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HomeMy WebLinkAboutWest Ada School District Cara HinksonACCEPTANCE 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 U day of Mamo Y, , 20V%� ("Effective Date"), by and between the City of Meridian, a municipal corporation organiz under the laws of the State of Idaho ("City"), and Cara Hinkson ("Organizer"), on behalf of the West Ada School District ("District"). (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 has invited. District 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 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 deliver to Initial Point Gallery, on April 26, 2019, 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,4 hereto. Organizer shall be responsible for installing such artwork on April 26, 2019 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from April 26, 2019 through May 28, 2019, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on May 29, 2019, at such time as is specified by the Gallery Curator. 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. II. 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 March 1, 2019 and March 29, 2019 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. ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 1 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 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 Exhibit A 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 the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. III.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 students of District, as written and signed by students. 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, permission for photography is signed by parents/guardians and those permission forms will be provide to the City prior to display of the art. C. Use of City's name. City hereby conveys to District permission to use City's name for purposes of advertising, marketing, and public information, provided that neither Organizer nor its members shall use City's logo for any purpose without the express, written permission of the Mayor's Chief of Staff. D. 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 District'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. E. Removal of artwork by District. 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. IV. INDEMNIFICATION. WAIVER, AND INSURANCE. A. Indemnification. Organizer, District, and District'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, District, District's members, or such parties' volunteers, agents, employees, guests, and/or business invitees. ACCEPTANCE AGREEMENT- INITIAL POINT GALLERY DISPLAY PAGE 2 Meridian City Council Meeting Agenda January 8, 2019 – Page 112 of 363 B. Waiver. Organizer and District 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 District'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. Parents/guardians also waive any and all claims and recourse against City, per the individual forms signed and submitted. C. Insurance is District'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 District or its members in the furtherance of the respective rights or obligations described herein. Insurance of the artwork; of the District's or its members' persons, property, or interests; and/or of the District's or its members' employees or agents shall be the sole responsibility of District. District 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. District shall not 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. Parents/guardians also waive any and all claims about damage or loss of art in the individual forms submitted against the District. D. Permission is District's responsibility. District shall be responsible for obtaining written permission from the parent or guardian of each student artist whose work is displayed in Initial Point Gallery, to include acknowledgments that: 1. The City of Meridian will not assume liability for or provide insurance to cover any loss, theft, or damage of the artwork. 2. By allowing the child's participation, the parents bear all risks, some of which are unknown, and release and indemnify the City from all related claims for damages. 3. 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 also ensure that City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable. To this end, artwork will be displayed which: is appropriate in subject and content for a functioning government workplace, is consistent with City policy and community values, contributes to the aesthetic and cultural atmosphere of Meridian City Hall, and is not disruptive or likely to offend the general public. V. TERMINATION. A. Termination for cause. If City determines that Organizer, District, 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 ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 3 Meridian City Council Meeting Agenda January 8, 2019 – Page 113 of 363 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. C. 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. VI. GENERAL PROVISIONS. A. Compliance with law. Throughout the course of this Agreement, Organizer, District, and District's members shall comply with any and all applicable federal, state, and local laws. B. Non-discrimination. In fulfilling or exercising any right or obligation under this Agreement, neither Organizer nor District shall discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. C. 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. D. 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. E. 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. F. 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. G. Successors and assigns. District shall not subcontract or assign any of District's obligations under this Agreement that require or that may require their artistic talent or expertise. District 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. ACCEPTANCE AGREEMENT- INITIAL POINT GALLERY DISPLAY PAGE 4 Meridian City Council Meeting Agenda January 8, 2019 – Page 114 of 363 H. 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: West Ada School District: City: Cara Hinkson Hillary Blackstone Fine Arts Coordinator Commissions & Committees Specialist 1303 E Central Drive 33 E. Broadway Ave. Meridian, ID 83642 Meridian ID 83642 Either party may change its respective mailing address by giving written notice of such change in the manner herein provided. I. 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 District, Organizer further warrants that Organizer is authorized to bind District and its members and principals to the obligations set forth herein, and to accept the liabilities as established herein on behalf of District and its members and principals. 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. Arts Coordinator We§r-Ada Sclfool District CITY ACCEPTANCE AGREEMENT- INITIAL POINT GALLERY DISPLAY PAGE 5 EXHIBIT A CALL TO ARTISTS ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 6 Meridian City Council Meeting Agenda January 8, 2019 – Page 116 of 363 Meridian Commission Initial Point Gallery Call to Artists for 2019 Exhibitions Prospectus: The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/or three- dimensional artwork as part of the 2018 Initial Point Gallery Series, a series of one to two-month exhibitions in Initial Point Gallery. MAC aims to have multiple artists in the space each month. 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 100 feet of total wall space for hanging two-dimensional artwork and four enclosed display cases for three-dimensional artwork. Entry Fee: 35 flat fee per application Eligibility: All artists in the Northwest region are welcome to apply, but artists must be present for scheduled installation and removal. Two-dimensional works displayed in Initial Point Gallery must be comprised of professional -quality, ready -to -hang, original art. 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. Selectees will be asked to 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. Organizations and small, informal groups are welcome to apply. Entering Your Images: You can enter your images online at www.OntineJuriedShows.com Help in photographing your work and properly sizing your images can be found at: www.OntineJuriedShows.com/heLp.aspx For best results, images should be 1920 pixels @72 dpi on the longest side, and in JPEG format, sRGB color space. If you need assistance, please contact info@onlinejuriedshows.com or call 949-287-8645. Jurors: Images will be juried by a committee who will choose the artists to be represented in the gallery. MAC may group more than one artist in each exhibit. In evaluating eligible proposals, the following factors will be considered: Adherence to the Call to 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. Artwork Guidelines: All hanging art must be equipped with d -rings for secure hanging. Wires, eyehooks, and clip frames may not be used for hanging. The number of artworks to be included in each exhibit depends on the size of the pieces included. MAC asks that artists plan to have appropriate negative space in between each piece to allow for labels and breathing room. Two-dimensional works should not exceed 5' in height. Display ACCEPTANCE AGREEMENT -INITIAL POINT GALLERY DISPLAY PAGE 9 Meridian City Council Meeting Agenda January 8, 2019 – Page 117 of 363 cases have acrylic tops of varied sizes including: 3'/z' tall, 3' tall, 2'/z' tall, and 2' tall. All display case bases are 2' wide and 2' deep. Exhibition Details: On the third floor of Meridian City Hall, directly across from the Mayor's Office reception area, the Meridian Arts Commission maintains Initial Point Gallery. The carpeted gallery, filled with natural light, features about 100 feet of wall space for the display of two-dimensional art, as well as four hand-crafted display cases for the exhibition of three-dimensional works of art. The Meridian Arts Commission schedules individual and group exhibits and artists' receptions in the gallery throughout the year. Initial Point Gallery receptions are held once a month. In addition to the works of local and regional artists, the gallery has hosted works by nationally- and internationally -known artists. In 2011, Initial Point Gallery was chosen as one of only five venues nationwide to host the prestigious traveling show of the National Watercolor Society's 90th Annual Exhibition. Initial Point Gallery is free and open to the public any time during normal Meridian City Hall business hours generally Monday through Friday, 8:00 am to 5:00 pm, excluding holidays. The gallery has a track system that allows for easy hanging and adjustments. MAC works with a small crew of volunteers that can help artists with installing and removing their exhibit. The gallery also has space to display the artist/exhibit statement and price list. The City may promote the artist receptions in the form of Facebook events, post on community calendar, and/or mention in promotional videos. MAC requests that artists voluntarily donate to MAC 20% of proceeds from sales of art displayed in Initial Point Gallery. Display Categories: Quarter Gallery wall (hanging/2D display) Half Gallery wall (hanging/2D display) Full Gallery wall (hanging/2D display) Display Cases (31) or small easels) Special Requests: Please let us know if one of the following apply to you: I would like to have local student musicians play at my reception. MAC will try to coordinate this with the help of a commissioner liaison. I would like to invite my own musical talent to play at my reception. I would like to show with a specific individual/individual(s). (Please reference this in your application.) Sales: All sales are managed by the artist directly. Commissioners and City Staff can direct patrons to the artists' contact information. Lodging/Transportation: Artists are responsible for securing their own transportation and lodging. Timeline: September 24, 2018 Deadline for Receipt of Applications by Online Juried Shows October 1 - 5, 2018 Applications juried October 15, 2018 Notification to artists February 1, 2019 First monthly exhibit installed ACCEPTANCE AGREEMENT -INITIAL POINT GALLERY DISPLAY PAGE 9 Meridian City Council Meeting Agenda January 8, 2019 – Page 118 of 363