted for display in Initial Point Gallery must be original works conceived and created NIRTIAL by the artist (or by artist members of the organization) submitting this application. KH H. Meridian City Hall is primarily a place of public business and Initial Point Gallery is a public place. The INITIAL City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable. To this end, only artists and artwork meeting the eligibility standards described in the Call for Artists and following the terms set forth in the Acceptance Agreement shall be displayed in Initial Point Gallery. I do acknowledge and understand each and all of the foregoing stipulations and do agree to these general terms and conditions. Signature: Karl Henke Parent Signature - If Applicant is Under 18: Date: 9-29-2015 Print name: Karl Henke To propose an exhibition in Initial Point Gallery, please submit this form, completed in full, with the required materials and fee, via U.S. mail, to: Meridian Arts Commission Attn: Hillary Bodnar 33 East Broadway Avenue Meridian ID 83642 Thank you for your interestl 'a - Meridian Commission September 29, 2015 Meridian Arts Commission Attn: Hillary Bodnar 33 East Broadway Avenue Meridian ID 83642 Re: Call for Artists: 2016 Initial Point Gallery Series Dear Hillary Bodnar and Members of the Meridian Arts Commission, Please accept this Letter of Intent as part of our application materials for the 2016 Initial Point Gallery Series. Per the proposal requirements, attached with this letter are three (3) Application & Acknowledgement forms, three (3) biographies (one for each of the three artists in our group), five (5) digital images on DVD representing the works proposed for display, and a $35 gallery maintenance fee. We are Liz Flores, Maria Garth, and Karl Henke; local artists in Boise, Idaho. Being familiar with your past exhibition programs, we believe that our work is well-suited to your Initial Point Gallery, and we would like to take this opportunity to submit a proposal for your consideration. VISION/THEME In the 1960s, photographer Ed Ruscha became famous for his work with typologies. Ruscha published multiple books each dedicated to a single subject, the most famous of which include swimming pools, gasoline stations, and buildings on the Sunset Strip. In photography, typologies present a way of exploring a single subject with a dedication that borders on the obsessive. Photographing every instance of something can be an opportunity for the photographer to document and draw attention to a particular thing or subject. For the viewer, it's an opportunity to compare and contrast the qualities of a particular thing—a method for better understanding the photographer's chosen subject. Building on that theme, this collaborative series seeks to explore the phenomenon of naturally and artificially occurring twos through a photography exhibition titled Deux. Of interest are things that come in pairs or doubles. On a formal level, this project is a visual exercise intended to facilitate active looking and engagement with our surroundings. We are seeking to document and explore how, if, and when things come in twos. In reference to the history of photography, this project seeks to explore the metaphor of the double in photography. PROJECT DESCRIPTION Each of the three photographers in the group will take ten (5) digital photographs for the project, with a goal of having fifteen (15) total finished photographs for the exhibition. All photographs will be in color and printed on archival inkjet paper. We propose to fill the entire Initial Point Gallery with two-dimensional hanging work. Alternatively, we are open to filling half of Initial Point Gallery, and would like to leave the final decision up to the discretion of the selection committee. For the exhibition, the photographs will be professionally matted and framed. Each color photograph will be presented in a square format of a 1:1 ratio, with a finished size of twenty-four by twenty-four inches (24" x 24"). Each image will be described by a caption. A written statement and price list will accompany the images. Each framed and matted photograph will be for sale at the price of $260 each. Each print (edition of 2) will be for sale at the price of $140. We will voluntarily donate to the Meridian Arts Commission (MAC) 20% of proceeds from the sale of each sold photograph or print displayed in Initial Point Gallery. PUBLICITY If our proposal is selected by the MCA for an exhibition in Initial Point Gallery, we will undertake complementary publicity for the exhibition at no cost to the MCA or Initial Point Gallery. We will promote the exhibition on our group Facebook page and our own individual websites and social media accounts; send two promotional announcements via an online newsletter to our mailing list of artists, collectors, arts organizations, and local media; and design and print promotional postcards for the exhibition. DISPLAY REQUIREMENTS We are confident that our exhibition proposal displays high-quality, professional work. We are committed to exhibition work at Initial Point Gallery that displays appropriateness of subject and concept for a functioning government workplace and is consistent with Meridian City policy and community values. Furthermore, we seek of contribute to the aesthetic and cultural atmosphere of Meridian City Hall. We acknowledge that we have read Initial Point Gallery's display requirements, and we do not foresee any issues or challenges regarding hanging or displaying the works proposed for display. In conclusion, please accept this Letter of Intent and our application materials for consideration of inclusion in the 2016 Initial Point Gallery series. We look forward to hearing from you and would welcome the opportunity to discuss our proposal in more detail. You may reach us via our group's main point of contact, Karl Henke, via email at karl.henke@gmail.com, or by phone at (208) 447-7171. We hope that we have the opportunity to speak with you soon, and we thank you for your consideration of our application. Sincerely, Liz Flores Karl Henke Maria Garth September 29, 2015 Meridian Arts Commission Attn: Hillary Bodnar 33 East Broadway Avenue Meridian ID 83642 Re: Call for Artists: 2016 Initial Point Gallery Series Informational Paragraph Pinxit Collective is a membership -based professional group of visual artists working in photographic media. It is committed to supporting and promoting the work of emerging artists in Idaho. It was founded in 2014 by Liz Flores, Maria Garth, and Karl Henke, in Boise, Idaho. Liz Flores is visual artist born in California and based in Boise, Idaho. She received her Bachelor of Fine Arts degree with an emphasis in Photography from Boise State University in 2012. Her work has been shown in a solo exhibition at Bricolage in Boise, Idaho, and various group exhibitions. She utilizes photography to explore visual connections in everyday life, architecture, and objects. You can find more information about her at bylizflores.tumblr.com. Maria V. Garth is an American visual artist born in Russia and based in Boise, Idaho. She received a Bachelor of Fine Arts degree in Visual Art with an emphasis in Photography from Boise State University in 2013. Her work has been shown in various local exhibitions, including at the Visual Arts Center and the Student Union Gallery at Boise State University. More of her work can be found on her website at mariagarth.com. Karl Henke is a visual artist born in California and living in Boise, Idaho. He received a Bachelor of Fine Arts degree in Photography and Illustration from Boise State University in 2012. His work has been included in solo and group exhibitions locally and internationally. His work centers on photographic -based imagery involving transfer processes and typologies. It is often rational in form and focused on concepts of place and identity. Common themes in his work include metaphoric symbols of nature, geometry, and insects. Recently, he has worked with The Boys and Girls Club on a project called To Be of Service, where club members were introduced to photography. For more information, please visit: karlhenke.tumbir.com. ACCEPTANCE 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 :�,Ad day of kbnl or , 2016 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Liz Flores, 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 12, 2015, 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 1, 2015, 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 September 2, 2016, at such time as is specified by the Arts & Culture Specialist, 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 September 2, 2016, at the direction of the Arts & Culture Specialist; shall allow the display of such work in Initial Point Gallery from September 2, 2016 through September 29, 2016, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on September 30, 2016, at such time as is specified by the Arts & Culture Specialist. ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE I 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 Arts & Culture Specialist, 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 Arts & Culture Specialist 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 July 2, 2016 and August 2, 2016 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 Arts & Culture Specialist 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 Arts & Culture Specialist 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 Arts & Culture Specialist or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Arts & Culture Specialist or the City ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 2 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 Arts & Culture Specialist 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 Arts & Culture Specialist. 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. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 4 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 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. ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 5 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: City. Liz Flores Hillary Bodnar 717 W. flays St., Apt, fi#l2•� Arts & Culture Specialist Boise ID 83702 33 E. Broadway Avc. Meridian ID 83642 Either party may change its respective nailing 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 the Effective Date written above. ARTIST: CITY'OI+ MERIDIAN: BY: Tammy de cer , Mayor �nrKUD Use Al . ja i JC) of /6, )JA r .i�ontio SEAa� 'r T cee 1{ ►1 nan, City Clerk AmAq'ANCIi AGREGMENI'— INITIAL POINT GALLERY DISPLAY PAGF 0 EXHIBIT A CALL To ARTISTS /SCC rl'ANC ii A(3iu GNlENT - INI'T'IAL POINT' CALLLItY DISPLAY PAGH 7 Meridian Commission Call for Artists: 2016 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 2016 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 safety 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 2016 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 16, 2015. SELECTION PROCESS: The selection of art for the 2016 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: Hillary Bodnar 33 East Broadway Avenue Meridian ID 83642 By e-mail: mac@meridiancity.org ARTIST'S PROPOSAL Acci:VTANCL ACiREEMENl' o INITIAL POINT GALLERY DISPLAY PAGE 9 Meridian Commission err r � • � • r� - � �, .� « APPLICANT CONTACT INFORMATION Check one: Q 1 am submitting this application as an individual, ® 1 am submitting this application for this organization: ® lam submitting this application for an informal group: Colkt') iyc Applicant: Applicant E-mail: Mailing Address: Physical Address: Applicant Phone: APPLICATION OVERVIEW: Check all that apply: 0 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 03 114 of the display cases with 3D artwork Number of 2D pieces: Average size of 2D pieces: Number of 3D pieces: I ( eauG• Average size of 3D pieces: 2 f bu 2 Proposed title or theme of show: APPLICATION MATERIALS: Rr Completed, signed Application a Acknowledgements Form. (Informal groups: each artist must sign separate form.) Ri Biography of artist or informational statement regarding organization, no longer than one 8+/x x 11" page; V 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. W 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 50", in .jpg format. 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, [a' $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 (Y4") 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. FIG. 3. 3D ART DISPLAY CASES ACKNOWLEDGMENTS: I, Liz Flores , hereby acknowledge the following stipulations and agree that if this proposal is selected for display at Initial Point Gallery, such display shall occur subject to these general terms and conditions, as well as subject to other specific terms and conditions that shall be set forth in a separate, written Acceptance Agreement between myself and the City of Meridian. I specifically acknowledge that: A. Before my work will be displayed in Initial Point Gallery, I will be required to enter into an Acceptance INITI L Agreement with the City of Meridian establishing the specific terms and conditions of the display of the particular works displayed. B. If my work is selected for display in Initial Point Gallery, the City of Meridian and its agents will INITAL exercise professional care in handling and securing all artwork displayed in Initial Point Gallery, but cannot and will not assume liability for any loss or damage. C. Any insurance of the artwork displayed in Initial Point Gallery shall be the sole responsibility of the INITI L artist. The City of Meridian shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery. D. While artwork displayed in Initial Point Gallery may be passively offered for sale by means of an ,NIT,L informational table, board, or handout as provided or allowed by the City of Meridian, no piece displayed in Initial Point Gallery may have a visible price tag. E. While it is intended that each exhibit in Initial Point Gallery will be displayed for a one- to two-month INITAL period, this period may be shortened by the City of Meridian for any reason, without notice to the artist or organization. F. The City may display the work of more than one artist or organization in Initial Point Gallery at any ]NIT AL time, at the City's sole discretion. ILG. Artwork submitted for display in Initial Point Gallery must be original works conceived and created I by the artist (or by artist members of the organization) submitting this application. H. Meridian City Hall is primarily a place of public business and Initial Point Gallery is a public place. The INITAL City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feet welcome and comfortable. To this end, only artists and artwork meeting the eligibility standards described in the Call for Artists and following the terms set forth in the Acceptance Agreement shalt be displayed in Initial Point Gallery. I do acknowledge and understand each and all of the foregoing stipulations and do agree to these general terms and conditions. Signature: Print name: Liz Flores * Parent Signature - If Applicant is Under 18: Date: 9/27/2015 To propose an exhibition in Initial Point Gallery, please submit this form, completed in full, with the required materials and fee, via U.S. mail, to: Meridian Arts Commission Attn: Hillary Bodnar 33 East Broadway Avenue Meridian ID 83642 Thank you for your interest! Meridian Commission September 29, 2015 Meridian Arts Commission Attn: Hillary Bodnar 33 East Broadway Avenue Meridian ID 83642 Re: Call for Artists: 2016 Initial Point Gallery Series Dear Hillary Bodnar and Members of the Meridian Arts Commission, Please accept this letter of Intent as part of our application materials for the 2016 Initial Point Gallery Series. Per the proposal requirements, attached with this letter are three (3) Application & Acknowledgement forms, three (3) biographies (one for each of the three artists in our group), five (5) digital images on DVD representing the works proposed for display, and a $35 gallery maintenance fee. We are Iia Flores, Maria Garth, and Karl Henke; local artists in Boise, Idaho. Being familiar with your past exhibition programs, we believe that our work is well-suited to your Initial Point Gallery, and we would like to take this opportunity to submit a proposal for your consideration. VISION/THEME In the 1960s, photographer Ed Ruscha became famous for his work with typologies. Ruscha published multiple books each dedicated to a single subject, the most famous of which include swimrring pools, gasoline stations, and buildings on the Sunset Strip. In photography, typologies present a way of exploring a single subject with a dedication that borders on the obsessive. Photographing every instance of something can be an opportunity for the photographer to document and draw attention to a particular thing or subject. For the viewer, it's an opportunity to compare and contrast the qualities of a particular thing—a method for better understanding the photographer's chosen subject. Building on that theme, this collaborative series seeks to explore the phenomenon of naturally and artificially occurring twos through a photography exhibition titled Deux. Of interest are things that come in pairs or doubles. On a formal level, this project is a visual exercise intended to facilitate active looking and engagement with our surroundings. We are seeking to document and explore how, if, and when things come in twos, In reference to the history of photography, this project seeks to explore the metaphor of the double in photography. PROJECT DESCRIPTION Each of the three photographers in the group will take ten (5) digital photographs for the project, with a goal of having fifteen (15) total finished photographs for the exhibition. All photographs will be in color and printed on archival inkjet paper. We propose to fill the entire Initial Point Gallery with two-dimensional hanging work. Alternatively, we are open to filling half of Initial Point Gallery, and would like holeave the final decision uphothe discretion nf(heae(aoUon ' committee. For the exhibition, the photographs will be professionally matted and framed. Each color photograph will be presented in square format nfm 1:1 ratio, with mfinished size of twenty-four by twenty-four Inches (24" x 24"). Each Image will be described by a caption. A written statement and price list will accompany the images, Each framed and matted photograph will befor sale at the priceof$2G8each. Each print (edition of2)will be for sale etthe price of$14O.VVewill voluntarily donate tothe Meridian Arts Commission (MAC) 20% of proceeds from the sale of each sold photograph or print displayed in Initial Point Gallery. 01MAN0I-VA If our proposal Is selected by the MCA for an exhibition in Initial Point Gallery, we will undertake complementary publicity for the exhibition at no cost to the MCA or Initial Point 8e||ary. We will promote the exhibition on our group Facebook page and our own individual websites and social media accounts; send two promotional announcements via an online newsletter to our mailing list of artists, collectors, arts organizations, and local media; and design and print promotional postcards for the exhibition. DISPLAY REQUIREMENTS VVeare confident that our exhibition proposal displays high-quality, professional work. VVaare committed to exhibition work at Initial Point Gallery that displays appropriateness of subjectand concept for a functioning government workplace and is consistent with Meridian City policy and community values. Furthermore, we seek of contribute to the aesthetic and cultural atmosphere ofMeridian City Hall. VVmacknowledge that wahave read Initial Point Gallery's display requirements, and we do not foresee any Issues or challenges regarding hanging or displaying the works proposed for display. In conclusion, please accept this Letter of Intent and our application materials for consideration of inclusion in the 2016 Initial Point Gallery series. We look forward to hearing from you and would welcome the opportunity to discuss our proposal In more detail. You may reach us via our group's main point of contact, Karl Henke, via email at karl.henke@gmail.com, or by phone at (208) 447-7171, We hope that we have the opportunity to speak with you soon, and we thank you for your consideration ufour application, Sincerely. Liz Flores Karl Henke Maria Garth September 29, 2015 Meridian Arts Commission Attn: Hillary Bodnar 33East Broadway Avenue Meridian |D88842 Re: Call for Artists: 2016 Initial Point Gallery Series Informational Paragraph PinxitColeodve isamembership-based professional group ofvisual artists working in photographic media, It is committed to supporting and promoting the work of emerging artists in Idaho. It was founded in 2014 by Liz Horeo, K4oda Garth. and Karl Henke, in Boise, Idaho. Liz Flores is visual artist born in California and based in Boise, Idaho. She received her Bachelor of Fine Arts degree with an emphasis in Photography from Boise State University in 2012. Her work has been shown in a solo exhibition at Bricolage in Boise, Idaho, and various group exhibitions. She utilizes photography (uexplore visual connections in everyday |ifo, a/ohi!actu,o, and objects. You can find more information about harm( by||aUonaa.(omNr.00m. Maria V. Garth is an American visual artist born in Russia and based In Boise, Idaho. She received a Bachelor of Fine Arts degree in Visual Art with an emphasis in Photography from Boise State University in 2013. Her work has been shown in various local exhibitions, including at the Visual Arts Center and the Student Union Gallery at Boise State University. More of her work can be found on her website at mariagarth.com. Karl Henke isaWoua(artis born inCalifornia and living inBoise, Idaho. Hureceived oBachelor of Fine Arts degree in Photography and Illustration from Boise State University in 2012. His work has been included in solo and group exhibitions locally and internationally. His work centers on photographic -based imagery involving transfer processes and typologies. It Is often rational in form and focused on concepts of place and identity, Common themes in his work include metaphoric symbols ofnature, geometry, and insects. lie has worked with The Boys and Girls Club onaproject called To8eofSet-vic*. where club members were introduced to photography, For more information, please visit: kadhenke]umb|r.oum ACCEPTANCE 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 2n -k day of Pe6wayq, 2016 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Maria Garth, 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 12, 2015, 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 1, 2015, 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 September 2, 2016, at such time as is specified by the Arts & Culture Specialist, 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 September 2, 2016, at the direction of the Arts & Culture Specialist; shall allow the display of such work in Initial Point Gallery from September 2, 2016 through September 29, 2016, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on September 30, 2016, at such time as is specified by the Arts & Culture Specialist. ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE I 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 Arts & Culture Specialist, 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 Arts & Culture Specialist 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 July 2, 2016 and August 2, 2016 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 Arts & Culture Specialist 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 Arts & Culture Specialist 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 Arts & Culture Specialist or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Arts & Culture Specialist or the City ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 2 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 Arts & Culture Specialist 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 Arts & Culture Specialist. 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. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 4 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 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. ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 5 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: Maria Garth 2905 W. Madison Ave. Boise ID 82702 CAL. Hillary Bodnar Arts & Culture Specialist 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 the Effective Date written above. ARTIST: 4QA Maria Garth CITY OF MERIDIAN: z 1117 Tammy eerd, Mayor ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 6 EXHIBIT A CALL TO ARTISTS ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 7 Meridian Commission Call for Artists: 2016 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 2016 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 2016 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 16, 2015. SELECTION PROCESS: The selection of art for the 2016 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: Hillary Bodnar 33 East Broadway Avenue Meridian ID 83642 By a -mail: mac@meridiancity.org ARTIST'S PROPOSAL ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 9 Meridian Commission Application Et Acknowledgments: 2016 INITIAL POINT GALLERY SERIES APPLICANT CONTACT INFORMATION Check one: ❑ 1 am submitting this application as an individual. ❑ 1 am submitting this application for this organization: ® 1 am submitting this application for an informal group: i -V GoliCL�� 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: Number of 3D pieces: 15 5 eAa— Average size of 3D pieces: Z-ee_+,O . 2 Proposed title or theme of show: e �� APPLICATION MATERIALS: E( Completed, signed Application & Acknowledgements Form. (Informal groups: each artist must sign separate form.) 0 Biography of artist or informational statement regarding organization, no longer than one 8%2 x 11" page; 5a' 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. &I- 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. Materials submitted will not be returned. Damaged or non- compliant CDs and/or images will not be considered. Images will not be accepted via a -mail. @' $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 (�/a") 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. OR-Iii-m- FIG, 1. D RING Plegum " Aping with Twa Cnblos FIG. 2. BACK OF FRAME FIG. 3. 3D ART DISPLAY CASES ACKNOWLEDGMENTS: I, M"i ^- GA r4lq , hereby acknowledge the following stipulations and agree that if this proposal is selected for display at Initial Point Gallery, such display shall occur subject to these general terms and conditions, as well as subject to other specific terms and conditions that shall be set forth in a separate, written Acceptance Agreement between myself and the City of Meridian. I specifically acknowledge that: MG A. Before my work wilt be displayed in Initial Point Gallery, I wilt be required to enter into an Acceptance N1TI­AL Agreement with the City of Meridian establishing the specific terms and conditions of the display of the particular works displayed. M B. If my work is selected for display in Initial Point Gallery, the City of Meridian and its agents will INITIAL exercise professional care in handling and securing all artwork displayed in Initial Point Gallery, but cannot and will not assume liability for any loss or damage. MG C. Any insurance of the artwork displayed in Initial Point Gallery shall be the sole responsibility of the INITIAL artist. The City of Meridian shalt not provide insurance to cover toss, theft, or damage of artwork displayed in Initial Point Gallery. MG D. While artwork displayed in Initial Point Gallery may be passively offered for sale by means of an INITIAL informational table, board, or handout as provided or allowed by the City of Meridian, no piece displayed in Initial Point Gallery may have a visible price tag. PA& E. While it is intended that each exhibit in Initial Point Gallery will be displayed for a one- to two-month INITIAL period, this period may be shortened by the City of Meridian for any reason, without notice to the artist or organization. M U F. The City may display the work of more than one artist or organization in Initial Point Gallery at any INITIAL time, at the City's sole discretion. hi G G. Artwork submitted for display in Initial Point Gallery must be original works conceived and created INITIAL by the artist (or by artist members of the organization) submitting this application. M6 H. Meridian City Hall is primarily a place of public business and Initial Point Gallery is a public place. The (TIAL City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feet welcome and comfortable. To this end, only artists and artwork meeting the eligibility standards described in the Call for Artists and following the terms set forth in the Acceptance Agreement shall be displayed in Initial Point Gallery. I do acknowledge and understand each and all of the foregoing stipulations and do agree to these general terms and conditions. Signature: l;,�GULlti "►- Print name: Darr i/. Goof'% Parent Signature - If Applicant is Under 18: PL/%A Date: 09/211 /7,015 To propose an exhibition in Initial Point Gallery, please submit this form, completed in full, with the required materials and fee, via U.S. mail, to: Meridian Arts Commission Attn: Hillary Bodnar 33 East Broadway Avenue Meridian ID 83642 Thank you for your interest! Meridian Commission September 29, 2015 Meridian Arts Commission Attn: Hillary Bodnar 33 East Broadway Avenue Meridian ID 83642 Re: Call for Artists: 2016 Initial Point Gallery Series Dear Hillary Bodnar and Members of the Meridian Arts Commission, Please accept this Letter of Intent as part of our application materials for the 2016 Initial Point Gallery Series. Per the proposal requirements, attached with this letter are three (3) Application & Acknowledgement forms, three (3) biographies (one for each of the three artists in our group), five (5) digital images on DVD representing the works proposed for display, and a $35 gallery maintenance fee. We are Liz Flores, Maria Garth, and Kari Henke; local artists in Boise, Idaho. Being familiar with your past exhibition programs, we believe that our work is well-suited to your Initial Point Gallery, and we would like to take this opportunity to submit a proposal for your consideration. VISION/THEME In the 1960s, photographer Ed Ruscha became famous for his work with typologies. Ruscha published multiple books each dedicated to a single subject, the most famous of which include swimming pools, gasoline stations, and buildings on the Sunset Strip. In photography, typologies present a way of exploring a single subject with a dedication that borders on the obsessive. Photographing every instance of something can be an opportunity for the photographer to document and draw attention to a particular thing or subject. For the viewer, it's an opportunity to compare and contrast the qualities of a particular thing—a method for better understanding the photographer's chosen subject. Building on that theme, this collaborative series seeks to explore the phenomenon of naturally and artificially occurring twos through a photography exhibition titled Deux. Of interest are things that come in pairs or doubles. On a formal level, this project is a visual exercise intended to facilitate active looking and engagement with our surroundings. We are seeking to document and explore how, if, and when things come in twos. In reference to the history of photography, this project seeks to explore the metaphor of the double in photography. PROJECT DESCRIPTION Each of the three photographers in the group will take ten (5) digital photographs for the project, with a goal of having fifteen (15) total finished photographs for the exhibition. All photographs will be in color and printed on archival inkjet paper. We propose to fill the entire Initial Point Gallery with two-dimensional hanging work. Alternatively, we are open to filling half of Initial Point Gallery, and would like to leave the final decision up to the discretion of the selection committee. For the exhibition, the photographs will be professionally matted and framed. Each color photograph will be presented in a square format of a 1:1 ratio, with a finished size of twenty-four by twenty-four inches (24" x 24"). Each image will be described by a caption. A written statement and price list will accompany the images. Each framed and matted photograph will be for sale at the price of $260 each. Each print (edition of 2) will be for sale at the price of $140. We will voluntarily donate to the Meridian Arts Commission (MAC) 20% of proceeds from the sale of each sold photograph or print displayed in Initial Point Gallery. PUBLICITY If our proposal is selected by the MCA for an exhibition in Initial Point Gallery, we will undertake complementary publicity for the exhibition at no cost to the MCA or Initial Point Gallery. We will promote the exhibition on our group Facebook page and our own individual websites and social media accounts; send two promotional announcements via an online newsletter to our mailing list of artists, collectors, arts organizations, and local media; and design and print promotional postcards for the exhibition. DISPLAY REQUIREMENTS We are confident that our exhibition proposal displays high-quality, professional work. We are committed to exhibition work at Initial Point Gallery that displays appropriateness of subject and concept for a functioning government workplace and is consistent with Meridian City policy and community values. Furthermore, we seek of contribute to the aesthetic and cultural atmosphere of Meridian City Hall. We acknowledge that we have read Initial Point Gallery's display requirements, and we do not foresee any issues or challenges regarding hanging or displaying the works proposed for display. In conclusion, please accept this Letter of Intent and our application materials for consideration of inclusion in the 2016 Initial Point Gallery series. We look forward to hearing from you and would welcome the opportunity to discuss our proposal in more detail. You may reach us via our group's main point of contact, Karl Henke, via email at karl.henke@gmail.com, or by phone at (208) 447-7171. We hope that we have the opportunity to speak with you soon, and we thank you for your consideration of our application. Sincerely, Liz Flores Karl Henke Maria Garth September 29, 2015 Meridian Arts Commission Attn: Hillary Bodnar 33 East Broadway Avenue Meridian ID 83642 Re: Call for Artists: 2016 Initial Point Gallery Series Informational Paragraph Pinxit Collective is a membership -based professional group of visual artists working in photographic media. It is committed to supporting and promoting the work of emerging artists in Idaho. It was founded in 2014 by Liz Flores, Maria Garth, and Karl Henke, in Boise, Idaho. Liz Flores is visual artist born in California and based in Boise, Idaho. She received her Bachelor of Fine Arts degree with an emphasis in Photography from Boise State University in 2012. Her work has been shown in a solo exhibition at Bricolage in Boise, Idaho, and various group exhibitions. She utilizes photography to explore visual connections in everyday life, architecture, and objects. You can find more information about her at bylizflores.tumblr.com. Maria V. Garth is an American visual artist born in Russia and based in Boise, Idaho. She received a Bachelor of Fine Arts degree in Visual Art with an emphasis in Photography from Boise State University in 2013. Her work has been shown in various local exhibitions, including at the Visual Arts Center and the Student Union Gallery at Boise State University. More of her work can be found on her website at mariagarth.com. Karl Henke is a visual artist born in California and living in Boise, Idaho. He received a Bachelor of Fine Arts degree in Photography and Illustration from Boise State University in 2012. His work has been included in solo and group exhibitions locally and internationally. His work centers on photographic -based imagery involving transfer processes and typologies. is often rational in form and focused on concepts of place and identity. Common themes in his work include metaphoric symbols of nature, geometry, and insects. Recently, he has worked with The Boys and Girls Club on a project called To Be of Service, where club members were introduced to photography. For more information, please visit: karlhenke.tumblr.com. A iC ACCEPTANCE 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 Z1�4 day of Eebyu?nj, 2016 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and William Gardoski, 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 12, 2015, 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 1, 2015, 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 October 28, 2016, at such time as is specified by the Arts & Culture Specialist, 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 October 28, 2016, at the direction of the Arts & Culture Specialist; shall allow the display of such work in Initial Point Gallery from October 28, 2016 through December 1, 2016, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on December 2, 2016, at such time as is specified by the Arts & Culture Specialist. ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE I 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 Arts & Culture Specialist, 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 Arts & Culture Specialist 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 August 28, 2016 and September 28, 2016 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 Arts & Culture Specialist 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 Arts & Culture Specialist 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 Arts & Culture Specialist or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Arts & Culture Specialist or the City ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 2 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 Arts & Culture Specialist 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 Arts & Culture Specialist. 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. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 4 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 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. ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 5 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: City William Gardoski Hillary Bodnar 1620 E. 2 1/2 Street Arts & Culture Specialist Meridian ID 83642 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 the Effective Date written above. ARTIST: F gr �v el .. William Gardoski CITY OF MERIDIAN: BY: Tammy de e d, ayo Atter�,. y� e lman, City Clerk A \b, � JL� ���pppppp a� y ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 6 CALL TO ARTISTS ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 7 Meridian Commission Call for Artists: 2016 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 2016 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 2016 Initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. • Completed, signed Application Ft 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 16, 2015. SELECTION PROCESS: The selection of art for the 2016 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: Hillary Bodnar 33 East Broadway Avenue Meridian ID 83642 By e-mail: mac@meridiancity.org EXHIBIT B ARTIST'S PROPOSAL ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 9 Meridian Commission APPLICANT CONTACT INFORMATION Check one: I am submitting this application as an individual. ❑ 1 am submitting this application for this organization: ❑ 1 am submitting this application for an informal group: Applicant: ' r- ' Applicant E-mail: tat' Mailing Address: / ,, ,A 5 Physical Address: u &.14 r_ cY yCi b v u e Applicant Phone: Day: a 6 g ?Tl 3'7 los2 Evening: S "A,2, a Cell:. s a d APPLICATION OVERVIEW: Check all that apply:190/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 02 113 04 of the display cases with 3D artwork Number of 2D pieces: f d Average size of 2D pieces: / Fr )4 '0+ LA t.+4 %K +0 Number of 3D pieces: Average size of 3D pieces: Proposed title or theme of show: APPLICATION MATERIALS: ❑ Completed, signed Application a Acknowledgements Form. (Informal groups: each artist must sign separate form.) 10 Biography of artist or informational statement regarding organization, no longer than one Wi x 11" page; 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. IX 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. Materials submitted will not be returned. Damaged or non- compliant CDs and/or images will not be considered. Images will not be accepted via a -mail. $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 wilt 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 Hanging with Two Cables FIG. 2. BACK OF FRAME ACKNOWLEDGMENTS: I, !4 X" . b u.n.,C umJA�, hereby acknowledge the following stipulations and agree that if this proposal is selected for display at Initial Point Gallery, such display shall occur subject to these general terms and conditions, as well as subject to other specific terms and conditions that shall be set forth in a separate, written Acceptance Agreement between myself and the City of Meridian. I specifically acknowledge that: 0,47 A. Before my work wilt be displayed in Initial Point Gallery, 1 will be required to enter into an Acceptance INRIAL Agreement with the City of Meridian establishing the specific terms and conditions of the display of the particular works displayed. 0A B. If my work is selected for display in Initial Point Gallery, the City of Meridian and its agents wilt I' AL exercise professional care in handling and securing all artwork displayed in Initial Point Gallery, but cannot and will not assume liability for any loss or damage. C. Any insurance of the artwork displayed in Initial Point Gallery shall be the sole responsibility of the 41NIAP artist. The City of Meridian shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery. D. While artwork displayed in Initial Point Gallery may be passively offered for sale by means of an INRIAL informational table, board, or handout as provided or allowed by the City of Meridian, no piece displayed in Initial Point Gallery may have a visible price tag. E. While it is intended that each exhibit in Initial Point Gallery will be displayed for a one- to two-month INRIAL period, this period may be shortened by the City of Meridian for any reason, without notice to the artist or organization. F. The City may display the work of more than one artist or organization in Initial Point Gallery at any INRIAL time, at the City's sole discretion. 1414 G. Artwork submitted for display in Initial Point Gallery must be original works conceived and created INRIAL by the artist (or by artist members of the organization) submitting this application. H. Meridian City Hall is primarily a place of public business and Initial Point Gallery is a public place. The IN IAL City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that City Halt is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable. To this end, only artists and artwork meeting the eligibility standards described in the Call for Artists and following the terms set forth in the Acceptance Agreement shalt be displayed in Initial Point Gallery. I do acknowledge and understand each and all of the foregoing stipulations and do agree to these general terms and conditions. Signature: 12,i►.GG�c�._ j o-s�- Print name: az 211 Parent Signature - If Applicant is Under 18: Date: /�/ SZ To propose an exhibition in Initial Point Gallery, please submit this form, completed in full, with the required materials and fee, via U.S. mail, to: Meridian Arts Commission Attn: Hillary Bodnar 33 East Broadway Avenue Meridian ID 83642 Thank you for your interest! Meridian Commission A iC Meridian City Council Meeting DATE: February 2, 2016 ITEM NUMBER: 6A PROJECT NUMBER: ITEM TITLE: Memorandum of Agreement Memorandum of Agreement for Contribution to Meridian Development Corporation for Polling Services Regarding a Multi -Purpose Event Center in an amount not to exceed $8,100.00 MEETING NOTES 9 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: &MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS MEMORANDUM OF AGREEMENT FOR CONTRIBUTION TO MDC FOR POLLING SERVICES REGARDING A MULTI-PURPOSE EVENT CENTER This MEMORANDUM OF AGREEMENT FOR CONTRIBUTION TO MDC FOR POLLING SERVICES REGARDING A MULTI-PURPOSE EVENT CENTER ("Agreement") is made this Q day of February, 2016 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Meridian Development Corporation, an urban renewal agency organized under the laws of the State of Idaho ("MDC"). WHEREAS, MDC and the City desire to cooperate and work together regarding obtaining polling data from the community regarding the public's opinion regarding having a multi-purpose event center in the community; WHEREAS, MDC has an agreement with Hilltop Public Solutions to perform the polling services described in the resolution and scope of work attached hereto as Exhibit A, for the sum of sixteen thousand eight hundred dollars ($16,800.00); WHEREAS, City is willing to contribute toward this endeavor an amount not to exceed eight thousand, one hundred dollars ($8,100.00); MDC is willing to contribute an amount not to exceed eight thousand, one hundred dollars ($8,100.00); the Meridian Chamber of Commerce is willing to contribute an amount not to exceed three hundred dollars ($300), and the Meridian Downtown Business Association is willing to contribute an amount not to exceed three hundred dollars ($300); 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. MDC Is RESPONSIBILITIES. A. Performance of Polling Services. MDC will engage Hilltop Public Solutions ("HPS") to perform polling services regarding the public's support for a multi-purpose center to possibly be located in the City and the MDC boundaries. MDC will work with HPS and with the City to develop the parameters of the poll to be conducted by HPS. MDC will share the report and results of the poll with the City. MDC shall pay HPS in full for services rendered, in accordance with MDC's approved scope of work with HPS, a copy of which is attached hereto as Exhibit A. B. Contribution; Invoice City. For services rendered by HPS, MDC and City shall each contribute an amount not to exceed eight thousand, one hundred dollars ($8,100). II. CITY'S RESPONSIBILITIES. MEMORANDUM OF AGREEMENT FOR MULTI-PURPOSE CENTER POLL CONTRIBUTION PAGE I OF 14 A. Payment. Within thirty (30) days of receipt of MDC's invoice, City shall provide payment to MDC in the amount of eight thousand, one hundred dollars ($8,100.00). B. Appropriation. Notwithstanding anything in this Agreement to the contrary, City's obligations under this Agreement to provide payment to MDC as described herein shall be subject to and dependent upon appropriations being made by the City Council for such purpose. 111. GENERAL TERMS. A. Term. This Agreement begins immediately upon execution and shall remain in effect through September 30, 2016. B. Notice. Notice required to be provided by either of the parties under this Agreement shall be in writing and be deemed communicated when mailed by United States Mail, addressed as follows: City: City of Meridian City Attorney's Office 33 E. Broadway Avenue Meridian ID 83642 MDC: Meridian Development Corporation 104 East Fairview Avenue #239 Meridian ID 83642 Either party may change its address for the purpose of this paragraph by giving formal notice of such change to the other in the manner herein provided. C. Entire agreement; modification. This Agreement embodies the entire agreement and understanding between the parties pertaining to the subject matter of this Agreement, and supersedes all prior agreements, understandings, negotiations, representations, and discussions, whether verbal or written, of the parties pertaining to that subject matter. The Agreement may not be changed, amended, or superseded unless by means of writing executed by both Parties hereto. D. Termination. Either party may terminate this Agreement in whole, or in part, due to convenience, nonappropriation, or when either or both parties agree that the continuation of the project is not in the parties' best interest, by providing thirty (30) days written notice. E. Hold harmless. For purposes of or in furtherance of this Agreement, each party and each of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, shall save and hold harmless the other party 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 either party or any employee, agent, contractor, official, officer, servant, guest, and/or invitee thereof. F. Severability. If any part of this Agreement is held to be invalid or unenforceable, such MEMORANDUM OF AGREEMENT FOR MULTI-PURPOSE CENTER POLL CONTRIBUTION PAGE 2 OF 14 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, The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions, and this Agreement shall be construed in all respects as if any invalid or unenforceable provision were omitted. G. Applicable Law. The Agreement shall be governed by the laws of the State of Idaho and jurisdiction for any disputes arising hereunder shall be in the Fourth Judicial District, Ada County, State of Idaho. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of December, 2015. MERIDIAN DEVELOPMENT CORPORATION: 4zo'.e By: , Chairman CITY OF MERIDIAN: j� City of i���iG�l��l R' FDAP1O, 2 � Spm, TFC �4 Attest: Dave Winder, Secretary Attest: Holman, City Clerk MEMORANDUM OF AGREEMENT FOR MULTI-PURPOSE CENTER POLL CONTRIBUTION PAGE 3 Or 14 Exhibit A — Approved HPS Scope of Work ATTACHED MEMORANDUM OF AGREEMENT FOR MULTI-PURPOSE CENTER POLL CONTRIBUTION PAGE 4 OF 14 MERIDIAN DEVELOPMENT CORPORATION PROFESSIONAL SERVICES AGREEMENT (POLLING SERVICES) This Professional Services Agreement ("Agreement") is made effective this 13th day of May, 2015 by and between MERIDIAN DEVELOPMENT CORPORATION, an Independent public body corporate and politic, organized and existing under the laws of the State of Idaho and known as the urban renewal agency of the City of Meridian, Idaho ("MDC'), and Hilltop Public Solutions, , an Corporation/Company ("Consultant"). WHEREAS, MDC desired to conduct polling to determine the public sentiment regarding a potential multipurpose center within the City of Meridian and Consultant submitted a proposal which was selected by MDC; and WHEREAS, Consultant has the requisite skill and experience to conduct the desired polling services and MDC desires to hire Consultant to provide said polling services. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT Consultant agrees to provide professional polling services pursuant to the terms and conditions of this agreement. 1. SCOPE OF SERVICES, COMPENSATION AND TERM: The Scope of Services to be performed by Consultant is attached hereto as Exhibit A and incorporated by reference' herein. Any conflict between the language in Exhibit A and the language in the main body of this Agreement shall be governed by the language contained in the main body of this Agreement. The Parties agree that Consultant will perform the 10 minute Survey with the number of completed surveys being 500 and the compensation for these services shall be Sixteen Thousand Eight Hundred Dollars ($16,800.00) as described in the Scope of Services. MDC is working with the following entities as Designated Partners: the City of Meridian, the Meridian Chamber of Commerce and the Meridian Downtown Business Association. MDC is the final decision maker regarding the polling and terms of this Agreement; however, MDC will coordinate meetings and input from its Designated Partners and Consultant agrees to work with MDG and its Designated Partners to develop the questions to be used in the polling under the Scope of Services. Consultant will provide MDC a final report as described in the Scope of Services along with the survey data, response and results generated from the polling services. Consultant will present the final report to the MDC Board at a scheduled meeting of the MDC Board. MDC may share the final report and other items delivered under this Agreement with its Designated Partners. The term of this Agreement shall commence on November 15, 2015 and shall expire on May 30, 2016 or upon completion of the Scope of Services, whichever occurs first. This Agreement may be earlier terminated in accordance with the provisions contained herein. 2. AMOUNT AND METHOD OF PAYMENT: MDC agrees to pay Consultant for services rendered under this Agreement as noted in Exhibit A. (a) Consultant shall maintain time and expense records and make them available to MDC upon request. Each invoice submitted shall specify charges as they relate to the tasks in the Scope of Services. Each invoice shall also specify current billing and previous payments, with a total of costs Incurred and payments made to date. (b) Any appropriate reimbursable expenses shall be billed to MDC at actual cost to Consultant with no mark-up. Any reimbursement for travel related expenses must be approved in advance and in writing by MDC. (c) All invoices shall be paid by MDC within forty-five (45) days of receipt of proper invoice. (d) If the services subject to a specific invoice do not meet the requirements of this Agreement, as MDC may determine, MDC shall notify Consultant in writing and provide specific deficiencies in the work that do not meet the requirements. Consultant shall have seven (7) working days to correct or modify the work to comply with the requirements of the Agreement as set forth in MDC's written notice. If MDC again determines the work fails to meet the requirements, MDC may withhold payment until deficiencies have been corrected to MDC's satisfaction. 3. RIGHT OF CONTROL: MDC agrees that it will have no right to control or direct the details, manner, or means by which Consultant accomplishes the results of the services performed hereunder. Consultant has no obligation to work any particular hours or days or any particular number of hours or days. Consultant agrees, however, that its other contracts and services shall not interfere with its performance under this Agreement and that Consultant shall meet all deadlines imposed by MDC. MDC agrees to make reasonable efforts to coordinate project schedules and respective commencements and deadlines with other consultants that are part of any project team. 4. INDEPENDENT CONSULTANT RELATIONSHIP: Consultant is an independent consultant/contractor and is not an employee, servant, agent, partner, or joint venture of MDC. MDC shall determine the work to be done by Consultant, but Consultant shall determine the legal means by which it accomplishes the work specified by MDC. This Agreement shall not be construed to create any employer-employee relationship between MDC and Consultant. 5. RECORDS ACCESS AND AUDITS: Consultant shalt maintain complete and accurate records with respect to costs incurred and manpower expended under this Agreement. All such records shall be maintained according to generally accepted accounting principles, shall be clearly identified, and shall be readily accessible. Such records shall be available for review by MDC representatives for three (3) years after final payment. Copies shall be made available to MDC upon request. 6. FEDERAL, STATE AND LOCAL PAYROLL TAXES: Neither federal, state or local income taxes, nor payroll taxes of any kind shall be withheld and paid by MDC on behalf of Consultant or the employees of Consultant. Consultant shall not be treated as an employee with respect to the services performed hereunder for federal or state tax purposes. Consultant understands that Consultant is responsible to pay, according to law, Consultant's income tax. Consultant further understands that Consultant may be liable for self-employment (Social Security) tax to be paid by Consultant according to law. 7. LICENSES AND LAW: Consultant represents that it possesses the requisite skill, knowledge, and experience necessary, as well as all licenses required to perform the services under this Agreement. Consultant agrees to comply with all applicable Meridian City Code and any amendments thereto, the laws of the State of Idaho, any other applicable ordinances, and codes of Federal, State, and local governments in the performance of the services hereunder. Professional Services Agreement — Polling Hilltop Public Solutions Page 2 8. FRINGE BENEFITS: Because Consultant is engaged in its own independently established business, Consultant is not eligible for, and shall not participate in, any employee pension, health, or other fringe benefit plans of MDC. 9. INDEMNIFICATION: Consultant shall agree to indemnify and save and hold harmless MDC and its Designated Partners, and their respective officers, appointed officials, employees and consultants, from and for any and all losses, claims, actions, judgment for damages, or injury to persons or property and losses and expenses and other costs, including without limitation, litigation costs and attorney's fees, arising out of, resulting from, or in connection with Consultant's performance the Scope of Services under this Agreement. 10. INSURANCE AND WORKER'S COMPENSATION: Consultant shall at all times during its Contract or Agreement with MDC maintain liability insurance in the minimum amounts as follows: General Liability ($2,000,000.00) per Incident or occurrence, Professional Liability/errors and omissions ($1,000,000,00) aggregate, automobile liability insurance ($1,000,000.00) per incident or occurrence. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless MDC and its Designated Partners, and if MDC and/or its Designated Partners become liable for an amount in excess of the insurance limits herein provided, Consultant covenants and agrees to indemnify and save and hold harmless MDC and its Designated Partners from any and all such losses, claims ,actions or judgments for damages or injury to persons or property resulting from or in connection with the performance of this Agreement by the Consultant or Consultant's officers, employees, agents representatives or subcontractors. Consultant shall maintain in full force and effect worker's compensation for Consultant and any agents, employees at all times within this Agreement or any extensions thereto in accordance with the laws of the State of Idaho. 11, EQUIPMENT, TOOLS, MATERIALS, SUPPLIES: Consultant shall supply, at Consultant's sole expense, all equipment, tools, materials, and/or supplies to accomplish the services to be provided herein. 12. PROPRIETARY RIGHTS AND PUBLIC RECORDS: All data, materials, reports, results, maps, graphics, tables, memoranda, and other documents or products developed under this Agreement, whether finished or not, shall become the property of MDC, shall be forwarded to MDC at its request, and may be used by MDC for any business purpose. Consultant understands and agrees that MDC is a public entity and this Agreement and the reports and other items generated for MDC under this Agreement are subject to the public records laws of the State of Idaho. 13. CONFIDENTIALITY: Consultant agrees to maintain confidentiality of all work product produced under this Agreement, including both interim and draft, materials, reports, maps, graphics, tables, memoranda, and other documents unless and until MDC signifies its written approval that such work product may be published as final work product. MDC reserves the right to distribute the final work product as it sees fit provided that Consultant may use final reports as approved and adopted by the Meridian Development Corporation Board of Commissioners in the marketing of its firm. 14. ENTIRE AGREEMENT: This Agreement, along with any and all Exhibits attached hereto and incorporated herein by reference, 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. Professional Services Agreement— Polling Hilltop Public Solutions Page 3 15. GENERAL ADMINISTRATION AND MANAGEMENT: The Administrator of MDC or his/her designee shall be MDC's representative and shall oversee and approve all services to be performed, coordinate all communications, review and approve all invoices, and carry out any and all tasks as may be required under this Agreement. 16. CHANGES: MDC reserves the right to makes changes from time to time in the scope of services to be performed hereunder. Such changes, including any increase or decrease in Consultant's compensation, which are mutually agreed upon by and between MDC and Consultant, shall be incorporated in written amendments to this Agreement. 17. AMENDMENTS: This Agreement may be amended only in writing upon mutual agreement of both MDC and Consultant. 18. ASSIGNMENT: It is expressly agreed and understood by the parties hereto that Consultant 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 MDC. 19. TERMINATION OF AGREEMENT: (a) TERMINATION BY MDC: MDC reserves the right to terminate this Agreement at any time, with or without cause or for any reason or no reason, by giving at least fifteen (15) days' notice in writing to Consultant. If this Agreement is terminated by MDC as provided herein, Consultant shall be paid an amount for work completed to the date specified in the notice of termination and based on an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of Consultant covered by the Scope of Services, less payment or compensation previously made. (b) TERMINATION BY CONSULTANT: The obligation to provide further services under this Agreement may be terminated by Consultant upon thirty (30) days' written notice. Such termination may be with or without cause or for any reason or no reason. If this Agreement is terminated by Consultant, Consultant shall be paid for services rendered and for reimbursable expenses incurred to the date of such termination. 20. 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: To MDC: Ashley Ford, Administrator Meridian Development Corporation 104 East Fairview Avenue #239 Meridian ID 83642 To Consultant: Maria Weeg 702 W, Idaho Street Suite 1100 Boise, ID 83702 Professional Services Agreement— Polling Hilltop Public Solutions Page 4 21. DISCRIMINATION PROHIBITED: In performing the services required herein, Consultant agrees not to discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or handicap. Violation of this section shall constitute a material breach of this Agreement and deemed grounds for cancellation, termination, or suspension of the Agreement by MDC, in whole or in part, and may result in ineligibility for further work for MDC. 22. STANDARD OF SERVICE: Consultant shall provide for MDC professional polling services as described in this Agreement. These services will be performed in accordance with generally accepted professional practices for such polling services. Consultant makes no other warranty either expressed or implied. 23. NONWAIVER: Failure of either party to exercise any of the rights under this Agreement or breach thereof shall not be deemed to be a waiver of such right or a waiver of any subsequent breach. 24. APPLICABLE LAW: Any dispute under this Agreement or related to this Agreement shall be decided in accordance with the laws of the state of Idaho with venue for any disputes to occur exclusively in Ada County, Idaho. 25. SEVERABILITY: If any part of this Agreement is held unenforceable, the remaining portions of the Agreement will nevertheless remain in full force and effect. 26. 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 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. 27, DISPUTES: In the event that a dispute arises between MDC and Consultant regarding application or interpretation of any provision of this Agreement, the aggrieved party shall promptly notify the other party to this Agreement of the dispute within ten (10) days after such dispute arises. If the parties shall have failed to resolve the dispute within thirty (30) days after delivery of such notice, the parties agree to first endeavor to settle the dispute in an amicable manner by mediation or other process of structured negotiation under the auspices of a nationally or regionally recognized organization providing such services in the Northwestern States or otherwise as the parties may mutually agree before resorting to litigation. Should the parties be unable to resolve the dispute to their mutual satisfaction within thirty (30) days after such completion of mediation or other process or structured negotiation, each party shall have the right to pursue any rights or remedies it may have at law or in equity. 28. SUCCESSORS IN INTEREST: The provisions of this Agreement shalt be binding upon and shall inure to the benefit of the parties hereby and their respective successors and assigns. Professional Services Agreement — Polling Hilltop Public Solutions Page 6 IN WITNESS WHEREOF, MDC and Consultant have executed this Agreement as of the date noted below. MERIDIAN DEVELOPMENT CORPORATION By: r Jjj'— Jim Escobar, Chairman Date: 1/14/16 7 Attest: 4 Dave Winder, Secretary CONSULTANT By. Its: Date: Professional Services Agreement - Polling Hilltop Public Solutions Page 6 Exhibit A -- Scope of Services Professional Services Agreement— Polling Hilltop Public Solutions Page 7 Hilitop uPuP blit - iution s MEMORANDUM TO: Meridian Development Corporation FROM: Maria Weeg & Ben Patinkin, Hilltop Public Solutions RF_- Scope of Work For over a year the City of Meridian has been engaged in an in-depth analysis and creation of an economic development strategy to address the increasing need to provide additlonai meeting space, civic space and an economic anchor for Meridian's downtown corridor. The time Is ripe for Meridian to act The launch of New Ventures Lab will draw entrepreneurs to downtown Meridian and the move by the Boise Centre to add additional space and market to larger conventions opens up the opportunity for Meridian to host the smaller, regional conferences that have been the hallmark of the Boise Centre. The City of Meridian currently has before it several exciting proposals for catalyst projects — a convention center and anchor hotel and a new performing arts center — that can anchor Meridian's downtown and provide a center to the growing community. Necessary to do that is the creation of two special districts that can provide the revenue stream to support the development The City of Meridian will need to create an Auditorium District and a Community infrastructure District and then go back to voters and ask them to approve a general obligation bond to begin development At Hilltop, we specialize in engaging community members in direct ways to amplify support for public policy initiatives and deliver the votes necessary to move projects forward. We have passed library bonds, increased funding for public safety, passed mill levies to build new schools, and most recently delivered a stunning 76.3% of the vote for the Boise Fire nand. We win elections by engaging the community directly and using cutting edge electoral techniques to target the voters we need. We understand the complexity of the project you are about to undertake — the districts are created through different mechanisms and the timeline (not to mention the Mayor's important re-election this NJ) need to be considered carefully and planned accordingly. To begin, it is critical to undertake the research necessary to understand the appetite Meridian residents have for the project, and their willingness to participate in funding it. We bring to the table extensive experience in all facets of the research process; from qualitative and quantitative research design and data analysis, to weh-tesdng ads, to weighing in on IVR studies and micro targeting, we've done it all. O 2012 Hilltop Public Solutions I All Rights Reserved I Proprietary and Confidential Professional Services Agreement — Polling Hilltop Public Solutions Page 8 Scope of Wort: Phase I: understanding the playing field Before we begin our research, we want to take the time to truly understand your project background and goals. To do thls, we'll need all the information you have available: news clips, past literature, research, etc. Once we've digested these data, we will meet with your team to dig deeper. We want to unearth all the hypotheses, themes, priorities, recommendations, and pitfalls that we expect to encounter. This ensures that we've literally covered all of our bases and have left no stone unturned as we begin the research process. Some of the questions we'd seek to answer through (but are not limited to): • How do respondents feel the economy, in the City of Meridian is doing? • How do respondents perceive their current access to performing arts and meeting spaces? • How do respondents feel the City is doing In terms of its delivery of services and spending of tax dollars? • How do respondents feel about creating new tax districts? • Do they see any real urgency or need for this project? If not, how do we best communicate the need? • What bond components garner the most support and which ones should be kept off the table? • Are voters sensitive to price? • How do voters react to an Initial question and title? • Which respondents represent our target audience (those we most need to contacdeducate)? Phase 2: One 10 to 12 minute survey among 400 to 500 likely voters We propose conducting an initial survey between 10 to 12 minutes long among n=400 likely November 201b voters in the City of Meridian. Knowing we may not choose to appear on the ballot in the November general election, we would recommend including an oversample of n=100 additional voters that fit into a potentially different electorate. This survey will ascertain support and opposition to the two proposed tax districts, and will also include testing of the potential bond components, We may also be able to test some landscape questions to assess perceived need and Impressions of the project The survey questionnaire will be developed with the full collaboration of your team and will be subject to intense debate and review. By the time we reach a finalized survey draft:, every member of your team should understand how and why questions are asked a certain way. In the usual scenario, several drafts are produced and no survey is ever fielded until the client Is satisfied with the product That said, we are prepared to move at whatever pace best suits the needs of this campaign. We know how to ask the right questions to get the right answers that help position your campaign for success. For example, we typically ask a number of similar questions to help triangulate in on one @ 2012 Hilltop Public Solutions I All Rights Reserved I Proprietary and Confidential Professional Services Agreement — Polling Hilltop Public Solutions Page 9 I set of findings, using a combination of direct questioning and analytical techniques to tease out respondents' opinions, their priorities, and values to help develop a communications frame that is most likely to resonate with them. In addition, we'll rely on spat sample simulations where we divide the survey universe in half at random and then ask similar, yet slightly differently worded questions, Because the only difference in the questions is the Information provided, we can then determine what word, value or data point is most likely to resonate with our target audience. Demographic questions will be asked to determine how different population subgroups respond to the issues at hand. These questions include, but are not limited to things like education, age, party Identification and gender. We'll also want to delve into cermin lifestyle and personal habits such as parental status and homeownership, as well as geographic location. We will be available to discuss preliminary findings with your team when the survey exits the field. Topline results are available within 24 hours and cross -tabulated data is available within 48 hours, Once you receive these, we'll get to work on the final presentation. Our final strategic analysis takes the form of a comprehensive PowerPoint report, incorporating topline data, crosstabular and multivariate analysis as well as strategic recommendations, The analysis is usually delivered two weeks after the completion of the survey. Budget We've outlined below costs for this research project Please note that prices include everything except travel, which is billed at cost We require 75% of the cost of survey research before we enter the field. The remainder is due upon completion of our strategic analysis. Fm �i rr ®: •rr er ® 2062 Hilltop Public Solutions I All Rights Reserved I proprietary and Confidential Professional Services Agreement— Polling Hilltop Public Solutions Page 10 Meridian City Council Meeting DATE: February 2, 2016 ITEM TITLE: MYAC Update PROJECT NUMBER: Mayor's Office: Mayor's Youth Advisory Council (MYAQ Update MEETING NOTES �rA Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Mayor Tammy de Weerd City Council Members: jijc/(1 ID, IAN Keith Bird Joe Borton /� Luke Cavener Genesis Milam Charlie Rountree David Zaremba Policy Position Paper Mayor's Youth Advisory Council Primary vs. Secondary Seatbelt Enforcement Position Paper Summary Automobile accidents are commonly cited as the number one killer of teens in Idaho. Members of the Meridian Mayor's Youth Advisory Council (MYAC) and teens throughout Idaho are sensitive to this issue because they have lost peers like Meridian teenagers Bobby Rogers and Tiffany Walters, who failed to buckle their seatbelts. For the last four years, MYAC has led seatbelt advocacy campaigns and education programs to raise awareness for seatbelt usage and the benefits of wearing seatbelts throughout Idaho. Currently MYAC has helped increase support to this cause including: St. Luke's Health System's; Buckle Up For Bobby; Idaho State Police; Meridian, Boise, Nampa, Caldwell, Middleton, Glenn's Ferry, Kamiah and countless other organizations and individuals throughout the state. Evidence indicates seat belts reduce serious crash-related injuries and deaths by half, and, on average, states that switch to primary seatbelt enforcement laws experience an increase in belt use of about 10% and a savings of approximately$11 million. Additional facts addressing the concerns nationally and locally support these claims: • The National Highway Traffic Safety Administration estimates that in 2009, nearly 450 lives would have been saved; 12,000 non-fatal injuries prevented; and$1.6 billion in societal costs saved if all states had primary seatbelt enforcement laws.(1) • In 2014, a survey showed that the national average was 87% seat belt usage while Idaho had an average of 80% seat belt usage. • In Idaho, between the years of 2008-2012, 106 teens were killed in car crashes; 64 of the teens were not wearing seat belts (over half). • If everyone involved in a traffic crash in Idaho during 2013 had been wearing seat belts, 50.5% of motor vehicle occupants may have been saved. • Utah's primary seatbelt 3 year pilot program could save approximately$11.0 million dollars annually. As Idaho contemplates its stance on whether to move the dial on greatercompliance, we would be remiss to not look into neighboring states: • 34 states,the District of Columbia,American Samoa, Guam, the Northern Mariana Islands, Puerto Rico and the Virgin Islands have primary seat belt laws for front seat occupants. • Utah just set up a primary seatbelt law pilot program in early 2015 that requires all drivers to wear seatbelts. If the driver is pulled over for not wearing a seatbelt there is a warning and the second offense a citation is given which is reversible upon completion of a safety class.(2) Key Discussion Points • This 3 year pilot primary seat belt pilot program should be extended to include all Idaho residents under the age of 18 to form safe habits during the pilot period. • Taxpayers should not have to assume the financial burdens of paying for injury/fatal automobile accidents when costs can be greatly diminished by wearing seatbelts and enforcing the current law! MYAC's Position The Meridian MYAC supports transferring seatbelt enforcement laws from secondary to primary status for persons under the age of 18 utilizing a three year pilot program similar to that of Utah's. Recommendations The Meridian MYAC supports the transfer of seat belt enforcement law from secondary to primary status for persons under the age of 18 for all seats of the car.This law will be on a 3- year preliminary trial period utilizing the backbone of Utah's Pilot program (Bill HB79).After 3 years we suggest the re-evaluation of this program whether it was successful in saving the state money, resources, and lives. For more information, contact Ken Corder, MYAC Advisor, Meridian Mayor's Office, Ph. 489-0535 or by email kcorder@meridiancity.org. (1) Beck,L.F.&West,B.A.(2011).Vital Signs:Nonfatal,Motor Vehicle-Occupant Injuries(2009)and Seat Belt Use(2008)Among Adults—United States.Journal of the American Medical Association,305(9). (2) Governor's Highway Safety Association(2014).Seat Belt Laws.Retrieved from htto://uhsa.orq/htrnVstateinfo/laws/seatbelt laws.html Key Supporters Advocates for Highway&Auto Safety/Saferoads.org Meridian Police Department Meridian Advocates For Youth Safety(MAYS) Meridian Anti-Drug Coalition Meridian Mayors Youth Advisory Council Ambrose School Renaissance High School Nampa High School Students Middleton Teen Council City of Glenns Ferry West Ada School District Valley View High School Kamiah Teen Council City of Pocatello Mayor's Teen Council City of Chubbock Mayors'Teen Council Idaho State Representative Rich Wills St Luke's Health Systems Buckle Up for Bobby Idaho State Police The Idaho State Department of Education Drivers Education Program National Organizations for Youth Safety National Highway Traffic Safety Administration Farmers Insurance Ada County Highway District(ACHD) Boise Police Department City Of Meridian Rep. Phylis King Association of Idaho Cities—Board of Directors Meridian Chamber of Commerce—Government Affairs Subcommittee Boiselnsure.net, LLC AAA Idaho Idaho Power (Lobbying for Hearing) Meridian City Council Meeting DATE: February 2, 2016 ITEM NUMBER: 7B PROJECT NUMBER: ITEM TITLE: Meridian Arts Commission Meridian Arts Commission: Art Gift Donation - "Bounty" by Richard Herdegen MEETING NOTES I—vir Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ART GIFT AGREEMENT Qet (, This ART GIFT AGREEMENT ("Agreement") is entered into this (�) day of Deeernbe—, tOtS, by and between the City of Meridian, Idaho, whose address is 33 E. Broadway Avenue, Meridian, Idaho ("City"), and Richard Herdegen, whose address is 5429 Capson Lane, Boise, Idaho ("Artist") (collectively, "Parties"). WHEREAS, Artist offered to give to City, as a gift, a mosaic that is thirty-three inches wide and forty-four inches tall, entitled "Bounty", created by Artist using glass and ceramic, as depicted in Exhibit hereto ("Work"); WHEREAS, on December 10, 2015, the Meridian Arts Commission received Artist's offer and recommended that the Meridian City Council accept Work as a gift to City; WHEREAS, the Meridian City Council wishes to accept such Work for display at a City facility, in order to make visual art part of the regular experience for those who utilize such facilities; to encourage dialogue about creativity in our community among the elected officials, community leadership, staff and visitors; and to provide inspiration for new ways of experiencing the arts; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties hereto do mutually agree as follows: Delivery. Artist shall deliver the Work to Arts & Culture Specialist Hillary Bodnar, at 33 E. Broadway Ave., Meridian, Idaho. Acceptance shall be signified by written receipt. 2. Copyright. Following delivery, the copyright for Work shall be held by City. The Artist shall reserve no right to reproduce the Work in any manner or for any purpose, though the Artist may request such right from City, which right City shall not unreasonably withhold. Any such right shall be conveyed in writing, and if not in writing shall not be considered duly or validly conveyed. City may use partial or complete images of such Work for promotional or other public use without further permission from Artist. While Artist shall make no claim to the copyright of the Work, Artist shall be identified as the creator of the Work, both in the vicinity of the original as publicly displayed, and in writing as to any reproduction of the Work by City for promotional or other public use. 3. Waiver and Relinquishment of Rights. Artist hereby expressly waives any and all right, title, or interest in said copyrighted Work. Artist understands that said waiver includes waivers of the exclusive rights of reproduction, adaptation, publication, performance and display. Artist agrees to relinquish any and all rights, title, and interest to the Work developed in connection with this Agreement and hereby expressly waives any rights Artist has to said Work including, but not limited to, the rights afforded artists under the Copyright Act of 1976 and the Visual Arts Rights Act of 1990, Title 17 U.S.C., sections 101 et seq. Artist understands and agrees that the right of attribution and integrity, as specifically set forth in 17 U.S.C. section 106A, are hereby expressly waived except as otherwise provided herein. To the extent that the provisions of this Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990, the provisions of this ART GIFT AGREEMENT PAGE 1 OF 3 Agreement will govern and any such differences in the rights and duties created thereunder are expressly waived. 4. Moral right. City will use best efforts to avoid and/or prevent misuse of the Artist's name and/or misuse of the Work which would reflect discredit on Artist's reputation as an artist, or which would violate the spirit of the Work. 5. Display. It is the intent of City to incorporate Work into the art collection to be displayed at Meridian City Hall or other City facility. Nothing in this Agreement, or otherwise, shall preclude the right of City to remove Work from display, whether temporarily or permanently. 6. Alteration. If any alteration occurs to the Work after installation, whether intentional or accidental and whether caused by City or others, upon written request of Artist, the Work shall no longer be represented to be the work of Artist. Other than as specified herein, Artist specifically waives the right to claim any other remedy concerning the alteration of the Work as provided for under Idaho or federal law, whether by statute or otherwise. 7. Restoration. If the Work is damaged, City shall consult Artist before any restoration efforts and shall provide Artist first opportunity to restore it, if practicable. City shall have the exclusive right to detennine when and whether repairs and restorations of the Work shall be made. 8. Retransfer. If City, in any way whatsoever, sells, gives, bequests, transfers, or trades the Work, Artist shall have no right to obtain such Work or in any way direct or prohibit such sale, gift, bequest, transfer, or trade. 9. Waiver and indemnification. 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 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 shall, and hereby does, 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. 10. 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. 11. 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. 12. Governing law. This Agreement shall be governed by the laws of the State of Idaho. ART GIFT AGREEMENT PAGE 2 OF 3 13 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 thug day Of B%1%1%1-L11pito ARTIST: Richard Herdegen CITY OF 7INDIAN: BY: - Tammy eerd, Mayor Attest: A� C�' SL4� aycee L olman City Clerk ti Glyof 7 / PTDIAN t SEAL ART GIFT AGREEMENT PAGE 3 OF 3 T. I 1 a Or da sA—• ' �� pal .'� ►.1x '41W s 1 ` I. _ 6 - `-�� �,,- Q � � � Y Q 1, J q`3`eb �_ �• ♦ Y' Www N� • � l." � * � __ a � 4 ^�• � �i�, � y �� •.fit .< ��`� `� 1.�; ,. � T` i i Wit' =� •• F �a�, '' _ i lip ease 0 .�` jam:" �� - � '`•4.s��*' � �w�� �. �-°'�'6�i�. J�` ','ter _ .nom- Ci t y C o u n c i l M e e t i n g Ci t y C o u n c i l M e e t i n g Ci t y C o u n c i l M e e t i n g Ci t y C o u n c i l M e e t i n g Fe b r u a r y 2 , 2 0 1 6 Fe b r u a r y 2 , 2 0 1 6 Fe b r u a r y 2 , 2 0 1 6 Fe b r u a r y 2 , 2 0 1 6 Sl i d e 1 h2 Ag e n d a I t e m N u m b e r s / O r d e r : ho o d c , 1 2 / 1 9 / 2 0 0 6 It e m # 8 A : B i r k d a l e E s t a t e s S u b . Vi c i n i t y / Z o n i n g M a p Si t e P l a n Si t e P l a n La n d s c a p e P l a n La n d s c a p e P l a n El e v a t i o n s It e m # 8 B : C i t a d e l S t o r a g e a t A m i t y Vi c i n i t y / Z o n i n g M a p Si t e P l a n La n d s c a p e P l a n Ph a s i n g P l a n El e v a t i o n s It e m # 8 D : P a r a m o u n t N o r t h F o r t y – P r e l i m i n a r y P l a t Zo n i n g / A e r i a l M a p Pr o p o s e d P r e l i m i n a r y P l a t Pr o p o s e d L a n d s c a p e P l a n Co n c e p t u a l B u i l d i n g E l e v a t i o n s fo r t h e A s s i s t e d L i v i n g F a c i l i t y Pr o p o s e d o n L o t 3 , B l o c k 1 It e m # 8 E : P a r a m o u n t N o r t h F o r t y Fi n a l P l a t & L a n d s c a p e P l a n Meridian City Council Meeting DATE: February 2, 2016 ITEM NUMBER: PROJECT NUMBER: H-2015-0021 ITEM TITLE: Birkdale Estates Subdivision A. Public Hearing for Birkdale Estates Subdivision (H-2015-0021) by EGC Development, LLC Located Northeast Corner of N. Meridian Road and E. Chinden Boulevard 1. Request: Annexation and Zoning of 10.06 Acres of Land with an R-2 Zoning District 2. Request: Preliminary Plat Approval Consisting of Nineteen (19) Building Lots and Four (4) Common Lots on 10.06 Acres of Land in a Proposed R- 2 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: February 2, 2016 ITEM NUMBER: $B PROJECT NUMBER: H-2015-0031 ITEM TITLE: Citadel Storage at Amity Public Hearing for Citadel Storage at Amity (H-2015-0031) by Citadel Storage, LLC Located Southeast Corner of E. Amity and N. Meridian Road 1. Request: Annexation and Zoning of 15.84 Acres of Land with an I -L Zoning District MEETING NOTES �Y Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Ci t a d e l 3 A m i t y – V i c i n i t y M a p Pr o j e c t S i t e X X X X X X X X XXXX X X X X X X X X X X X I J G F E D C B A K L M N H U R P O Q T S U Y X W V CC Z BB AA DD C O V E R E D U N C O V E R E D C O V E R E D U N C O V E R E D PH A S E 1 PH A S E 2 PH A S E 3 SHEET OFRiveRidgeEngineeringCompany2447 S. Vista Ave. Boise, Idaho 83705 Ph. (208) 344-1180, Fax (208) 344-1182 2CITADEL 3 AMITY LE G E N D : PROPOSED PHASING PLAN CO N T A C T I N F O R M A T I O N : 1 Ci t a d e l S t o r a g e a t A m i t y Re q u e s t a p p r o v a l w i t h P & Z R e c o m m e n d a t i o n s On e M o d i f i c a t i o n t o C o n d i t i o n s o f A p p r o v a l Co n d i t i o n 1 . 1 . 1 . f - F r o n t a g e i m p r o v e m e n t s Wh y ? Mo d i f y C o n d i t i o n o f A p p r o v a l Re q u e s t M o d i f i c a t i o n t o C o n d i t i o n s o f A p p r o v a l r e : Fr o n t a g e i m p r o v e m e n t s ( 1 . 1 . 1 . f ) . Wh y ? Si g n i f i c a n t g r a d e c h a l l e n g e s w i t h t h i s s i t e La n d s c a p i n g f o l l o w s g r a d i n g a n d c o n s t r u c t i o n o f b u i ld i n g s Ha r d s h i p d u e t o e x c e s s i v e c o s t a n d w a s t e t o i n s t a l l l a n d s c a p i n g , s i d e w a l k a n d re t a i n i n g w a l l s a n d l a t e r r e d o . Si n c e t h i s s i t e i s p h a s e d , t i m i n g o f l a n d s c a p e a n d pa t h w a y n e e d s t o b e i n s t a l l e d b y ph a s e j u s t a f t e r t h e b u i l d i n g s a r e b u i l t . Pr o p o s e d a l t e r n a t i v e l a n g u a g e ( 1 . 1 . 1 . f ) : “A l l l a n d s c a p e a n d f r o n t a g e i m p r o v e m e n t s a s s o c i a t e d w i t h t h e s i t e i n c l u d i n g t h e la n d s c a p e b u f f e r s a n d t h e 1 0 - f o o t w i d e m u l t i - u s e p a th w a y s s h a l l b e c o n s t r u c t e d w i t h t h e co r r e s p o n d i n g c o n s t r u c t i o n p h a s e o f t h e d e v e l o p m e n t .” Re q u e s t a p p r o v a l o f a n n e x a t i o n a n d r e z o n e w i t h c h a n ge s t o c o n d i t i o n s o f a p p r o v a l Th a n k Y o u Meridian City Council Meeting DATE: February 2, 2016 ITEM NUMBER: 8C PROJECT NUMBER: H-2015-0036 ITEM TITLE: Westborough Square Public Hearing for Westborough Square (H-2015-0036) by Northside Management Located 6340 N. Jericho Road 1. Request: Rezone of 3.32 Acres of Land from the L -O to the R-15 Zoning District 2. Request: Modification to the Conditional Use Permit (CUP -05-027) to Allow the Development of Multi -Family Instead of Offices on Phase 2 of the Site MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: February 2, 2016 ITEM NUMBER: $D PROJECT NUMBER: H-2015-0034 ITEM TITLE: Paramount North Forty Public Hearing for Paramount North Forty (H-2015-0034) by Brighton Investments, LLC Located 6280 N. Fox Run Way 1. Request: Preliminary Plat Consisting of Three (3) Building Lots, Three (3) Common Lots and Two (2) Other Lots for Future Right -of -Way Dedication MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 8 CHINDEN / FOX RUN INTERSECTION 5 4 SOUTHERLY FOX RUN WAY ACCESS 9 CHINDEN BERM, EAST TO FOX RUN INTERSECTION PR O P O S E D L A N D S C A P E EX I S T I N G L A N D S C A P E PR O P O S E D L A N D S C A P E EX I S T I N G L A N D S C A P E PROPOSED LANDSCAPE EXISTING LANDSCAPE HORIZONTAL SCALE: 1" = 80' 80'160'0 Pr o j e c t N a m e : Fi l e L o c a t i o n : g: \ 2 0 1 5 \ 1 1 5 2 1 6 \ c a d \ d d p r e - p l a t l a n d s c a p e p l a n 1 1 5 2 1 6 . d w g La s t P l o t t e d B y : mi c h a e l t h o m a s Da t e P l o t t e d : Th u r s d a y , D e c e m b e r 1 0 2 0 1 5 a t 0 9 : 5 7 A M Re v i s i o n s Th i s d o c u m e n t a n d t h e i n f o r m a t i o n c o n t a i n e d h e r e i n m a y no t b e c o p i e d o r r e p r o d u c e d w i t h o u t e x p r e s s w r i t t e n pe r m i s s i o n o f T h e L a n d G r o u p , I n c . Un a u t h o r i z e d d i s c l o s u r e o r c o n s t r u c t i o n u s e a r e p r o h i b i t e d by c o p y r i g h t l a w . Date of Issuance: Project No.: Designed by: Checked by: Sheet No.: Sh e e t T i t l e : L1.00 DK MRT 12.10.2015 115216 La n d s c a p e P l a n Ov e r v i e w P l a n Pa r a m o u n t N o r t h e a s t No r t h 4 0 P r e l i m i n a r y - P l a t Me r i d i a n , I d a h o WIDTH OF STREET BUFFERS, LINEAL FEET OF STREET FRONTAGE, NUMBER OF STREET TREES: CHINDEN BOULEVARD, ' BUFFER, 1,345' LINEAL STREET FRONTAGE, 38 TREES PROVIDED (38 REQUIRED) MERIDIAN ROAD, 25' BUFFER, 560' LINEAL STREET FRONTAGE, 16 TREES PROVIDED (16 REQUIRED) TREE MITIGATION:N/A Project Calculations: Preliminary Plat Landscape Plan - Overview EXISTING LANDSCAPE EXISTING LANDSCAPE SHEET L1.01 SH E E T L 1 . 0 2 PR O P O S E D L A N D S C A P E EX I S T I N G L A N D S C A P E PR O P O S E D L A N D S C A P E EX I S T I N G L A N D S C A P E DECORATIVE SCREEN WALL. 4' TO 6' IN HEIGHT.DECORATIVE SCREEN WALL. 4' TO 6' IN HEIGHT. EARTH BERM SCREEN EARTH BERM SCREEN 10' PATHWAY10' PATHWAY MR MS PC Malus x 'Royalty' Malus x 'Spring Snow' Prunus ceracifera 'Newportii' Royalty Crabapple Spring Snow Crabapple Newport Plum 212" CAL. B&B 212" CAL. B&B 212" CAL. B&B 212" CAL. B&B October Glory Maple Autumn Purple Ash Tulip Tree Greenspire Little Leaf Linden Acer rubrum 'October Glory' Fraxinus americana 'Autumn Purple' Liriodendron tulipifera Tilia cordata 'Greenspire' AR FA LT TC #1 #5 #10 #1 #1 #1 #2 #5 #1 #5 #2 Feather Reed Grass Ivory Halo Dogwood Weeping Purple Beech Stella de Oro Daylily Flame Grass Blue Oat Grass Russian Sage Cistena Plum Dwarf Fountain Grass Dwarf White Pine Red Flower Carpet Rose Calamagrostis x acutiflora Cornus alba 'Bailhalo' Fagus sylvatica 'Purpurea Pendula' Helitoctrichon sempervirens Hemerocallis 'Stella de Oro' Miscanthus sinensis purpurescens Perovskia atriplicifolia Prunus cistena Pennisetum alopecuroides 'Hameln' Pinus strobus 'Nana' Rosa x 'Noare' CA CB FA HE HS MS PA PC PE PS RF Key Botanical Name Common Name Size Notes Deciduous Shade Trees Ornamental Flowering Trees Shrubs/Perennials/Ornamental Grasses 212" CAL. B&B 212" CAL. B&B 212" CAL. B&B Coniferous Trees 6'-7' B&B 6'-7' B&B 6'-7' B&B 6'-7' B&B Norway Spruce Vanderwolf's Limber Pine Colorado Blue Spruce Austrian Black Pine Picea abies Pinus flexilis 'Vanderwolf' Picea pungens glauca Pinus nigra PA PF PG PN Symbol Preliminary Plant Schedule HORIZONTAL SCALE: 1" = 50' Preliminary Plat Landscape Plan - Chinden Road 50'100'0 PREVAILING WIND DIRECTION REMOVE DEAD/DAMAGED BRANCHES AND PRUNE TO INTERNATIONAL SOCIETY OF ARBORICULTURE STANDARDS; IMPROPERLY PRUNED TREES (AS DETERMINED BY THE LANDSCAPE ARCHITECT) SHALL BE REMOVED AND REPLACED. SET ROOTBALL ON NATIVE UNDISTURBED SUBSOIL COMMERCIAL SLOW RELEASE FERTILIZER TABLETS BACKFILL WITH SOIL PLANTING MIX. SEE SPECIFICATIONS FOR ADDITIONAL INFORMATION. 3" THICK BARK MULCH LAYER, KEEP BARK MULCH 3" AWAY FROM TRUNK 2" x 2" x 8" CEDAR STAKE - DO NOT PENETRATE ROOTBALL. SEE NOTE 1. SET STAKES PARALLEL TO PREVAILING WIND. RUBBER CINCH TIE FINISH GRADE ROOT PROBE SOIL LINE UTILIZE SOIL/ROOT PROBE AROUND TRUNK (APPROX. 3-4" AWAY FROM TRUNK) TO LOCATE HIGHEST ROOTS. HIGHEST ROOTS SHOULD BE POSITIONED AT OR SLIGHTLY ABOVE GRADE LEVEL. REMOVE BURLAP, TWINE, AND WIRE BASKET FROM TOP 12 OF ROOTBALL, REMOVE ALL NAILS, TIES, AND PLASTIC FROM ROOTBALL. IF SYNTHETIC BURLAP IS UTILIZED TO WRAP THE ROOTBALL, IT SHALL BE COMPLETELY REMOVED. ONLY BIODEGRADEABLE BURLAP SHALL BE LEFT ON THE BOTTOM OF THE ROOTBALL. 2x ROOTBALL DIAMETER 3x ROOTBALL DIAMETER 6" NOTES: 1.THE STAKING OF TREES IS TO BE THE CONTRACTOR'S OPTION; HOWEVER, THE CONTRACTOR IS RESPONSIBLE TO INSURE THAT ALL TREES ARE PLANTED STRAIGHT AND THAT THEY REMAIN STRAIGHT FOR A MINIMUM OF 1 YEAR. ALL STAKING SHALL BE REMOVED AT THE END OF THE ONE YEAR WARRANTY PERIOD. 2.IN THE EVENT OF A QUESTION OR LACK OF CLARITY ON THE DRAWINGS, THE CONTRACTOR IS TO NOTIFY THE LANDSCAPE ARCHITECT BEFORE PROCEEDING. 3.LANDSCAPE CONTRACTOR IS TO NOTIFY THE LANDSCAPE ARCHITECT AND OWNER PRIOR TO INSTALLATION OF PLANT MATERIAL. 4.WRAP RUBBER CINCH TIES AROUND THE TREE TRUNKS AND STAKES USING EITHER THE STANDARD OR FIGURE EIGHT TYING METHOD. SECURE THE TIES TO THE STAKES WITH GALVANIZED NAILS TO PREVENT SLIPPAGE. 5.WATER TREE TWICE WITHIN THE FIRST 24 HOURS. 6.IN THE EVENT HARDPAN SOILS PREVENT TREE PLANTING AS DETAILED, NOTIFY THE LANDSCAPE ARCHITECT IMMEDIATELY. TREE WRAP TRUNK PROTECTION, REMOVE AFTER INSTALLATION 3" 1 Deciduous Tree Planting Scale: NTS Pr o j e c t N a m e : Fi l e L o c a t i o n : g: \ 2 0 1 5 \ 1 1 5 2 1 6 \ c a d \ d d p r e - p l a t l a n d s c a p e p l a n 1 1 5 2 1 6 . d w g La s t P l o t t e d B y : mi c h a e l t h o m a s Da t e P l o t t e d : Th u r s d a y , D e c e m b e r 1 0 2 0 1 5 a t 0 9 : 5 9 A M Re v i s i o n s Th i s d o c u m e n t a n d t h e i n f o r m a t i o n c o n t a i n e d h e r e i n m a y no t b e c o p i e d o r r e p r o d u c e d w i t h o u t e x p r e s s w r i t t e n pe r m i s s i o n o f T h e L a n d G r o u p , I n c . Un a u t h o r i z e d d i s c l o s u r e o r c o n s t r u c t i o n u s e a r e p r o h i b i t e d by c o p y r i g h t l a w . Date of Issuance: Project No.: Designed by: Checked by: Sheet No.: Sh e e t T i t l e : L1.01 DK MRT 12.10.2015 115216 La n d s c a p e P l a n Ch i n d e n R o a d Pa r a m o u n t N o r t h e a s t No r t h 4 0 P r e l i m i n a r y - P l a t Me r i d i a n , I d a h o Project Calculations: SOD LAWN Legend 1.TREES SHALL NOT BE PLANTED WITHIN THE 10' CLEAR ZONE OF ALL ACHD STORM DRAIN PIPE, STRUCTURES, OR FACILITIES. ACHD Landscape Plan Notes 1.NO CANALS, CREEKS, DRAINS, PONDS, WETLANDS, FLOODPLAINS, HIGH GROUNDWATER AREAS, OR ROCK OUTCROPPINGS ARE EXISTING ON THIS SITE. 2.NO TREES ARE EXISTING ON SITE WITH A DIAMETER OF 4" OR GREATER. 3.EXISTING BUILDINGS, STRUCTURES, PLANTING AREAS, LIGHT POLES, WALLS, FENCES, BERMS, PARKING AND LOADING AREAS, VEHICULAR DRIVES, TRASH AREAS, SIDEWALKS, PATHWAYS, STORMWATER DETENTION AREAS, SIGNS, STREET FURNITURE OR OTHER MAN-MADE ELEMENTS ARE ON THIS SITE AND ARE LABELED AS "EXISTING LANDSCAPE". 4.NO SLOPES GREAT THAN 20% SLOPE EXIST OR ARE PROPOSED ON THIS SITE. 5.NO FENCING IS PROPOSED WITH THIS PLAN. 6.NEW TREE PLANTING, SEE DETAIL 1/L1.01 & L1.02. CONTRACTOR SHALL STAKE ALL TREES DEEMED NECESSARY, I.E..... FROM BEING BLOWN OVER, PLANTED WITH LOOSE ROOT BALL, ETC. CONTRACTOR'S OPTION. Preliminary Plat Landscape Notes 1.STREET TREES PLANTED WITHIN PARKWAYS SHALL BE INSTALLED AT ONE TREE PER 35' LINEAR FEET, LESS DRIVEWAY WIDTH, PER LOT. IF STREET TREES ARE UNABLE TO BE INSTALLED WITHIN THE PROPOSED PARKWAYS DUE TO ACHD SEEPAGE BED LOCATION, THE REQUIRED TREES SHALL BE PLANTED ON THE ADJACENT BUILDABLE LOT. THESE TREES MAY BE INSTALLED AT THE TIME OF THE LOT DEVELOPMENT.   2.TREES SHALL NOT BE PLANTED WITHIN A MINIMUM 5' OF ANY CITY WATER SERVICE. City of Meridian Street Tree Notes WIDTH OF STREET BUFFERS, LINEAL FEET OF STREET FRONTAGE, NUMBER OF STREET TREES: CHINDEN BOULEVARD, ' BUFFER, 1,345' LINEAL STREET FRONTAGE, 38 TREES PROVIDED (38 REQUIRED) MERIDIAN ROAD, 25' BUFFER, 560' LINEAL STREET FRONTAGE, 16 TREES PROVIDED (16 REQUIRED) TREE MITIGATION:N/A MR MS PC Malus x 'Royalty' Malus x 'Spring Snow' Prunus ceracifera 'Newportii' Royalty Crabapple Spring Snow Crabapple Newport Plum 212" CAL. B&B 212" CAL. B&B 212" CAL. B&B 212" CAL. B&B October Glory Maple Autumn Purple Ash Tulip Tree Greenspire Little Leaf Linden Acer rubrum 'October Glory' Fraxinus americana 'Autumn Purple' Liriodendron tulipifera Tilia cordata 'Greenspire' AR FA LT TC #1 #5 #10 #1 #1 #1 #2 #5 #1 #5 #2 Feather Reed Grass Ivory Halo Dogwood Weeping Purple Beech Stella de Oro Daylily Flame Grass Blue Oat Grass Russian Sage Cistena Plum Dwarf Fountain Grass Dwarf White Pine Red Flower Carpet Rose Calamagrostis x acutiflora Cornus alba 'Bailhalo' Fagus sylvatica 'Purpurea Pendula' Helitoctrichon sempervirens Hemerocallis 'Stella de Oro' Miscanthus sinensis purpurescens Perovskia atriplicifolia Prunus cistena Pennisetum alopecuroides 'Hameln' Pinus strobus 'Nana' Rosa x 'Noare' CA CB FA HE HS MS PA PC PE PS RF Key Botanical Name Common Name Size Notes Deciduous Shade Trees Ornamental Flowering Trees Shrubs/Perennials/Ornamental Grasses 212" CAL. B&B 212" CAL. B&B 212" CAL. B&B Coniferous Trees 6'-7' B&B 6'-7' B&B 6'-7' B&B 6'-7' B&B Norway Spruce Vanderwolf's Limber Pine Colorado Blue Spruce Austrian Black Pine Picea abies Pinus flexilis 'Vanderwolf' Picea pungens glauca Pinus nigra PA PF PG PN Symbol Preliminary Plant Schedule PROPOSED LANDSCAPE EXISTING LANDSCAPE HORIZONTAL SCALE: 1" = 50' 50'100'0 Pr o j e c t N a m e : Fi l e L o c a t i o n : g: \ 2 0 1 5 \ 1 1 5 2 1 6 \ c a d \ d d p r e - p l a t l a n d s c a p e p l a n 1 1 5 2 1 6 . d w g La s t P l o t t e d B y : mi c h a e l t h o m a s Da t e P l o t t e d : Th u r s d a y , D e c e m b e r 1 0 2 0 1 5 a t 0 9 : 5 9 A M Re v i s i o n s Th i s d o c u m e n t a n d t h e i n f o r m a t i o n c o n t a i n e d h e r e i n m a y no t b e c o p i e d o r r e p r o d u c e d w i t h o u t e x p r e s s w r i t t e n pe r m i s s i o n o f T h e L a n d G r o u p , I n c . Un a u t h o r i z e d d i s c l o s u r e o r c o n s t r u c t i o n u s e a r e p r o h i b i t e d by c o p y r i g h t l a w . Date of Issuance: Project No.: Designed by: Checked by: Sheet No.: Sh e e t T i t l e : L1.02 DK MRT 12.10.2015 115216 La n d s c a p e P l a n Me r i d i a n R o a d Pa r a m o u n t N o r t h e a s t No r t h 4 0 P r e l i m i n a r y - P l a t Me r i d i a n , I d a h o Project Calculations: SOD LAWN Legend 1.TREES SHALL NOT BE PLANTED WITHIN THE 10' CLEAR ZONE OF ALL ACHD STORM DRAIN PIPE, STRUCTURES, OR FACILITIES. ACHD Landscape Plan Notes 1.NO CANALS, CREEKS, DRAINS, PONDS, WETLANDS, FLOODPLAINS, HIGH GROUNDWATER AREAS, OR ROCK OUTCROPPINGS ARE EXISTING ON THIS SITE. 2.NO TREES ARE EXISTING ON SITE WITH A DIAMETER OF 4" OR GREATER. 3.EXISTING BUILDINGS, STRUCTURES, PLANTING AREAS, LIGHT POLES, WALLS, FENCES, BERMS, PARKING AND LOADING AREAS, VEHICULAR DRIVES, TRASH AREAS, SIDEWALKS, PATHWAYS, STORMWATER DETENTION AREAS, SIGNS, STREET FURNITURE OR OTHER MAN-MADE ELEMENTS ARE ON THIS SITE AND ARE LABELED AS "EXISTING LANDSCAPE". 4.NO SLOPES GREAT THAN 20% SLOPE EXIST OR ARE PROPOSED ON THIS SITE. 5.NO FENCING IS PROPOSED WITH THIS PLAN. 6.NEW TREE PLANTING, SEE DETAIL 1/L1.01 & L1.02. CONTRACTOR SHALL STAKE ALL TREES DEEMED NECESSARY, I.E..... FROM BEING BLOWN OVER, PLANTED WITH LOOSE ROOT BALL, ETC. CONTRACTOR'S OPTION. Preliminary Plat Landscape Notes 1.STREET TREES PLANTED WITHIN PARKWAYS SHALL BE INSTALLED AT ONE TREE PER 35' LINEAR FEET, LESS DRIVEWAY WIDTH, PER LOT. IF STREET TREES ARE UNABLE TO BE INSTALLED WITHIN THE PROPOSED PARKWAYS DUE TO ACHD SEEPAGE BED LOCATION, THE REQUIRED TREES SHALL BE PLANTED ON THE ADJACENT BUILDABLE LOT. THESE TREES MAY BE INSTALLED AT THE TIME OF THE LOT DEVELOPMENT.   2.TREES SHALL NOT BE PLANTED WITHIN A MINIMUM 5' OF ANY CITY WATER SERVICE. City of Meridian Street Tree Notes NOTES: 1.THE STAKING OF TREES IS TO BE THE CONTRACTOR'S OPTION; HOWEVER, THE CONTRACTOR IS RESPONSIBLE TO INSURE THAT ALL TREES ARE PLANTED STRAIGHT AND THAT THEY REMAIN STRAIGHT FOR A MINIMUM OF 1 YEAR. ALL STAKING SHALL BE REMOVED AT THE END OF THE ONE YEAR WARRANTY PERIOD. 2.IN THE EVENT OF A QUESTION OR LACK OF CLARITY ON THE DRAWINGS, THE CONTRACTOR IS TO NOTIFY THE LANDSCAPE ARCHITECT BEFORE PROCEEDING. 3.LANDSCAPE CONTRACTOR IS TO NOTIFY THE LANDSCAPE ARCHITECT AND OWNER PRIOR TO INSTALLATION OF PLANT MATERIAL. 4.WRAP RUBBER CINCH TIES AROUND THE TREE TRUNKS AND STAKES USING EITHER THE STANDARD OR FIGURE EIGHT TYING METHOD. SECURE THE TIES TO THE STAKES WITH GALVANIZED NAILS TO PREVENT SLIPPAGE. 5.WATER TREE TWICE WITHIN THE FIRST 24 HOURS. 6.IN THE EVENT HARDPAN SOILS PREVENT TREE PLANTING AS DETAILED, NOTIFY THE LANDSCAPE ARCHITECT IMMEDIATELY. PREVAILING WIND DIRECTION REMOVE DEAD/DAMAGED BRANCHES AND PRUNE TO INTERNATIONAL SOCIETY OF ARBORICULTURE STANDARDS; IMPROPERLY PRUNED TREES (AS DETERMINED BY THE LANDSCAPE ARCHITECT) SHALL BE REMOVED AND REPLACED. SET ROOTBALL ON NATIVE UNDISTURBED SUBSOIL COMMERCIAL SLOW RELEASE FERTILIZER TABLETS BACKFILL WITH SOIL PLANTING MIX. SEE SPECIFICATIONS FOR ADDITIONAL INFORMATION. 3" THICK BARK MULCH LAYER, KEEP BARK MULCH 3" AWAY FROM TRUNK 2" x 2" x 8" CEDAR STAKE - DO NOT PENETRATE ROOTBALL. SEE NOTE 1. SET STAKES PARALLEL TO PREVAILING WIND. RUBBER CINCH TIE FINISH GRADE ROOT PROBE SOIL LINE UTILIZE SOIL/ROOT PROBE AROUND TRUNK (APPROX. 3-4" AWAY FROM TRUNK) TO LOCATE HIGHEST ROOTS. HIGHEST ROOTS SHOULD BE POSITIONED AT OR SLIGHTLY ABOVE GRADE LEVEL. REMOVE BURLAP, TWINE, AND WIRE BASKET FROM TOP 12 OF ROOTBALL, REMOVE ALL NAILS, TIES, AND PLASTIC FROM ROOTBALL. IF SYNTHETIC BURLAP IS UTILIZED TO WRAP THE ROOTBALL, IT SHALL BE COMPLETELY REMOVED. ONLY BIODEGRADEABLE BURLAP SHALL BE LEFT ON THE BOTTOM OF THE ROOTBALL. 2x ROOTBALL DIAMETER 3x ROOTBALL DIAMETER 3" 1 Coniferous Tree Planting Scale: NTS Preliminary Plat Landscape Plan - Meridian Road WIDTH OF STREET BUFFERS, LINEAL FEET OF STREET FRONTAGE, NUMBER OF STREET TREES: CHINDEN BOULEVARD, ' BUFFER, 1,345' LINEAL STREET FRONTAGE, 38 TREES PROVIDED (38 REQUIRED) MERIDIAN ROAD, 25' BUFFER, 560' LINEAL STREET FRONTAGE, 16 TREES PROVIDED (16 REQUIRED) TREE MITIGATION:N/A Meridian City Council Meeting DATE: February 2, 2016 ITEM NUMBER: $E PROJECT NUMBER: H-2015-0033 ITEM TITLE: Paramount Veranda Final Plat for Paramount Veranda (H-2015-0033) by Brighton Investments, LLC Located 6280 N. Fox Run Way 1. Request: Final Plat Approval Consisting of One (1) Building Lot, Two (2) Common Area Lots and One (1) Other Lot for Future Right -of -Way Dedication MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: February 2, 2016 ITEM NUMBER: 9A PROJECT NUMBER: ITEM TITLE: Continued Department Reports Community Development: Update and Discussion regarding the Oaks Subdivision Reimbursement Agreement for Infrastructure Enhancement MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: February 2, 2016 ITEM NUMBER: 1 OA PROJECT NUMBER: ITEM TITLE: Ordinances A. Ordinance No. 16,1k,11 An Ordinance Amending Meridian City Code Section 8-6-5, Regarding Reimbursement Agreements For Infrastructure Enhancements; Amending Meridian City Code Section 8- 6-5(B) To Add A Definition Of Equivalent Residential Unit; Amending Meridian City Code Section 8-6-5(C)(7)(C), Regarding Calculation Of Beneficiary Reimbursement Amount By Equivalent Residential Unit; Amending Meridian City Code Section 8-6-5(D)(2), Regarding Timing Of Collection Of Beneficiary Reimbursement Amounts; Adopting A Savings 31re I a no we If a NMI, DT NOTESMEETING Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN ORDINANCE NO. l u i ui l BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE AMENDING MERIDIAN CITY CODE SECTION 8-6-5, REGARDING REIMBURSEMENT AGREEMENTS FOR INFRASTRUCTURE ENHANCEMENTS; AMENDING MERIDIAN CITY CODE SECTION 8-6-5(B) TO ADD A DEFINITION OF EQUIVALENT RESIDENTIAL UNIT; AMENDING MERIDIAN CITY CODE SECTION 8-6-5(C)(7)(c), REGARDING CALCULATION OF BENEFICIARY REIMBURSEMENT AMOUNT BY EQUIVALENT RESIDENTIAL UNIT; AMENDING MERIDIAN CITY CODE SECTION 8-6-5(D)(2), REGARDING TIMING OF COLLECTION OF BENFICIARY REIMBURSEMENT AMOUNTS; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, reimbursement agreements for infrastructure enhancements currently contemplate reimbursement on a per -acre basis and, following consultation with the development community, the City Council of the City of Meridian finds that another equitable method of reimbursement for certain sanitary sewer infrastructure enhancements is on a per Equivalent Residential Unit (" BRU") basis; and WHEREAS, amending provisions of the reimbursement agreement ordinance regarding collection of beneficiary reimbursement amounts will provide enhanced clarity in the administration of such agreements; and WHEREAS, for these reasons, the Mayor and City Council find that it is in the best interest of the health, safety, and welfare of the people of Meridian to implement the following amendments to Meridian City Code; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 8, Chapter 6, Section 5 of the Meridian City Code shall be amended as follows: 8-6-5: REIMBURSEMENT AGREEMENT FOR INFRASTRUCTURE ENHANCEMENT: A. Purpose: 1. To establish a procedure to reimburse developers for the differential costs associated with the installation of sanitary sewer and/or water infrastructure above and beyond that which is necessary to provide service to the developer's own project. 2. To provide an incentive to developers to install sanitary sewer and/or water infrastructure with the capacity to serve future growth as well as the developer's own project in growth priority areas. TITLE 8, CHAPTER 6, SECTION 5 — AMENDMENT PAGE 1 of 8 3. To clarify that all infrastructure installed pursuant to the procedure set forth in this section shall become part of the city of Meridian's sanitary sewer and/or water system. 4. To provide reasonable incentives to direct growth for future development. 5. To ensure that new infrastructure is provided at no cost to the city, upon the city's acceptance of such infrastructure, rather than upon full reimbursement to the developer installing such infrastructure. 6. To allow for a reimbursement agreement for infrastructure enhancement (RAIE) only for infrastructure enhancements constructed in conjunction with developments for which the preliminary plat has been approved no earlier than March 1, 2007, or at the request of the director for projects that would not require a preliminary plat. B. Definitions: BENEFICIARY: A person or entity that is or will be the recipient of some or all proceeds or benefits collected, distributed, and/or realized pursuant to an RAIE and/or the provisions of this section. BENEFICIARY PARCEL: A parcel of land upon which is situated development that utilizes or could utilize any utilities or infrastructure constructed by the city or by a private individual, where no owner or developer thereof has directly contributed to the cost of constructing such utilities or infrastructure. BENEFICIARY REIMBURSEMENT AMOUNT: The amount collected from beneficiaries of infrastructure enhancements installed pursuant to an RAIE upon development of beneficiary parcels. The beneficiary reimbursement fee shall be determined by dividing the total eligible reimbursement amount by the acreage or Equivalent Residential Units within the service benefit area. 7• Wier- to the ; o of the first building pe +A 3. A4 another point as de4ennined by the e4y. CITY AND CITY COUNCIL: The city of Meridian and the duly sworn city council of the city of Meridian. DEVELOPER: A person or entity that engages in development. DEVELOPMENT: Any aspect of improving, constructing, subdividing, and/or investing in land capacity and infrastructure for the purpose of growing residential, commercial, industrial, or other community enhancement opportunities. DIRECTOR: The director of the city of Meridian public works department, and/or his or her designee. TITLE 8, CHAPTER 6, SECTION 5 —AMENDMENT PAGE 2 of 8 ELIGIBLE REIMBURSEMENT AMOUNT: The actual differential cost between an infrastructure enhancement and infrastructure necessary to provide service to the developer's own project. The total eligible reimbursement amount shall include only reasonable engineering, surveying, construction staking, license agreements, easements, testing, and project management. EQUIVALENT RESIDENTIAL UNIT ("BRU"): The service to a typical residential house on an individual lot that is occupied by an average single-family dwellingis s designated as one equivalent residential unit or "ERU". GROWTH PRIORITY AREAS: The city of Meridian public works department, in conjunction with the Meridian planning department, shall develop a map indicating growth priority areas within the sewer master planning areas. The growth priority area map, once approved by the Meridian city council, shall be used to determine the percentage of eligible reimbursement amount that a particular parcel within the master planning area may be eligible to receive. In the event that a development spans across more than one growth priority area, the designation for the greatest portion of the development shall be used for the entire development. INCENTIVE FUNDS: Funds allocated by the city for use to provide incentive for directing growth to identified priority areas. INFRASTRUCTURE: A sewer and/or water main and all associated components thereof. INFRASTRUCTURE ENHANCEMENT: Infrastructure above and beyond that which is necessary to provide service to the developer's own project, installed by a developer pursuant to an RAIE and/or the provisions of this section. INFRASTRUCTURE MASTER PLAN: The plan for overall citywide sewer and water infrastructure installation as approved by the director and the city council. REIMBURSEMENT AGREEMENT FOR INFRASTRUCTURE ENHANCEMENTS (RAIE): A written agreement voluntarily entered into between the city and the developer installing an infrastructure enhancement as a component of a specified development, the terms of which agreement shall be mutually negotiated and agreed upon in compliance with the provisions of this section, the infrastructure master plan, and the particular infrastructure needs of the development and its service benefit area. SERVICE BENEFIT AREA: The land area and all development thereon that, in the foreseeable future, will be served by an infrastructure enhancement installed by the developer pursuant to an RAIE and the provisions of this section. The service benefit area shall not include the developer's own property. USER: Any person or entity using or requesting the use of infrastructure. C. Procedure: 1. Only infrastructure enhancements constructed in conjunction with developments for which the preliminary plat has been approved no earlier than March 1, 2007, or at the request of the TITLE 8, CHAPTER 6, SECTION 5 — AMENDMENT PAGE 3 of 8 director for projects that would not require a preliminary plat shall be eligible for reimbursement under an RAIE. 2. The city or a developer may request or propose an RAIE. Neither the city nor any developer shall be required to enter into an RAIE. The city council shall consider the recommendation of the director in determining whether or not an RAIE may be feasible and in the best interest of the city. 3. Upon a determination by the city that it may be feasible and in the best interest of the city to enter into an RAIE, the city shall invite the developer to submit a written reimbursement proposal. 4. The developer shall submit such written reimbursement proposal to the director, which written request shall include: a. The estimated costs of engineering, surveying, construction staking, license agreements, easements, testing, project management, and construction of the infrastructure necessary to provide service to the developer's own project. This estimate shall be based on the construction of infrastructure for the developer's property as a stand alone project that would, in all respects, meet the standards of the Idaho standards for public works construction (ISPWC), city of Meridian supplemental specifications and drawings to the Idaho standards for public works construction, and the city of Meridian infrastructure master plan. b. The estimated costs of engineering, surveying, construction staking, license agreements, easements, testing, and project management, and construction of the infrastructure for the service benefit area per the infrastructure master plans. c. A detailed reimbursement proposal, including certification of a registered professional engineer regarding the sizing and capacity requirements for the developer's own project, the cost of design, construction, and installation thereof, and certification of a registered professional engineer regarding the sizing and capacity requirements for the above and beyond infrastructure as required by the city of Meridian public works infrastructure master plans. 5. Upon receipt of the developer's written reimbursement proposal, the director shall have a staff report prepared to include the following: a. Whether the proposal meets all provisions of this section and/or other applicable standards and laws, including whether the proposed new infrastructure and utilities serving development in the city of Meridian can be planned and installed so as to comply with the minimum main size, depth, and general location as specified in the Idaho standards for public works construction (ISPWC); the city of Meridian supplemental specifications and drawings to the Idaho standards for public works construction; and the city of Meridian infrastructure master plan. b. Determine the service benefit area. c. Whether the project, as proposed, is eligible for reimbursement. d. A preliminary determination of eligibility for an RAIE. e. Whether the director recommends city council approval, modification, or denial of such reimbursement proposal. TITLE 8, CHAPTER 6, SECTION 5 —AMENDMENT PAGE 4 of 8 The director shall provide the staff report to the developer, advising that the preliminary determination of eligibility shall not be construed as city council approval of the reimbursement proposal, unless and until finally approved by city council. 6. Upon a recommendation of approval of the proposed plans, the department shall forward the staff report and the plans to the city clerk for review by city council. City council shall preliminarily approve, deny, or require modifications to the reimbursement proposal. 7. Upon city council's preliminary approval of the reimbursement proposal, the city attorney shall, with the developer and the department, prepare an RAIE. The RAIE shall include all of the following terms in addition to any others as agreed to by the parties: a. Incorporation of the reimbursement proposal as approved by city council; b. The service benefit area that will be served by the project infrastructure; c. The per acre or equivalent residential unit beneficiary reimbursement amount, to be calculated by dividing the eligible reimbursement amount by either the acreage or ERUs within the service benefit area; d. The total beneficiary reimbursement amount to be assessed against the beneficiaries within the service benefit area, plus a fifteen percent (15%) administrative charge to be collected by the city from such beneficiaries, which percentage shall be based upon the cost of the infrastructure enhancement and not on the total cost of the development project; e. The total maximum eligible reimbursement amount, less the administrative charge; f. The growth priority designation of the development, including the source of funds that will comprise the eligible reimbursement amount; g. The term of the agreement, which term shall not exceed ten (10) years, unless the city is the beneficiary of the agreement, except that the RAIE may be extended upon the recommendation of the director, with the approval of city council; h. That the RAIE will terminate when either of the following events occur, whichever comes first: (1) Expiration of the term of the agreement; or (2) Upon the city's remittance to the developer of the full eligible reimbursement amount; i. That the RAIE may be assigned or transferred with the express written consent of the city council, which consent shall not be unreasonably withheld; j. That the developer shall be required to indemnify and hold the city harmless from any and all liability whatsoever until the infrastructure has been accepted by the city; k. That the agreement shall be binding on the developer and his or her heirs, assignees, transferees, agents, and executors; 1. A condition that the parties must renegotiate a final agreement that will contain all final costs of construction; in. That the agreement shall be recorded as a notice against the property of the developer and the benefited properties; and n. The final RAIE will be prepared with all final costs of construction that have been submitted to the director by the developer at completion of construction, and shall be verified by the director prior to the approval of the city council. 8. After the project is complete the final RAIE can be completed, approved, and recorded. TITLE 8, CHAPTER 6, SECTION 5 -AMENDMENT PAGE 5 Of 8 9. After all inspections are complete and the construction has met all standards of the RAIE the city shall issue a letter of acceptance of the installed infrastructure and shall take over ownership and maintenance of the infrastructure. D. Reimbursement: 1. Upon completion of installation of infrastructure as set forth in the RAIE, the city shall reimburse the developer from reimbursement amounts collected from the service benefit area when, and only when, such amounts are collected. 2. , shall assess the r-eimbur-seffieiA amoup against aereage developed within eaeh phase at gie time of devel,,,.m +. The beneficiary reimbursement amount shall be collected upon development of beneficiary parcels at one of the following_ points: Prior to signature on the final plat, Prior to the issuance of the first building permit, or at another point as determined by the city. 3. Where a property outside the service benefit area benefits from the infrastructure installed to serve the service benefit area, the owner of such property shall be assessed the reimbursement amounts as established by the structured reimbursement agreement, upon agreement of the city and the benefiting property owner. 4. The city of Meridian shall collect reimbursement amounts based upon this section. Twice yearly the city shall audit and process reimbursement payments on a schedule to be determined by the city. E. Incentivized Reimbursement For Growth Priority Areas: 1. The city of Meridian public works department, in conjunction with the Meridian planning department, shall develop a map indicating growth priority areas within the sewer master planning areas. The growth priority area map, once approved by the Meridian city council, shall be used to determine the percentage of eligible reimbursement amount that a particular parcel within the master planning area may be eligible to receive. In the event that a development spans across more than one growth priority area, the designation for the greatest portion of the development shall be used for the entire development. 2. To incentivize development in particular areas, developers may be reimbursed as negotiated by the parties and mutually agreed, in writing, in an RAIE, according to the following schedule: a. In low growth priority areas, the developer shall be entitled to one hundred percent (100%) of the eligible reimbursement amount, which shall be recouped from beneficiary reimbursement fees. No additional city funds shall be contributed to reimburse the developer installing infrastructure enhancements in a low growth priority area. b. In medium growth priority areas, the developer shall be entitled to one hundred percent (100%) of the eligible reimbursement amount, which shall be recouped from beneficiary reimbursement fees, and the parties may negotiate an additional payment of up to ten percent (10%) of the eligible reimbursement amount, which shall be provided from city funds. c. In high growth priority areas, the developer shall be entitled to one hundred percent (100%) of the eligible reimbursement amount, which shall be recouped from beneficiary TITLE 8, CHAPTER 6, SECTION 5 - AMENDMENT PAGE 6 Of 8 reimbursement fees, and the parties may negotiate an additional payment of up to twenty percent (20%) of the eligible reimbursement amount, which shall be provided from city funds. 3. All city of Meridian incentive funds paid towards an RAIE shall be remitted to developer within thirty (30) days after the completion of the project. 4. All remaining funds paid to a developer shall be from the reimbursement amount collected from the properties located within the service benefit area. F. Reimbursement To The City: Where the city constructs any infrastructure, regardless of whether it is master planned or not, either on its own or in conjunction with another person or entity, the city may prepare and record a reimbursement memorandum that shall have the same force and effect as an RAIE so that the city shall be reimbursed by beneficiary parcels for its actual costs of construction. The term of an RAIE of this type shall be of any length as determined by the city council. The incentivized growth priority area reimbursement structure shall not apply to such memoranda. Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 3: That this Ordinance shall be in full force and effect upon passage and publication. r� PASSED by the City Council of the City of Meridian, Idaho, this day of 2016. PPROVED by the Mayor of the City of Meridian, Idaho, this day of 2016. APPROVED: Mayor e Weerd ATTEST: G�ATrn itis — G ! 'a rF By: , �t aycee Holman, City Clerk,_ �' 4scno ��1 r SEAL 6� Nti� 4 TITLE 8, CHAPTER 6, SECTION 5 — AMENDMENT PAGE 7 of 8 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 16 - AN ORDINANCE AMENDING MERIDIAN CITY CODE SECTION 8-6-5, REGARDING REIMBURSEMENT AGREEMENTS FOR INFRASTRUCTURE ENHANCEMENTS; AMENDING MERIDIAN CITY CODE SECTION 8-6-5(B) TO ADD A DEFINITION OF EQUIVALENT RESIDENTIAL UNIT; AMENDING MERIDIAN CITY CODE SECTION 8-6-5(C)(7)(c), REGARDING CALCULATION OF BENEFICIARY REIMBURSEMENT AMOUNT BY EQUIVALENT RESIDENTIAL UNIT; AMENDING MERIDIAN CITY CODE SECTION 8-6-5(D)(2), REGARDING TIMING OF COLLECTION OF BENFICIARY REIMBURSEMENT AMOUNTS; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. City of Meridian Mayor and City Council By: Jaycee Holman, City Clerk First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code § 50-902: YES NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 16 - The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance no. 16- of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this day of , 2016. William. L.M. Nary City Attorney TITLE 8, CHAPTER 6, SECTION 5 —AMENDMENT PAGE 8 of 8