Loading...
HomeMy WebLinkAboutWilliam Gardoski for Display of Artwork in Initial Point GalleryACCEPTANCE 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 this ~ day of p ~_, 2010 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and William Gardoski, an individual person whose address is 1620 E. 2 %2 Street, Meridian, Idaho 83642 ("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 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, Artist 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 December 3, 2009, the Meridian Arts Commission ("Commission") reviewed the responses to the Call to Artists, selected Artist's work for display based on the Proposal, and recommended to the Meridian City Council that Artist's artwork, as depicted in the Proposal, be displayed in Initial Point Gallery; WHEREAS, at its regular meeting on January 19, 2010, the Meridian City Council adopted such recommendation and directed the Commission to work with Artist to establish a display of Artist'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. Artist shall personally deliver to Initial Point Gallery, on October 8, 2010, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Artist and the Gallery Curator, approximately twelve to fifteen (12-15) framed paintings, which pieces shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Artist shall be responsible for hanging such artwork on October 1, 2010 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from October 8, 2010 to November 5, 2010 in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on November 5, 2010, at 9:00 a.m., or at such time and date as is mutually agreed upon by the Artist and the Gallery Curator. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE I Of f) II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display his 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 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 Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist 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 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 Gallery Curator 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. 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 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 as Exhibit C, 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 C, 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 the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 2 Of F) 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. 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 Executive Assistant. 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 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. 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, his servants, agents, employees, guests, and/or business invitees. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 3 Of 6 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. C. Insurance is 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 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 giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have twenty-four (24) hours after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. 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. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 4 Of 6 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. 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 his artistic talent or expertise. Artist may subcontract or assign obligations that do not require his 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: ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 5 of 6 Artist: William l3ardoski 1620E 2'lz Street Meridian, Idaho 83642 (208) 887-3768 wski45@msn.com Gallery Curator Dwight Williams Meridian Arts Commission 33 E. Broadway Ave. Meridian, Idaho 83642 (208) 887-6473 dwightpaintsQgmail.com C Emily Kane, Aeputy City Attorney City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 (208)898-5506 ekane(~nieridiancity.org Any party may change its respective address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. 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'W)EIEREOF, the parties hereto have executed this Agreement onthe ~ Sf day of October, 2010. ARTIST: William Gardoski STATE OF IDAHO ) ss: County of ~_ ) I HEREBY CERTIFY that on this ~ S+day of ~ 20l o, before the undersigned, a Notary Public in the State of Idaho, personally appeared William Gardoski, known to me to be the person who executed the said instcvment, and acknowledged to me that he executed the same. tN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this ~~ ~' certificate first above written. CITY OF MERIDIAN: r ~ ~.~~~ Notary Public or Idaho Residing at , ld o My Commission Expires: ~o~a0 1 ~ ...-- BY: T y de Wed yor \\\\~,~y `o~~~MER/p~~`'~.,, o~ArFa ~' Attest: • Jaycee H an, City Clerk $ryA~ y ~ ACCBPTAtdCE A4REE-NfiNT = INmAt. PO~Pi' GALLERY DISPLAY ',~ 9~ ~GST 1 S'~ • ~ d~ ~~ PACE 6 of 6 q P ~~ Exhibit A Meridian Commission Call for Artists: 2010 INITIAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the 2010 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 120 feet of total wall space-60 feet on either side of a generous space; featured artists or organizations must be prepared to fill all or half of the gallery with their works. MAC requests that artists voluntarily donate to MAC 20% of proceeds from works sold due to their display in Initial Point Gallery. ELIGIBILITY: The 2010 Initial Point Gallery Series is to be comprised of professional-quality, ready-to-hang, two-dimensional, original art that is conceived and created by artists who live or work in Idaho's Treasure Valley. Artwork on paper must be under glass or acrylic. No piece will be displayed which: cannot be safely hung using the gallery's system; 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. Selected artists or organizations will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. Please note that applicants whose proposals are accepted for exhibition may re-apply every other year. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2010 Initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. • Completed, signed Application >t Acknowledgements form; • Biography of the artist or informational statement regarding organization; • Letter of intent; • Five (5) digital images representational of the works proposed for display, on a CD (for organizations, please ensure that each image is of a different artist's work); and $35 gallery maintenance fee {nonrefundable). Details and forms are available at the City's website, http://www.meridiancity.org or by a-mail request to mac@meridiandty.org. Materials submitted for consideration cannot be returned. DEADLINE: Alt proposals must be received by MAC by 5:00 p.m. on Friday, November 20, 2009. SELECTION PROCESS: The selection of art for the 2010 Initial Point Gallery Series will be made by MAC. MAC will notify a selected artist or organization that their work has been chosen for display in Initial Point Gallery 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. RESOURCES PROVIDED UPON SELECTION: The City of Meridian will provide selected artists/organizations with the follovng resources: • Skilled, experienced volunteers to assist with hanging and taking down each piece of artwork; • Track system for hanging art, using wires that are attached to hooks; Space for artist information and/or an information board; and • Publicity of the exhibit through local media and other informational forums. CONTACT MAC: By mail: Meridian Arts Commission Attn: 2010 Initial Point Gallery Series 33 East Broadway Avenue Meridian ID 83642 By a-mail: mac@meridiancity.org Exhibit B .. Meridian Commission Appliciation ~ Acknowledgments: 2010 INITIAL POINT GALLERY SERIES ARTIST/ORGANIZER CONTACT INFORMATION: Check one: }~ i am submitting this form as an individual artist. O ! am submitting this form on behalf of an organization. Artist/Org. Name: GJ,%/~1,~, ~z a r ~(o s!f ; Organizer name: E-mail address: Mailing Address: Physical Address: Phone numbers: APPLICATION OVERVIEW: Check one: ~ ~ I/we propose to fill one half of initial Point Gallery with artwork. ^ I/we propose to fill the entire Initial Point Gallery with artwork. , Number of pieces: / d " /.S' Average size of pieces: a v X ~d t +~. c ~ APPLICATION MATERIALS: [YCompleted, signed Application 8: Acknowledgements Form t~ Biography of artist or informational statement regarding organization, no longer than one 8r4 x 11" page; 19' A letter of intent, describing: Artist/Orgarrization's vision for and/or theme of the proposed display; • Number, dimensions, prices, and medium or media utilized in the works to be displayed; • Any publicity that the Artist/Organization plans to undertake if selected; and/or • Any atypical issues or challenges regarding hanging or display of the works proposed for display. l~' Up to five digital images representational of the artist's/organization's work on a CD, resolution of 300 dpi at a minimum size of 5x7", in .jpg format. Please name each image fate with artist's last name or organization name and the title of the work (e.g.: name.title.jpg). Materials submitted will not be returned. Damaged or non- compliant CDs and/or images will not be considered. Images wilt not be accepted via a-mail. [~ $35 gallery maintenance fee, check made payable to the Meridian Arts Commission. This fee is nonrefundable. HANGING INFORMATION: Initial Point Gallery is equipped with a track system for hanging exhibits. Artwork displayed in the gallery wilt be hung from cables using hooks, and therefore must be equipped with one D ring on the back of the frame, or two D rings on the side rails on the back of the frame, as illustrated below. Wires or eyehooks may not be used for hanging, and clip frames are not allowed. The D-rings should be approximately a quarter of the distance of the total frame height from the top fo the frame, in order to avoid slanting away from the wall. APPLICATIQN AND ACKNOWLEDGEMENTS - 201 i) INITIAL POINT GALLERY SERIES PAGE 1 OF 2 TI3E ARTIST Bill Gardoski was born in 1945.and lives with his wife of 33 years in Meridian Idaho. Art has been an important part of his life since he was old' enough to hold a pencil, but until a.disabling medical problem in 1992 that resulted in the amputation of a leg, the , world of art'was sidelined for the reality. of earning a living.. He turned. down a chance in 1965 to attend the prestigious. Art Center School of Automotive Design Tn LA. He now paints fullti~ne. . Bill has. worked'as an Auto Body Repairman, Policeman, Long Haul Truck Driver, and served six years. iu the US Army, discharged' as Staff Sgt: Entirely self taught, he uses oil on canvas exclusively, utilizing only eleven colors, . mixing all. other colors from these, . ` Bill's work would be beater described as."illustration..with oils" as, opposed to "oil . painting". With photo realism. being his final. goal.. . Working usually in the middle of the ,night, most of his. work deals with mechanical subjects of some kind, as he puts, it "the great machines man has made" focused mostly on Railroad, Aviation, Automotive and.Marine art, although Old Barns, Lighthouses and a landscape can be found lurking in his studio: Realism and machines are his primary - interest•in art: Being reasonably priced, most pamtmgs are sold within a short time of completion, and , some even before being fnushed~ . . His work is showcased in Schrader's Railroad Catalog; Historic Rails.Catalog; and online ~, ~ ~ . at A=Trains cozn:. A large percentage ofhis art is commission work, his original paintings and'prnts are • sough# afterworld wide,.and his. railroadYprints are in every country on the globe; In 2000 the Western Idaho Fair purchased hits painting ofthe Boise Depot, and his work has earned many first place and. peoples choice awards at-fairs and e~clu'bitions He has conunission work hanging at the Caldwell Depot; as well as the. Meridian Library, : . and in: almost. all' the states m this :country.. ` , Bill is a juried:member, of `"The American Society of Aviation Artists"' and in 2004_ ~ ~ -' . Aviation work depicting F=4 Phantoms from The USS Coral Sea was tuned'into-the My goal in my art is to make people aware. of the beauty and power Exhibit C ACKNOWLEDGMENTS: I, /flea c.~ ~~ ~~~ j~,~_, hereby acknowledge the following stipulations and agree that if mylmy organization's art work is selected for display at Initial Point Gallery, such display shall occur subject to these general terms and conditions, as welt as subject to other specific terms and conditions that shall be set forth in a separate, w~ rfi~tten Acceptance Agreement between myseEf and the City of Meridian. I specifically acknowledge that: +'~ A. Before my work wiEl be displayed in Initial Point Gallery, 1 witf be required to enter into an Acceptance ~"m'LL 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 "~ exercise professional care in handling and securing all artwork displayed in Initial Point Gallery, but cannot and will not assume liability far any loss or damage. C. Any insurance of the art work displayed in Initial Point Ga!!ery shalt be the sole responsibility of the ~"~ artist. The City of Meridian shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initia! Point Gallery. D. While artwork displayed in tnitiaE Point Gallery may be passively offered for sale by means of an ~"R~ 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 aone- to two-month INITIAL 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 tnitial Point Gallery at any '"'T'"L time, at the City's sole discretion. >~ G. Art work submitted for display in Initial Point Gallery must be original works conceived and created by the artist (or by artist members of the organization) submitting this application. N. Meridian City Hall is primarily a place of public business and Initial Point Gallery is a public place. The "IT 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 Calt 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: ~~~-- .c~.~...~.~-rl~ Print name: ls~i ~11 c y~r,.,, c.J~a ~ d o s ,~ I Date: // ^ J9 - d'~ To propose an exhibition in Initial Point Gallery, please submit this form, completed in full, with the required materials and fee, via U.S. mail, to: Meridian Arts Commission Attn: Initial Point Gallery 33 East Broadway Avenue Meridian ID 83642 Thank you for your interestt APPLICATION AND ACKNOWE.EDGEAAENTS - 201 U INITIAL POINT GALLERY SERIES PAGE 2 OF 2