HomeMy WebLinkAboutArt Acceptance Agreement - Dan and Sharona SchogerACCEPTANCE 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 Iq day oft,
2017 (`Effective Date"), by and between the City of Meridian, a municipal corporation
organized under the laws of the State of Idaho ("City"), and Daniel and Shirley Schoger,
individual persons ("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 has invited Artist to display 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 at 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 November 3, 2017, at such
time as is specified by the Commissions & Committees Specialist. Artist shall be responsible for
hanging such artwork on November 3, 2017, at the direction of the Commissions & Committees
Specialist; shall allow the display of such work in Initial Point Gallery from November 3, 2017
through November 30, 2017, in accordance with the terms of this Agreement; and shall be
responsible for removal of such artwork on December 1, 2017, at such time as is specified by the
Commissions & Committees 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
Commissions & Committees 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 At 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
ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE I
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 Commissions & Committees 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 September 3, 2017 and October 3,
2017 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 Commissions & Committees
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 Commissions & Committees
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 Commissions & Committees
Specialist or the City may require the immediate removal of such artwork from Initial
Point Gallery. Further, the Commissions & Committees 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.
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.
ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 2
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 Commissions &
Committees 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 Commissions & Committees Specialist.
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.
ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 3
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 Parry willfully or
negligently defaults in, or fails to fulfill, its material obligations under this Agreement;
the other Parry shall have the right to terminate the Agreement by providing written
notice to the defaulting parry 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.
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.
ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 4
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.
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:
Daniel and Shirley Schoger
2800 N. Bogus Basin Road #C104
Boise ID 83702
City
Hillary Bodnar
Commissions & Committees 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.
ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 5
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:
Daniel Seh'(1onjger A.—O
Shirley Scho
CITY OF MERIDIAN:
BY:
Tammy de rd, Mayor
o
�QORATEO OAvcG
G S�
\�
C f l'p ur o
jD W
m � jAN�
SEAL
Attest:
y Coley, City Clerk
ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 6
EXHIBIT A
CALL TO ARTISTS
ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 7
Meridian 1 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 Hatt (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. Ito 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 e'raluated for its compliance with these general
requirements. Selectees wilt 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 13 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://ww%v.meridiancity.org or upon request. Limited
assistance producing digital images may be available upon request. Materials submitted wilt 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 wilt 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 Halt.
RESOURCES PROVIDED UPON SELECTION:
Following selection, selectee, 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 pro%gde 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: mac@meridiancity.org
ACCEPTANCE AGREEMENT — INITIAL POINT GALLERY DISPLAY PAGE 8
]EHIERT B
ACI,NoWLEDGMENTS FORM
ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 9
ACKNOWLEDGMENTS: 0
We, D ovLZO and hereby acknowledge the following stipulations
and agree that if this proposal is selected for display at Irlitibi 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. We specifically acknowledge that:
VIS. A. Before my work wilt be displayed in Initial Point Gallery, i will be required to pay a S35 gallery
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.
1: � "� B. if my work is selected for display in Initial Point Gallery, the City of Meridian and its agents will
''°'T''" exercise professional care in handling and securing all artwork displayed in Initial Point Gallery, but
cannot and wit[ not assume liability for any loss or damage,
lou C. Any insurance of the artwork displayed In Initial Point Gallery shall be the sole responsibility of the
iainai 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
TFUnZ7 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 -
H1 -1 A6 month period, this period may be shortened by the City of Meridian for any reason, without natice to
the artist or organization.
F. The City may display the warts of more than one artist or organization in Initial taint Galirry at any
'"'"X` time, at the City's sole discretion,
C. 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 or group) submitting this application.
H. The opening night reception is scheduled by MAC; though a table and minimal staff/volunteer support
i�� 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.
O I. Meridian City Hall is primarily a place of public business and Initial Point Gallery is a public place. The
I ` City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that
City Hatt is a place whencitizens, 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 terns get forth In the Acceptance Agreement shatt 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.
�l
Signature: a y " _r _ name: lt: Lk4e_. I. p e,
Signature: _ 1e— Print name;
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 lnterestl
F
MeridSUn Ca,ninis3ioh
ACCEPTANCE AGREEMENT — INITIAL POINT GALLERY DISPLAY PAGE 9
---------------
�.
S
tv\
Q) �l )
ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 9