HomeMy WebLinkAboutArt Acceptance Agreement - Plein Air Painters of IdahoACCEPTANCE 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 J7— day of January, 2017EffectiveDate"), by and between the City of Meridian, a municipal corporation organized
under the laws of the State of Idaho ("City"), and Bonnie Griffith ("Organizer"), on behalf of
Plein Air Painters of Idaho ("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, Organization 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 10, 2016, 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 6, 2016, 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 Sept. 29, 2017, 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 Sept. 29, 2017 at the direction of the Gallery Curator; shall allow
the display of such work in Initial Point Gallery from Sept. 29, 2017 through Nov. 2, 2017, in
accordance with the terms of this Agreement; and shall be responsible for removal of such
artwork on Nov. 3, 2017, at such time as is specified by the Gallery Curator.
ACCEPTANCE AGREEMENT- INITIAL POINT GALLERY DISPLAY PAGE 1
H. 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. Tmw 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 July 28, 2017 and August
29, 2017 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 - INrrIAL 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 - MrIAL 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:
Bonnie Griffith
Plein Air Painters of Idaho
3012 N. Springtime 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. 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.
ORGANIZER:
IL MW;
CITY OF MERII) N:
BY:
ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY
0 PORA
Idj w
o 9
0
Attest:
ay dMes, City Clerk
PAGE 6
EXHIBIT A
CALL TO ARTISTS
ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 7
EXHIBIT B
ORGANIZATION'S PROPOSAL
ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 9
Meridian Commission
Application Et Acknowledgments: 2017 INITIAL POINT GALLERY SERIES
APPLICANT CONTACT INFORMATION
Check one: Cil 1 am submitting this application as an individual.
4F I am submitting this application for this organization: Plein Air Painters Of Idaho
1 am submitting this application for an informal group:
Applicant:
Applicant E-mail:
Mailing Address:
Physical Address:
Applicant Phone: 1. 09301 1188 - m- u-
APPLICATION OVERVIEW:
Check all that apply: Vwe
a propose to fill one half of Initial Point Gallery with two-dimensional artwork.
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: 40-60 (fill the cnare) Average size of 2D pieces: 16x22 framed
Number of 3D pieces: Average size of 3D pieces:
Proposed title or theme of show:
APPLICATION MATERIALS: All materials must be received via email to mac@meridiancity.org
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 in .jpg format.
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.
Picture Hanging Witt)
Two Cables
FIG. 2. BACK of FRAME
Fr3rr_'_"__'_' s'ir."t:_•+•i• izirrru`•-+•__ =+an
ACKNOWLEDGMENTS:
Bonnie Griffith, show coo rdiF@t% 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 pay a $35 acceptance
INITI fee via cash, check, or money order, enter into an Acceptance 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
INITI 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.
Bg_ 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.
D. While artwork displayed in Initial Point Gallery may be passively offered for sale by means of an
IWIAL 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.
Rg E. While it is intended that each exhibit in Initial Point Gallery will be displayed for a one- to three -
IN I L month period, this period by 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
INITIK7
time, at the City's sole discretion.
G. Artwork submitted for display in Initial Point Gallery must be original works conceived and created
INITIRr
by the artist (or by artist members of the organization or group) submitting this application.
Bg H. The opening night reception is scheduled by MAC; though a table and minimal staff/volunteer support
INITIAL will be provided, I understand that I am the host and as such will be primarily responsible for any and
all reception invitations, publicity, refreshments, music, set up, tear -down, and clean-up.
I. 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.
Signature: 9
Parent Signature - If Applicant is Under 18:
Date: August 2, 2016
Print name: Bonnie Griffith, show Coordinator, PAPI
To propose an exhibition in Initial Point Gallery, please submit this Application and Acknowledgements form,
completed in full, with the required materials, via e-mail to: mac@meridiancity.org
Thank you for your interest!
Meridian Commission
Plein Air Painters of Idaho (PAR) is a group of artists dedicated to the advancement of on -
location painting in Idaho. The Idaho landscape is unique in majesty and rich variety. Idaho's
rugged peaks, pristine lakes, vast canyons, raging rivers and flowing grasslands beckon artists
of all abilities. Plein air painters paint on location, from life, to interpret, preserve and share the
wonder of a single moment. PAR members encourage and promote plein air painting as a
unique form of artistic expression. Through the fellowship of professional and amateur artists
alike, members are encouraged to share ideas, enthusiasm and experience with each other and
with all those who appreciate great art.
On behalf of the Plein Air Painters of Idaho (PAPI), I am submitting a request to exhibit at the
Initial Point Gallery during the 2017 exhibition season.
The PAPI organization is a group of more than 100 Idaho based painters, who by nature of the
name, paint on location the landscape, floral and fauna. The group consists of professional
artists as well as hobbyists who enjoy the challenges of painting outdoors, on location, with the
majority of the members living in the Treasure Valley. The quality of the work is above average
and many members are award winning, nationally recognized artists. The majority of the art
would be landscape but may include florals, wildlife, etc in various painting styles. A short
artist's statement would be included with each piece presented to give the viewer an insight into
the work.
We are proposing to offer a show of work that is juried by a professional juror and is a
competition of work from within this statewide group of artists. This would be the first annual
juried membership exhibit for this group. All work would be done en Plein air, in the spirit of the
organization. The jurying and judging would be done by an independent juror selected by the
show committee of PAPI and at their expense. At the opening reception of the show, awards
would be given to a selection of work. The reception would include demos by artists and a
gallery talk by the juror about the process of Plein air and award selections. This would offer
attendees to the reception an educational component as well as a visual tour of paintings from
life in Idaho and surrounds. The work will be juror's choice and one can expect a good variety
of work from photorealistic to impressionistic to abstract. Typical image sizes vary from 9x12
inches to 18x24 inches. The juror would select approximately 50 pieces to be included in the
exhibit with 1-2 pieces per artist selected for the competition/show. This insures a great variety
and style of work. Because of the number of artists who would be included in the exhibit, one
could expect a large opening reception and exposure of perhaps new visitors to the Initial Point
Gallery.
Thank you for the consideration of this artistic opportunity.
Respectfully submitted,
Bonnie Griffith, Show Chairman, PAPI
a
AWN
6
lip
Q
w