HomeMy WebLinkAboutArt Acceptance Agreement for Display of Artwork in IPG with Idaho Gourd Societyshall provide and set up such panels, and shall utilize such materials necessary to protect City
facilities and all persons from any and all damage therefrom.
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 October 1, 2017 and
November 1, 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 and panels 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
ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 2
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 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.
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
ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 5
EXHIBIT A
CALL TO ARTISTS
ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 7
Mleridian Commission
Call for Artists: 2017 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 2017 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 about 100 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. 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 required to pay a $35 gallery maintenance fee and enter into an Acceptance
Agreement with the City setting forth specific conditions of display. Selectees and invitees may reapply annually 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 2017 Initial Point Gallery Series must provide the following
materials and information to MAC via email 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); and
Five (5) digital images representational of the works proposed for display (for organizations, each image must be of
a different artist's work); and
$35 gallery maintenance fee, upon acceptance. (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:
To be considered, all proposals must be received by MAC by 5:00 p.m. on Friday, October 7, 2016.
SELECTION PROCESS:
The selection of art for the 2017 Initial Point Gallery Series will be made by MAC. MAC will notify selectees by email.
In evaluating eligible proposals, the following factors will be considered:
Proposal's adherence to the Call for Artists;
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:
Following selection, selectees will be required to pay a $35 gallery maintenance fee and enter into an Acceptance
Agreement with the City setting forth specific conditions of display. 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
Limited publicity of the exhibit through City contacts, local media, and other informational forums.
CONTACT MAC: macCmeridiancity.org
EXHIBIT B
ORGANIZATION'S PROPOSAL
ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 9
Meridian Commission
Ann1 irntion Et Acknow(edQments: 2017 INITIAL POINT GALLEKY StKMt i
APPLICANT CONTACT INFORMATION
Check one: ❑ 1 am submitting this application as an individual.
M I am submitting this application for this organization: .
❑ I am submitting this application for an informal group:
Applicant: Chris Peters
Applicant E-mail:
Mailing Address:
Physical Address:
Applicant Phone:
cpetersu sa@g mai I. com
Idaho Gourd Society, 3723 W. Columbia Rd., Meridian, ID 83642
(same as mailing)
Day:
Evening:
Idaho Gourd Society
CeIL: zub-by/-31uz
APPLICATION OVERVIEW:
Check all that apply: ❑ I/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.
B I/we propose to fill 01 02 03 84 of the display cases with 3D artwork
Number of 2D pieces: 0 Average size of 2D pieces: NIA
Number of 3D pieces: 12-20 Average size of 3D pieces: TBD
Proposed title or theme of show:
APPLICATION MATERIALS: All materials must be received via email to mac@meridiancity.org
❑ Completed, signed Application Et 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 (t/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.
Eli.wr. tOg wit- Iables
FIG. 2. BACK OF FRAME
4
rx,
FIG. 3. 3D ART DISPLAY CASES
ACKNOWLEDGMENTS:
I, Ron Swank , hereby acknowledge the following stipulations and agree that if this proposal is
selected for display at Initial Point Gallery, such display shalt 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:
1NA1 Vl��
A. Before my work will be displayed in Initial Point Gallery, I will be required to pay a�allery
INITIAL maintenance 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.
ZB.
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 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.
1ID.
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.
While it is intended that each exhibit in Initial Point Gallery will be displayed for a one- to three -
INITIAL
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
INITIAL
time, at the City's sole discretion.
�J 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 or group) submitting this application.
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
that
INTIA
City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure
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 un sfa d each and all of the foregoing stipulations and do agree to these general terms and
conditions...
.
' Print name. Ron Swank
Signatu�
" Parent Signatur
- I Ap licant is Under 18:
1-1 -2017
Date:
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