HomeMy WebLinkAboutMark Manwaring for Art in Public Spacesa~
ART PURCHASING AGREEMENT
for ART IN PUBLIC SPACES
This ART PURCHASING AGREEMENT FOR ART IN PUBLIC SPACES ("Agreement")
is entered into this _ r'- day of September, 2010, by and between the City of Meridian, Idaho, whose
address is 33 E. Broadway Avenue, Meridian, Idaho ("City"), and Mark Manwaring, whose address is
895 W. Pennwood, Meridian, Idaho 83642 ("Artist") (collectively, "Parties").
WHEREAS, City, by and through the Meridian Arts Commission, initiated the "Art in Public
Spaces" collection of public art in order to make visual art part of the regular experience for those who
visit Meridian's City Hall; to encourage dialogue about creativity in our community among the elected
officials, community leadership, staff and visitors to the city's government center; and to provide
inspiration for new ways of experiencing the arts;
WHEREAS, City, by and through the Meridian Arts Commission, on or about June 14, 2010,
issued the Call to Artists attached hereto as Exhibit A, requesting proposals for completed art pieces to
be included in the Art in Public Spaces collection;
WHEREAS, Artist responded to the Call to Artists by submitting for consideration atwo-
dimensional painting that is twenty-four inches in height and thirty-six inches in length, entitled
"Pathways Series 1," created by Artist using oil paint on canvas ("Work");
WHEREAS, the Meridian Arts Commission, following due notice to the public, convened and
reviewed submissions provided in response to the Call to Artists, which submissions included Work;
WHEREAS, in accordance with its charge and the guidelines and criteria adopted by the
Meridian Arts Commission and approved by City Council via the Call to Artists, the Commission
identified Work as exemplifying the goals of the Art in Public Spaces project; and
WHEREAS, this Agreement is intended to implement the purchase of Work in accordance
with the terms described in the Call to Artists and such terms hereinafter provided;
NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and
conditions hereinafter contained, the parties hereto do mutually agree as follows:
1. Sale. Artist hereby agrees to sell the' Work to City at the agreed value of one thousand five hundred
dollars ($1,500.00). Parties agree that this amount shall include Artist's commission, materials,
and framing of the artwork.
2. Payment. City will pay Artist for services rendered pursuant to this Agreement in the total amount
of one thousand five hundred dollars ($1,500.00), which payment shall be made pursuant to the
following method. To receive payment for services rendered, the Artist shall complete the W-9
form provided and remit such completed form to Deputy City Attorney Emily Kane, 33 E.
Broadway Ave., Meridian ID 83642, BY 12:00 P.M. (NOON) ON THURSDAY, SEPTEMBER 2, 2010.
Upon receipt of the complete W-9 form from Artist and execution of this Agreement by both
ART PURCHASING AGREEMENT - ART IN PUBLIC SPACES PAGE 1 OF S
Parties, City shall issue payment via check sent U.S. Mail to Artist within thirty (30) days.
3. Framing. Artist shall frame the Work or cause the Work to be framed in accordance with the
specifications provided and attached hereto as Exhibit B. The failure to comply precisely with each
and every aspect of such specifications shall constitute a breach of this Agreement.
4. Delivery. Artist shall deliver the Work, framed in accordance with the prescribed specifications
and ready to hang, to Deputy City Attorney Emily Kane, at 33 E. Broadway Ave., Meridian, Idaho
BY 4:00 P.M. ON FRIDAYS SEPTEMBER 17, 2010. Acceptance shall be signified by written receipt,
signed and dated, and provided to Artist upon receipt of the Work. The Artist agrees to bear any
risk of loss and/or damage until the City accepts the Work as set forth herein. In the event of loss
or damage incurred prior to City's acceptance of the work, the Artist shall return any and all
payment received, upon which neither party shall have any further obligation under this Agreement.
5. Time of the essence. The Artist acknowledges that services provided under this Agreement shall
be performed in a timely manner. The Parties acknowledge and agree 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 breach of, and a default under, this Agreement by the party so failing to
perform.
6. Installation. The Artist is responsible for furnishing the Work or having such Work furnished with
the proper hardware for safe, durable, permanent hanging. The City shall be wholly responsible for
the cost, labor, design, and placement of the Work's installation.
7. Copyright. The copyright for Work shall be held by City. The Artist shall reserve no right to
reproduce the Work in any manner or for any purpose, though the Artist may request such right
from City, which right City shall not unreasonably withhold. Any such right shall be conveyed in
writing, and if not in writing shall not be considered duly or validly conveyed. City may use partial
or complete images of such Work for promotional or other public use without further permission
from Artist. While Artist shall make no claim to the copyright of the Work, Artist shall be
identified as the creator of the Work, both in the vicinity of the original as publicly displayed, and
in writing as to any reproduction of the Work by City for promotional or other public use.
8. Waiver and Relinquishment of Rights. Artist hereby expressly waives any and all right, title, or
interest in said copyrighted Work. Artist understands that said waiver includes waivers of the
exclusive rights of reproduction, adaptation, publication, performance and display. Artist agrees to
relinquish any and all rights, title, and interest to the Work developed in connection with this
Agreement and hereby expressly waives any rights Artist has to said Work including, but not
limited to, the rights afforded artists under the Copyright Act of 1976 and the Visual Arts Rights
Act of 1990, Title 17 U.S.C., sections 101 et seq. Artist understands and agrees that the right of
attribution and integrity, as specifically set forth in 17 U.S.C. section 106A, are hereby expressly
waived except as otherwise provided herein. To the extent that the provisions of this Agreement
differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990, the provisions of this
Agreement will govern and any such differences in the rights and duties created thereunder are
expressly waived.
ART PURCHASING AGREEMENT - ART IN PUBLIC SPACES PAGE 2 OF 5
9. Moral right. City will use best efforts to avoid and/or prevent misuse of the Artist's name and/or
misuse of the Work which would reflect discredit on Artist's reputation as an artist, or which would
violate the spirit of the Work.
10. Display. It is the intent of City to incorporate Work into the Art in Public Spaces art collection to
be publicly displayed at Meridian City Hall. Nothing in this Agreement, or otherwise, shall
preclude the right of City to remove Work from public display, whether temporarily or
permanently.
11. Alteration. If any alteration occurs to the Work after installation, whether intentional or accidental
and whether caused by City or others, upon written request of Artist, the Work shall no longer be
represented to be the work of Artist. Other than as specified herein, Artist specifically waives the
right to claim any other remedy concerning the alteration of the Work as provided for under Idaho
or federal law, whether by statute or otherwise.
12. Restoration. If the Work is damaged, City shall consult Artist before any restoration efforts and
shall provide Artist first opportunity to restore it, if practicable. City shall have the exclusive right
to determine when and whether repairs and restorations of the Work shall be made.
13. Retransfer. If City, in any way whatsoever, sells, gives, bequests, transfers, or trades the Work,
Artist shall have no right to obtain such Work or in any way direct or prohibit such sale, gift,
bequest, transfer, or trade.
14. Relationship of Parties. It is the express intention of Parties that Artist is an independent Artist
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.
15. Notices. Any and all notices required to be provided by either of the parties hereto, unless
otherwise stated in this Agreement, shall be in writing and be deemed communicated when mailed
by United States Mail, certified, return receipt requested, addressed as follows:
City: City of Meridian
Purchasing Agent
33 E. Broadway Avenue
Meridian, Idaho 83642
Artist: Mark Manwaring
895 W. Pennwood
Meridian, Idaho 83642
ART PURCHASING AGREEMENT - ART IN PUBLIC SPACES PAGE 3 OF $
Either party may change its address for the purpose of this paragraph by giving written notice of
such change to the other in the manner herein provided.
16. Waiver and indemnification. Artist waives any and all claims and recourse against City,
including the right of contribution for loss and damage to persons or property arising from or in any
way connected with or incident to Artist's performance of this Agreement except for liability
arising out of concurrent or sole negligence of City or its officers, agents or employees. Further,
Artist shall, and hereby does, indemnify, hold harmless, and defend City against any and all claims,
demands, damages, costs, expenses or liability arising out of Artist's performance of this
Agreement except for liability arising out of the concurrent or sole negligence of City or its officers,
agents or employees.
17. Discrimination prohibited. In performing services pursuant to this Agreement, Artist shall not
unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any
person on the basis of race, color, religion, sex, national origin or ancestry, age or disability.
18. Construction and severability. If any part of this Agreement is held to be invalid or
unenforceable, such holding will not affect the validity or enforceability of any other part of this
Agreement so long as the remainder of the Agreement is reasonably capable of completion.
19. 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, 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.
20. Non-waiver of breach. A waiver of any breach of any of the provisions of this Agreement shall
not be construed as a continuing waiver of other breaches of the same or other provisions hereof.
21. Assignment. Artist may not subcontract, assign, transfer, hypothecate or sell his rights or duties
arising hereunder without the prior express written consent of City. Any subcontractor assignee
shall be bound by all the terms and conditions of this Agreement.
22. Heirs and assigns. This Agreement shall be binding upon the parties hereto, their heirs,
successors, assigns, and personal representatives and references to Artist and City shall include
their respective heirs, successors, assigns, and personal representatives.
23. Termination. If City determines that Artist has failed to comply with the terms and conditions 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, City may
terminate this Agreement in whole, or in part, at any time, by giving notice, in writing, to
Agreement of any or all deficiencies claimed. The notice will be sufficient for all purposes if it
describes the default in general terms and provides a reasonable time to cure. If all defaults are not
cured and corrected within a reasonable period as specified in the notice, City may, with no further
ART PURCHASING AGREEMENT - ART IN PUBLIC SPACES PAGE 4 OF 5
notice, declare this Agreement to be terminated. Notwithstanding the above or any other provision
of this Agreement, Artist shall not be relieved of liability to City for damages sustained by City by
virtue of any breach of this Agreement by Artist. This provision shall survive the termination of
this Agreement and shall not relieve Artist of liability to City for damages.
24. Attorney's fees. In any action by City or Artist for recovery of any sum due under this Agreement,
or to enforce any of the terms, covenants, or conditions contained herein, the prevailing party shall
be entitled to reasonable attorney's fees in addition to costs and necessary disbursements incurred in
such action.
25. Governing law. This Agreement shall be governed by the laws of the State of Idaho.
26. 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 ~ day
of September, 2010.
ARTIST:
Mar Manwar' g
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STATE OF IDAHO )
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County of ADA ) lh
I HEREBY CERTIFY that on this Ib' day of ~q ~e m~P~( ,
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2661; before the undersigned, a Notary Public in the State of
Idaho, personally appeared Mark Manwaring, known to me to be the
person who executed the said instrument, and acknowledged to me
that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
ar- o cial seal, the day and year in this certificate first above written.
ary Public f Idaho
Residing at ~--{~.~rr/~~C~~\0.~ ,Idaho
My Commission Expires: ~~~ Viola
CITY OF MERIDIAN:
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Tammy de erd, Mayor ~~~~,•~,~y ~~ 0~,~~,,~~,~
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Attest: j,
Jaycee L. olman ~ o~
City Clerk ,~ ~~ ~ '~°'
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ART PURCHASING AGREEMENT - ART IN PUBLIC SPACES PAGE $ OF $
EXHIBIT A
Meridian Commission
Ca(I for Artists: Art in Public Spaces, Meridian City Hall
OVERVIEW:
The mission of Art in Public Spaces is to make visual art part of the regular experience for those who visit
Meridian City Hatl; to encourage dialogue about creativity in our community among elected officials,
community leadership, staff and visitors; and to provide inspiration and new ways of experiencing the arts.
The artwork composing the Art in Public Spaces collection is installed in the public corridors of Meridian City
Halt, located on the corner of Broadway and Meridian Road in downtown Meridian.
ELIGIBILITY:
Any artist 18 years or older living or working in the Treasure Valley is eligible. All entries must have been
conceived and created by the artist submitting the work. All entries must be two-dimensional works, and
must be a minimum size of twenty-four by thirty-six inches (24" x 36") when framed pursuant to framing
specifications provided by MAC, available upon request. (Specs include 4" mat on all sides beyond the art
image for art on paper; no mat for art on canvas. )
PROJECT BUDGET:
The City has budgeted $1,500.00 per art piece for this project. This amount includes artist commission,
materials, and framing of the artwork. Selected artists will be paid upon delivery of framed artwork.
PROPOSAL REQUIREMENTS:
Artists wishing to apply for Art in Public Spaces must provide the following materials and information for each
piece submitted.
• Cover letter addressing the content of the work, its relationship to Meridian, dimensions, and date;
• Artist's resume, address, phone number, a-mail address, and an artist or exhibition statement;
• One digital image of the unframed work, 300-dpi, 10-inch maximum, .jpg file on a PC-compatible CD;
please do not send digital images via a-mail.
DEADLINE:
Alt submissions must be received by MAC by 4:30 p.m. on Friday, July 30, 2010 at the address below.
Please write "Meridian Arts Commission" on your entry envelope. No late submissions will be accepted.
Materials will be returned via U.S. Mail if a SASE is enclosed. No pick-up will be available.
SUBMIT MATERIALS T0:
Meridian Arts Commission
Attn: Art in Public Spaces
33 East Broadway Avenue
Meridian ID 83642
ACCEPTANCE:
MAC will notify a selected artist that his or her work has been chosen for Art in Public Spaces by letter sent
U.S. Mail. In reviewing eligible proposals or portfolios, the following factors will be considered:
• 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.
If your submission is selected you will be notified by U.S. Mail and provided with an acceptance agreement,
timeline for delivery and payment, and framing specifications. For additional information please contact
Emily Kane at 898-5506 or by a-mail at ekaneC~meridiancity.org.
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EXHIBIT B
.~.
Meridian ~ Commission
FRAMING SPECIFICATIONS
Art in Public Spaces Project -Meridian City Hall
ART ON PAPER (Ex. Photography, watercolor paintings, drawings, etchings)
Wood frame:
Larson-Juhl #227519 3/4" Mahogany with 1 "rabbet depth
Mount:
Museum mount on acid-free foam core board
Matting:
Matboard to be Crescent Museum board #2238 8-ply White
Width of the mat is 4" on all sides beyond the art image
Glass: Tru Vue Conservation Clear
Hanging: Security Lock hanging system
ART ON CANVAS (Ex. Paintings on canvas, photographs on canvas)
Wood Frame:
Larson-Juhl #294519 3/4" Mahogany with 1 5/8" rabbet depth
Mount: Stretcher bars
Matting: None
Glass: None
Han_ iq n_g: Security Lock hanging system