HomeMy WebLinkAboutAcceptance Agreement for Display of Artwork in IPG - Tim MurphyACCEPTANCE 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 May, 2016 ("Effective Date"), by and
between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"),
and Tim Murphy, 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,
has invited Artist to display his 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, 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 artwork to Initial Point Gallery, on July 29, 2016, at or at such time as is
specified by the Arts & Culture Specialist. Artist shall be responsible for installing 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 to 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 and date as is specified by
the Arts & Culture Specialist.
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 City. Prior to the installation, removal, replacement, and/or substitution of the-
display
hedisplay in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all
such activity with the Arts & Culture Specialist,
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, as well as to
ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Ails &
Culture Specialist or the City concludes that the display or any portion or component thereof does not
meet the criteria set forth in Exhibit A 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 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, I
B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City
may desire for put -poses 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 Executive Assistant,
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,
VI. INDEMNIFICATION< WAIVEI2g 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 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 giving written notice to the defaulting
party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall
have twenty-four (24) hours after receipt of such notice to cure the default. If the default is not cured
within such period, this Agreement shall be terminated upon mailing of written notice of such
termination by the terminating party.
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,
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
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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,
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:
Tim Murphy
10872 W. High Rock
Boise ID 83709
Cil:
Hillary Bodnar
Arts & Culture Specialist
33 E. Broadway Ave.
Meridian ID 83642
Any party may change its respective address for the purpose of this paragraph 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
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below prior to such ratification or approval shall not be construed as proof of validity in the absence of
Meridian City Council approval.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date first
written above,
ARTIST:
Tim Murphy
CITY OF MERIDIAN:
BY: 0 NIED AUG(/
Tammy de Mayor
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Jacy Jones, City Cferk1-----A0,—, SEA L"--�)
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Coll 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, }niUa
Point Gallery is located on the third floor ofMeridian City Hatt (33 E. Broadway Avenue, Meridian, Idaho), and is open
to the public during City working hours, /nido\ Point Gallery provides 120 feet of total watt space for hanging two-
dimensional artwork,
wo'dimensionaimrtYork, and four enclosed display cases for three-dimensional artwork, MAC requests that artists
voluntarily donate to MAC 20%o/proceeds from sales ofart displayed in Initial Point Gallery.
ELIGIBILITY:
Two-dimensional works displayed in |n|da( Pont Gallery must be comprised ofproh*ssionai-quaUty, ready`Ln'hang`
original art; artwork on paper must be under glass or acrylic. 5e(ecteen must fit( all or half ofthe gallery. Three-
dimensional works may be of any medium,
hnye'd(mensionaivvorksmaybeofanymedium' but must fit within the four supplied display cases. Nuartwork wit[ be
displayed which: cannot bmsafety hung ordisplayed 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 {obe
displayed wit[ be evaluated for its compliance with these general requirements. SeiecteeswiK be asked to enter into
an Acceptance Agreement with the City setting forth specific conditions of display. Seiectees and invitees may reappt,
biennially and if selected again' 75%ofthe display mus{ 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 ororganizations wishing to display work in the 2016 |n|ba( Point Gallery Series must provide the following �
materials and information to MAC in order to be considered for selection,
° Completed, signed Application EtAcknowledgements form;
m Letter of intent, including biography of the artist(s) or informational statement regarding organization;
w 250 -word informational paragraph about the artist o,organization (for use in gallery publicity (fueiected);
m Five (5) digital images representational ofthe works proposed for display, on aCD (for organizations, each image
must benfadifferent artist's wmrk); and
0 $35 gallery maintenance fee (nonrefundable).
Details and forms are available atthe City's website, hL[p://v*vw.meddioncity.orgorupon request. Limited
assistance producing digital images may bmavailable upon request, Materials submitted wit( not be returned,
All proposals must be received by MAC by 5:00 p.m. on Friday, October 16, 2015
SELECTION PROCESS:
The selection nfart for the 2016 Initial Point Gallery Series wilt be made bvMAC. MAC wilt nodfyxekectees by Letter
sent U.S. Mail. |nevaluating eligible proposals, the following factors wilt beconsidered:
° Quality ofwork;
m Appropriateness ofsubject and concept for afunctioning government workplace;
» Consistency with City policy and community values; and
* Contribution to aesthetic and cultural atmosphere ofMeridian City Hatt.
RESOURCES PROVIDED UPON SELECTION:
The City of Meridian MR 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 2Dart and four enclosed pedestals for ]D art;
= Space for artist information and/or an information board; and
* Publicity ofthe exhibit through City contacts, local media, and other informational forums.
CONTACT MAC: By mail: Meridian Arts Commission
Attn: Hillary Bodnar
33 East Avenue
Meridian ID 83642
By e-mail: mac@mehdiundty.org