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HomeMy WebLinkAboutAcceptance Areement with Frank Eber National Watercolor Society for Display of Artwork in Initial Point GalleryACCEPTANCE AGREEMENT; DISPLAY OP ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEIVIENT; TERMS AND CONDITICINS OF DISPLAY C1F ARTWORK IN INITIAL POINT GALLERY, MERIDL~N CITY HALL ("Agreement") is made this ~ day of , 2011("effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"}, and Prank P~ber, a duly authorized representative of the National Watercolor Society, a corporation organized under the laws of the State of California, whose address is 915 South Pacific Avenue, San Pedro, California ("Organnizer"). (City and ©rganizer may hereina~er be collectively referred to a,s "Parties,") WHEREAS, the City desires that public cart will be a component of Meridian City Hall and to that end, has authorized the Meridian Arts Commission to coordinate the display of mark 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"); '~VI~IEREAS, the National Watercolor Society juries and prepares a traveling exhibit of watercolor paintings for display in public galleries and museums, and has selected Initial Point Gallery to be a host venue for the 2011 Traveling P~xhibit; WHEREAS, on December 21, 2010, the Meridian Arts Commission ("Commission") recommended to the Meridian City Council that an exhibition of selected works of members of the National 'Watercolor Society ("Artists"} be displayed in Initial Point Gallery in or around August 2011; i~'HEREAS, at its regular meeting on December 21, 2010, by the passage of Resolution no. 10-762, the Meridian City Council adapted such recommendation and directed the Commission to work with Organizer to establish a display of aa°t~work in Initial Point Gallery; and V'VHER~AS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Paint 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, THERE~'(JRE, 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: L WA~~ANTY o~ AvTH4R~TY Organizer expressly w~r~rants that, to the extent set forth herein, he is duly authorized to act as the representative and agent of the National Watercolor Society and its principals, including, but not limited to, Artists. Organizer further wa~~rants that she is authorized to bind the National Watercolor Society and its principals to the obligations set forth herein. II. SCOPE OF SERVICES. ACCEPTANCE AG~EM[EN'I' INITiAI, POINT GALLERY DISPLAY PAGE 1 U~ 13 A. Delivery of Exhibit. t~rganizer shall arrange for delivery to Initial Point Gallery, shipping charges prepaid, on or before August 22, 2411, approximately th~irtY X34).paintings, which paintings comprise the National Watercolor Society's ~ ~t~~nnual Exhibition Travel Show ("Exhibit"}. Curator shall be respansible for hanging the a~~twork composing the Exhibit in Initial Point Gallery, and shall make every effort to do so by x:44 p.m. on August 22, 2411. 13. Acceptance of Exhibit. City shall provide to {organizer a written arrival condition report as soon as the Exhibit is unpacked. City shall retain the duplicate painting list enclosed with the Exhibit for City's records. C. Display of Exhibit. (Jrganizer shall allow the display of the National watercolor Society Traveling Exhibit in Initial Paint Gallery from August 22, 2011 to f~ctober 7, 2411, in accordance with the terms of this Agreement. City represents that the building in which the paintings in Exhibit will be displayed, and more particularly, Initial Point Gallery, shall be secured and under the general supervision of City employees when Meridian City tali is open to the public. D. Special Form insurance. At all times relevant hereto, City shall maintain a special form insurance policy though the Idaho Counties Risk Management Prog~~am to cover f ne art in City's possession, at such art's appraised value, up to a limit of five hundred thousand x$544,444.04) per occurrence, which amount includes the City's current fine art holdings as well as the a~~twork in the Exhibit, as described in the proof of insurance attached hereto as ~'achihit B. It is acknowledged by ~Jrgani~er and by City that the appraised value of the a~~twork in the Exhibit shall not exceed the coverage amount described in this p~a<-graph. City's liability for coverage of the a~:~twork in Exhibit under the special form insurance policy shall attach upon City's acceptance of delivery of the Exhibit and shall terminate upon delivery of the Exhhibit to the address specified by Organizer. E. Shipping to next venue; shipping insurance. Curator shall be responsible for removal of such a~:~twork from Initial Point Gallery on ~Jctober 7, 2411. Following such removal, City shall pack the artwork for shipping to the address specified by Organizer. City shall purchase one- way, in-transit insurance to cover damage or loss incu~~red during shipping. All costs for transferring the Exhibit to the address specified by Organizer, including shipping, transportation, and related insurances shall be paid by City. III. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Organizer shall display Artists' au~fiwark in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to t~rganizer or to Artists for services, work, and/or any activity ur~dert~~ken pursuant to or related to this Agreement. B. Sale of artworl~. Artists may passively offer the a~~twork on display in Initial Point Gallery far sale. No price shall be displayed on or be proximate to any work on display in Initial Point Gallery, but a collective price list may be displayed in Initial Point Gallery in a central location. The Gallery Curator shall facilitate any sales of work displayed in Initial Point Gallery by ACCEP'T'ANCE AGREEMEEI~IT I1VlCTIAL POINT GALLERY DISPLAY PAGE 2 of 13 forwarding the buyer's contact information to the selling Artist and the Organizer, Organizer acknowledges the Comm.issian's request that Artists voluntarily donate to the Conrurnission twenty percent ~ZO°/a} of proceeds from any a~~twark sold due to its display in Initial Point Gallery. It is understood that upon the sale of a piece of a~~twork in the Exhibit on display in Initial Point Gallery, such a~~twork shall not be delivered to any buyer until such buyer has paid the Artist in full for such painting, and the National watercolor Society's 91st Annual Exhibition Travel Show has concluded its exhibition at the last venue an the tour. IVr T~'1~ ~l' ~Elt['V11-t~itl.i\1.•~• City and C-rgan~zer shall provide the respective services described in this Agreement in a timely mariner. City and Organizer 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 nbligatians hereunder shall constitute a default of this Agreement. v. ~NS~A~or~. Prior to or after installation, the Gallery Curator and/or the City mayinspect and/or review the au~twork proposed by Organizerand/or Artists far display in Initial Point Gallery to ensure that such arfiwark 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 cannot be safelyand/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City nay require the immediate removal of such work from. Initial Paint Gallery, in which case such artwork shall be stored in a secure location until the Exhibit is shipped to the Next venue. The Gallery Curator or the City may require the immediate removal of such a~:~twork from Ir~.itial Point Gallery where such removal serves the best interest of the City. vi. DISPLAY. A. t~riglna~ artwork. Organizer warrants that any and all artwork provided by Organizerand/or Artists for display in Initial Point Gallery shall be, and is, original work conceived and created by Artists. B. Photographs of arCwork, City may photograph the a~~twark displayed in Initial Point Gallery far the limited purposes of advertising, marketing, and public information. where practicable and to the extent of City's authority, the Artist shall be acknowledged on each such photographic reproduction to be the creator of the original subject thereof, provided that photographic reproductions of a~~twork shall not be identified as or represented to be the finished aa~ twark. C. Use off' name. Organizer hereby conveys to City permission to use the name~s~ of Organizer, Artists, and/or the National watercolor Society for purposes of advertising, marketing, and public information, without violation of Organizer's, Artists', ar the National watercolor Society's respective rights of privacy or any other rights Organizer, Artists, or the Idaho Painters Guild may possess under this Agreement, provided that City shall not use Organizer's, Acc~~rANe~ Ao~~~~rr Ir~~., Panvr G.~.,LERY DISPLAY PAGE 3 of 13 Artists', or the National watercolor Society's logo(s), if any, for any purpose without the express, written permission of Organizer or Artist, respectively. D. Use a~' pity's nhme. City hereby conveys to Organizer 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 Organizer shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. E. Itemovai of artwa~~ by City. W~.le it is intended that Organizer's exhibition will be displayed in Initial Point Gallery for the period set forth herein, City shall have the right to remove artwork from public display at any tine and for any reason. Such removal maybe temporary or permanent in nature. In the event that any a~~twork is removed from public display for any reason or for any length of time, City shall store such work in a secure location and shall notify Organizer in the manner set forth herein. VII. T~RMINATIC~N. A. Termination. If either Party determines that the other Party has failed to comply with any term ar 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 non•defaultingP~rty shall have the right to terminate the Agreement by giving written notice to the defaulting p~~rty of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have twentywfour (24) hours after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be tern~u~ted upon mailing ~f written notice of such termination by the terminating party. ~. Nonwwaiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver ~f a breach of the same or any other provision hereof. VIII. G~r~~~, PRQV~SIt}NS. A. ~.eiationship of Parties. It is the express intention of the Parties that Organizer and Artists are independent parties and not employees, agents, joint venturers, or p~~tners of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Organizer and City or between Organizer and any oflicial, agent, ar employee of City. Nothing in this Agreement shall be interpreted ar construed as creating or establishing the relationship of employer and employee between any ,Artist and City or between any Artist and any official, agent, or employee of City. Organizer and Artists shall retain the right to perform services for others during the term of this Agreement. B. Campiiance with l~-w. Throughout the course of this Agreement, Organizer and Artists shall comply with any and all applicable federal, state, and local laws, AGCEFTANCE AGREEI~'[EN'I' INITIAI. POINT C~rALLERY DISFLAY PAGr 4 of 13 C. Non-Discrimination. Infulfilling arexercisinganyright or abligatianunderthis Agreement, neither Organizer nor any Artist shall discrim~uaate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, rnentul, or sensory disability. D. Entire Agreement. The rWS Traveling l~xhibit Agreement, attached hereto as Exhibit A, is incorporated herein by reference and made a part of this Agreement as if set forth in its entirety in this Agreement. 'T'his 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 p~~ty, whether oral ar 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, perforntanceand enforcement of this Agreement. venue shall be in the courts of Ada County, Idaho. ~'. ~um~lative rights and remedies. All rights and remedies herein enumerated shah be cumulative and none shall exclude any other right ar remedy allowed by law. f ,ikewise, the exercise of any remedy provided far 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 co~.petent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and Assigns. Neither Organizer nor the National watercolor Society shall subcontract ar assign any of Organizer's obligations under this Agreement that require ar that nay require artistic talent or expertise. Organizer may subcontract or assign obligations that do not require artistic talent or expertise, provided that all of the terms, provisions, covenants and conditions afthis Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and a~~str~ators. I. Notice. Any and all notice requ%red to be provided by the Parties hereto, unless otherwise stated in this- Agreement, shall be in writing and shall be deemed can~umunicated upon mailing by United States Mail, addressed as follows: ~r a.~..nizer: Frank fiber rational Watercolor Society 1902 Rockefeller Dane Apt. l Redondo Beach CA 90278 (310} 227-428 Initial Point C~aller~ Curator: ~ r I. MIW • 11 rl~~ ~rl I~-Wlght Wa111an~s Meridian Arts Commission AccEPTANCE AGREE1~fENT INITIAL pO1NT GALLERY I~ISPLA~ RAGE S of 13 3 3 E. Broadway Ave. Meridian, Idaho 83b42 ~~08> 88~*~73 dwight~332 c~q.com Ci Emily I~~ne Deputy City Attorney 33 E. Broadway Ave. Meridian, Idaho 836~~ ~208~ 898-55ob ekane~~neridiancity.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. ~. City Cou~ncii app~rovaY ~equ~red. 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 NESS'~VIC~EREtJF th artier hereto have executed this A cement on the ~ ~~'~ wIT e p gr day of ~ ~ , 20 ~~. ~- a,. {~ ~~ ~` ~~~ ~~ Frank Eber ~~ ~' COREY WEISS COMM. X1871459 NDtnatr . q~o~lr- wa~c~a~«~»w°a ~r~i~ ~~TY of M~1t~l~IAN: BY: Tammy~fle ~/eerd, Mayor ACCEPTANCE AGREEMENT I~i~AL Po~NT GALLERY DISPLAY ~{ ~~ STATE of ~ ~ ~ -~ ss: 1~~~ County ofd ) .,.,~ f~~~~ t I~EREBY CERTIFY that on this ~~ day of J 2011, before the undersigned, a Nota~ Public in the Stag of California, personally appeared Frank Ebert pr°~ven to me to be the person who executed this instrument, and acknowledged to me that he executed the same. IN V~ITI~ESS ~+'HE~.E~F, t have hereuato set my hand and affixed my of~icia 1, the da d year in this certiificate first above written. Notary Public fo California Residing at ~~~,. ~~~ -~ ~~'~~ ,California My Commission Expires: . '~ `~; ~ d~~ 1 ~ 4 ~ 4~~ it ti 4 .. ~ ~' ~°`. p ,~ h r"". ~. tt,y/ ~~ ~, `. ~~ ` .? b ,~ AtteSt• .~ ~~! ~r~ y F 9 `„y'. 7~ ~' Clerk PAGE 6 of 13 EXHIBIT A NWS TRAVELING EXHIBIT AGREEMENT ,~ .- t' '~ NATIONAL WATERCOLOR SOCIETY SINCE 1420 Nws Board of Directors NWS TRAVELING EXHIBIT AGREEMENT President M.E. "Mike" Bliley 1 st Vice President Patricia A. Allen ~ , 1. The City of Mer~d~an, hereafter referred to 'as City, will exh~blt the National 2nd vice- President Water~alor Society's 90th Annual Exhibition 'ravel Show +opening Frank Eber On Au USt ~2 ~~ 11 and Clasp. on C)CtOber ~ ~~ I 1 In 1tS faC1I1 at: g ~ ~ tY 3rd Vice President Chuck McPherson .. ~utlal Pant Gallery, Merldlata. C1ty ~a11 4th Vice President 33 East Broadway AVenUe Linda Baker IVlerxdian, Idaho 83442 ..Secretary Cheryl Devoto Membership/Communicdtions ~. ,'~~ represents Ghat, the ..building in whleh ~e paintings Will be displayed Nancy Mulford and .stored Will be secured and under the supervision of a responsible. a~icial Director Annual Exhibition at all times when the premises are Open to the pub11C. Nancy Shiershke . Director All Member Exhibition Nancy Falciani ~. The exhibition C4nSiStS of THIRTY 3Q firamed aintirl S Under O p ~, Director Finance Ple~.glas aS described On the attached fisting. Alan Marriott Director Building Caroline Van Winkle 4- ~t all Ames relevant hereto, Czty shall ma~ata~n a s~aec~al farm Director Technolo 9Y insurance policy tholl~ll the Naha CaUnt~es R~Sk Management Linda Doll prQ~t'atX1 tO cover fine art in City's pasS~~slon, ~ such art's appraised n e o Value, up ~Q a l~nit of ~J~~d,4~{I per OCCUrxenC~, Which a~naunt m nstratio Facilitator D Penny Hin includes the City's current dine art holdings as v~el1 as the artwork in the Exhibit, as described in the pro~-f of insuuce attached hereto as Newsletter Facilitator Chris Krupinski .~,Xhlblt ~. It IS acknowl~,ged by GrganlZer and by ~lty that file .appraised value of the aa!twork in the Exhibit shnllnot exceed ,the President Emeritus Dick Cole C4Verage atriOUnt desCrabed In th15 paragraph, Clty'S liability far coverage of the a~fiwork in Exhibit under the special fvrxn insurance policy shall attach upon City's acceptance of delivery of the Exhibit ~ ~ ~ from and shall terminate u n delive of the Exhibit to ~ rY .. _ . x ..:~~~~ ~ ~~ ~~ , for sh~pp~ng to Haa~ngton Art Gallery at firehouse Arts Center.. 5 - All sans and co~r~mi~sions will be by arrangement between ...City and 915 SOUTH PACIFIC AVENUE • SAN PEDRO, CALIFORNIA 90731-3201 t~ r 1`. ~ the individual artists. Prices shown on the attached price list are .the amount to be paid by the buyer, with any co~ssion tc~ be retained. by City. Paintingsare -not to be delivered to buyers until the end of the Traveling :Exhibit tour nor- until payment of net amount due to the artist;. slopping expenses to be the responsibility of the buyer. b. The exhibit is scheduled to arrive at Cit on or before.' ~ ~ }~`~r; ~ ~ ~. If y the exhibit has not arrived by this date, City will phone the ~lational watercolor Society and the previous location at once. The exhibition is coming from: ,~ ~ ~- ~ i i,Y ~ ~ _ a ~ n ~~A -gyp! ~ .! o 7. City will send an arrival condition report to the National Watercolor Society Travel Show Director: as soon as the paintings are ,unpacked. The duplicate painting list is to be retained for City's records. 8. The exhibit will be shipped prepaid to City,City will pay transportation and insurance costs to the next destination: ~~~ ~ ~F ' .,~ ,_, f _~ ~ i. t ~. 9. City will ship the exhibition to the next destination in time fog it to arrive before next delive date of ~~ ~ ~ ~ ~_:~. ~ ~~~~~`, ry NATIONAL wATERCOL(?R SOCIETY 915 SOUTH PACIFIC AVENUE • SAN PEDRO, CALIFORNIA 90731-3201 B : Frcunk fiber Date ~~ ~r ~~t ~ Y Phone: ~~' ~-.ail: eber.~rank~gmailCcom CITY tJF IVIERII~I~-N: ~.~~~~~ yeM s' e ..B va-°n"`ar+seas~~. Yf f ' d ~ I''' ~ xi J~~Y §r ~+y~~ ~~ ~. '~ r.. 4 ~... .~. ~ w r h i^ ~ 9 ~ ~ Tammy e eerd, Mayor Dad ~~ «r ~,, ,,i,~ l r ~q A I erg Phone: (208} 8.884433 ~~~, ~ ~~ ~,,~ ,~ ~. E e e an ~~ hY. ~rnail: td vie rd meridi ci :o ~ ~~~ ~ ~,~ F ~~~ ~ ,.~ 915 SOUTH PACIFIC AVENUE ~ SAN PED~O, CALIFORNIA 90731-3201 EXHIBIT B CITY'S PROOF OF INSURANCE NWS DECLARATION OF INSURANCE VALUE PUBLIC ENTITY MULTI-LINES INSURANCE POLICY DECLARATIONS Issued By IDAHO COUNTIES RISK MANAGEMENT PROGRAM, UNDERWRITERS Named Insured: City of Meridian Address: 33 East Broadway, Ste. 308 Meridian, Idaho 83642 Application Date: Retroactive Term for Section II, Coverage D Only: Retroactive Term for Section IV: August 1, 2010 October 1, 2010 May 15,1989 POlicy No.: 30A02114100110 POlicy Period: From: October 1, 2010 To: September 30, 2011 Member $291,569 Contribution: • SECTION I -Buildings, Structures and Personal PropertylAutomobile Physical Damageloperational Disruption ExpenseNaluable Papers & Records A. Buildings, Structures and Personal Amount Reported in 500 of any * The First $2 Pro ert ; p y Schedule of Values , Loss. This Deductible is • Architect's Fees $250,000 Per Covered Occurrence applicable to Section I, Coverages A, B, C, and • Fine Arts $500,000 Per covered occurrence or in the p. aggregate for multiple occurrences • Ordinance Deficiency $5,000,000 Per Covered Occurrence • Preservation of Property $25,000 Per Covered Occurrence • Newly Acquired Property $10,000,000 Per Covered Occurrence • Property in Course of Construction New $250,000 Per Covered Occurrence RepairslRenovations of Existing $1,000,000 Per Covered Occurrence • Service Animals $10,000 Per Covered Occurrence B. AutomobilelMobile Equipment $1,000,000 Per Covered Occurrence Physical Damage C. Operational Disruption Expense $1,000,000 Per covered occurrence or in the aggregate for multiple occurrences. D. Valuable Papers and Records $1,000,000 Per covered occurrence or in the aggregate for multiple occurrences. 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