HomeMy WebLinkAboutAcceptance Agreement with David Day for Display of Artwork in Initial Point Galleryd ~ I/ II ~ I~
("Agreement") is ae on the ~ day o ,
2013 ("Effective ate"), by and between the City of eridian, a municipal co oration organized
un er t e laws of the State of Idaho ("city"), and avi . ay, an individual person ("Artist")® (City
and Artist may hereinafter e collectively referred to as "Parties.")
,the City desires t at public art will e component of eri ian City all and to
that end, the eridian Arts Co ission issued the Call to Artists a ached hereto as Exhibit A, seeking
proposals for the Islay of artwork in Initial oint Gallery, an art gallery on the third floor of eridian
City Hall, the address of which is 33 roadway Ave., eridian, Idaho ("Initial oint Gallery");
~~ , in res onse to the Call to fists, Artist did submit a proposal, comprised of the
materials attached hereto as Exhibit .~ ("Proposal"), for the display o artwork in Initial Point Gallery;
on November , 2012, the eridian Arts Co ission ("Co ission") reviewed
the responses to the Call to Artists, selected Artist's work for display based on the roosal, and
recommended to the eridian City Council that fist's artwork, as depicted in the Proposal, e
displayed in Initial Point Gallery;
at its regular meeting on ecember 1 ~, 2012, by the passage of Resolution no.
11-~99, the eridian City Council adopted such recommendation and directed the Commission to
work with Artist to establish a display of Artist's artwork in Initial oint Gallery; and
, the arties acknowledge that Meridian City all is primarily a place of public
business, that itial 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 eridian City all is a place
where citizens, employees, and visitors of diverse ages and perspectives feel welco e and comfortable;
, ,for good and valuable consideration, the receipt and suf~lciency of
which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants
herein contained, the Parties agree as follows.
® C VC®
ACCEPTANCE AGREEMENT
INITIAL POINT GALLERY DISPLAY PAGE 1
® E N AN AI,
® ®Artist shall is lay fist's artwork in Initial oint Gallery at the pleasure
o t e eridian City Council. City s all not provide co pensation to fist for services, work,
and/or any activity un ertaken pursuant to or related to this Agree ent.
® E ANC
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.
® t . Prior to the installation, removal, replacement, and/or
substitution of the display in Initial oint Gallery or any portion or component thereof, Artist
shall coordinate any and all such activity with the Gallery Curator.
ACCEPTANCE AGREEMENT
INITIAL POINT GALLERY DISPLAY PAGE 2
® A®
® i ®Artist warrants that any and all artwork provided y A ist for Islay in
Initial Point Gallery s all e, and is, original work conceived and created by Artiste
® t s ®City may photograph the artwork displayed in Initial Point Gallery,
as City may desire for purposes of advertising, marketing, and public info anon. ere
practicable and to the extent of City's authority, ist shall e acknowledged on each such
photograph to be the creator of the original subject thereof, provided that photographic
reproductions o artwork shall not be identified as or represented to e the finished artwork.
® s fist's ®Artist erey 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 pe 1SSlon of Art1St.
® s i 's ®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 ayor's Executive
Assistant.
® y ti ®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.
® i s is ® 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 e determined by the Gallery
Curators
® IT , , Sit C®
® i i ®Artist shall, and hereby does, indemnify, save, and hold harmless the City
and any and all o 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.
ACCEPTANCE AGREEMENT
INITIAL POINT GALLERY DISPLAY PAGE 3
® i i i s® City may immediately to mate this Agreement for any reason at
any time without prior notice to Artist.
® i tst® This Agreement shall automatically
terminate upon the death or incapacity of Artist.
® iv ®A waiver of any breach or default of any provision of this Agreement shall not e
construed as a waiver of a breach of the same or any other provision hereof.
ACCEPTANCE AGREEMENT
INITIAL POINT GALLERY DISPLAY PAGE 4
® S
® it oughout the course of this Agreement, Artist shall comply with any
and all applicable federal, state, and local laws.
® s i i . n fulflung or exercising any right or obligation under this Agreement,
Artist shall not discriminate against any personas to race, creed, religion, sex, age, national
origin, sexual orientation or any physical, mental, or sensory disability.
® tie ®This Agreement constitutes the entire understanding between the arties.
This Agreement supersedes any, and all statements, promises, or inducements made y 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.
® .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.
® v i is ° s. 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 y law shall not be to the exclusion of
any other remedy.
® i f any provision o 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.
® i® Any and all notice required to be provided by the Parties hereto, unless otherwise stated
in this Agreement, shall be i writing and shall be deemed communicated upon mailing y
United States ail, addressed as follows.
ACCEPTANCE AGREEMENT
INITIAL POINT GALLERY DISPLAY PAGE 5
Artist:
David R. Day
5024 Bel Air Drive
Boise, Idaho 83705
(208) 794-7271
daverday@gmail.com
Gallery Curator:
Dwight Williams
Meridian Arts Commission
33 E. Broadway Ave.
Meridian, Idaho 83642
(208) 887-6473
dwight5332@q.com
C?~
Emily Kane, Deputy City Attorney
City of Meridian
33 E. Broadway Ave.
Meridian, Idaho 83642
(208) 898-5506
ekane@meridiancity.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 WHEREOF, the parties hereto have executed this Agreement on this 5th day of
March, 2013.
ARTIST:
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David R. Day
CITY OF MERIDIAN:
BY:
Tammy de eerd, Mayor
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Attest: Gty °f
Jaycee H an, City Clerk ~ ID~
IDAHO
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B~ j 16 e T A E R S`y,E.
ACCEPTANCE AGREEMENT
INITIAL POINT GALLERY DISPLAY PAGE 6
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l sls s r ceiv n ri c r
y mail: Meridian Arts Commission
Attn. 2013 Initial Point Gallery Series
33 East Broadway Avenue
Meridian ID 83b42
Bye-mail® macCmeridiancity°org
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Check one: L I am submitting this farm as an individual artist.
^ I am submitting this form on behalf of an organization.
Artist/org. Name:
Grganizer name:
-mail address:
wiling Address:
physical Address:
Phone numbers:
a.~er a.v~ a.l.co
5024 e1 ~.ir I~ro 3?05
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pay: O 794-~2~1
Evening:
Cell:
LAf E i :
Check all that apply: ^~1we propane to fill one half of Initial Point Gallery with two-dimensional artwork.
^ I/we propose to fill the entire initial Point Gallery with two-dimensional artwork.
^ Ilwe propose to fill these display cases with 3p artwork:
^ 24"wxZ4"Dx4Z"N ^ 2~"wxZ4"Dx3b"H ^ 24"wx24"px30"H D Z4"wx24"px24"H
Number of ~D pieces: 24 ~'~° ~ Average size of ~D pieces: x2o
Number of 3D pieces: ~ Average size of 3p pieces:
LfC Tf PALS:
® Completed, signed Application ~ Acknowledgements Farm
® Biography of artist or informational statement regarding organization, no longer than one 8~/z x 11" page;
~ A letter of intent, describing:
a. Artistl0rganization's vision for andfor theme of the proposed display;
b. Number, dimensions, prices, and medium or media utilized in the works to be displayed;
c. Any publicity that the Artistl0rganization plans to undertake if selected; andfor
d. Any atypical issues or challenges regarding hanging or display of the works proposed for display.
r~ Up to five digital images of work representations! of the artist'sf organization's work on a Cp, resolution of X00 dpi
at a minimum size of 5x~", in .jpg format. Please name each image file with artist's last name or organization
name and the title of the work (e.g.: name.title.~pg}. Materials submitted will not be returned. Damaged or non-
compliant CDs andfor images will not be considered. images will nat be accepted via e-mail.
® $35 gallery maintenance fee, check made payable to the Meridian Arts Commission. This fee is nonrefundable.
ISLE 1 F Al
initial Point Gallery is equipped with a track system for hanging two-dimensional artwork. Two-dimensional artwork
will be hung from cables, using hooks, and therefore must be equipped with two D rings (fig9 1 } on the side rails on the
back of the frame fig. 2}o The inside of each D ring must allow a space of at least one-quarter inch ~'~ "} far insertion
of the hooks; any wire constricting this space must be removed. The p rings should be approximately a quarfier of the
distance of the total frame height from the top of the frame in order to avoid slanting away from the wall, wires,
eyehooks, and clip frames may not be used for hanging, initial Point Gallery also provides four display cases, each with
different dimensions tfig, 3}, for displaying three-dimensional artwork.
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FAG. ~® BACK of FRAME
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FIG. . 3D ART I~iSPLAY CASES
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Hel~.o, ;and thank you the .~~.terest ~~ the art work of David R® Da~®
As an. Idaho native ~ ~ouid en~ay disp~.aying my work in ~eridian~
This displa~r space is we.11 suited for mfr unique take ors Idaho and
the west's beauty, not just the majestic vistas but the subtler
details o~ it's architecture and history I would be displa~in~
work gamed and gallery wrapped sized from ~ inches square to much
lamer triptychs, canvases and ~netai work® prices ranging from
$75 ®p~ to $1200 ~ QO
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Gaffa go ~ there's new art waiting fa be discovered.
420 ~ 7 -7271
warehouseman, camera store clerk, real estate broker, bartender, small business owner, radio station
sales manager ~-and then I turned 3Q. After that, highlights include magazine editor, radio show
announcerlproducer ~"The Blues Highway°~, freelance writer and designer.l began focusing an
photography in my 40s, bartending to support my family until I could make it full time.
Recent photography related experience includes several seminars and classes, and a pivotal Ansel
Adams Gallery class taught by Keith Walklett in Yosemite.
Numerous national and regional magazines feature my photography, including books and websites.
Papc~lar Photography and Ford Motor Company chose one of my images in an ad campaign contest.
Another of my recent ad campaigns won the Idaho Ad Federation's RGCKIE award, Boise Postcards,
commissioned by Farmers and Merchant State Bank hangs in the main branch in downtown Boise.
Mountain West bank also displays a group of my historic Chemed Boise photos in the lobby of its
downtown branch. Additional work graces walls throughout the country -from college dorms to New
York brownstones,
Artistr oard Member-Art Source Gallery, Baise,lD 212011
,~uri~d Artist-1604 Springs Art Fair 912012
resenter- Idaho Scholastic Awards 212412
inner- Idaho Ad Federation's RQCKIE award 2011
Presenter--Idaha Photographers workshop- 212012
Member rtist•Boise City Capitol Market Boise, Idaho -2005-Present
Juror-Boise Camera Club End of Year Photography contest 112411
JuriedArCist-Ketchum Art Fair 712011
Juried ist•Art in the Park 1012010-2011
Assistant Teacher -Orcher institute Baise State University 612010
Solo Featured Artistalnitial Point Gallery-City Hall, Meridian ID 212411
Solo Featured Artist-Art Source Gallery 1045 Main, Boise ID 31201,1012412
Sob Featured fist-St. Lakes Gallery, Eagle ID 112Q10
Solo Featured Artist-Eagle City Nail, Eagle, ID 612010
ember-Gallery 55 McCall ID-1112014-1212011
Founding ever-Art 4Art Baise 2447-2009
inalistWGreat American Ford Contest-200
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Meridian City Nall is primarily a place of public business and Initial Point Gallery is a public places The
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 Call far 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. ~~ma~
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o r ose x i lion in Initial it ells leases it t is f r , c let i 1, ifi t r ire
terns a fee, via ~. ail, is
Meridian Arts Commission
Attn: Initial Point Gallery
33 East Broadway Avenue
Meridian ID X3642
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