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HomeMy WebLinkAboutAcceptance Agreement with Tim Murphy for Display of Artwork in Initial Point GalleryA~C'~PT.AI~IC~ AG EIVIEI~Te I~I~I'IJA`S~ ~' AR'I`W~.~ ~N ~IVI'I`IAIJ P~IINT ~AIII.r~R.Y,11~~ T~IAN CITY ~IA.LL This ACCEPTANCE AGREEMENT; DISPLAY OF AR.T'9VORI~ IN INITIAL POINT GALLERY', MEIZIDIAN CITY I-~ALf, ~"Agreement"} is made on the 2nd day of April, 2013 ("Effective Date"}, by and between the City of 1Vieridian, a z~nunicipal corporation organized under the laws of the State of Ida11o ("City"}, and Tire Murphy, an individual pez•soz~ ("Artist"). (City and Artist may hereinaftez• be collectively refelTed to as c`Pa1`t1eS."~ 'VVIEI~ aA.~, the City desiz•es that public art will be a component of Meridian City Hall and to that end, has invited Az-tist to display his a1-twork in Initial Point Gallery, an a1't gallezy on the third floor of Meridian City Hall, the address of which is 33 E, Bz•oadway Ave., Meridianz, Idaho (``Initial Point Gallery"}; ~~~R]EAS, the Parties acknowledge that Meridian City I-Iall is primarily a place of public business, that Initial Point Gallez•y is a public place, and that while the City seeps to ezicourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitoz•s of diverse ages and perspectives feel welcome and comfortable; 1~~'4~, 'I'~I'1R~F~RI+~, 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 agz`ee as follows: SCOPE OT` SERVICrES. Artist shall pez•sonally deliver artwork to Initial Paint Gallery, on March 29, 2013, at 9:~4 a.rn., or at such tune and date as is mutually agreed upon by the Artist and the Gallery Curator. AY.-tist shall be responsible for installing szzch artwork on March 29, 2Q 13 at the direction of the Gallery Curatoz; shall allow the display of such work in Initial Point Gallez•y from March 29, 2013 to April Z6, 2013, in accordance with the terms of this Agreement; and shall be responsible fox` removal of such az`twork on April 2d, 2(}13, at 9:OQ a.m., or at sucl-r time and date as is mutually agreed upon by the Az•tist and the Gallery Curator. Y. ~Oi!'IPEi~tSA'I'IQ~! AI+ID SALE OF AIdTwORI~. .A. ~Io coxn~c~nsatlon. Artist shall display Artist's art~rorl{ in Initial Point Gallery at the pleasuxe of fire Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken puz'slzant to or related to this Agreement. . ~aie of artwor~I~. Ai~tist nay, at the direction of and in the manner established by the Gallezy Curator, passively offer the az•twork on display in initial Point Crallely for sale, No price shall be displayed on or be proxiz~nate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's wlorle; any transaction related to the sale of az`tvtrorl~ shall be handled solely by Artist, Artist acknowledges fire Commission's request that Artist voluntarily donate to the Corxzniission twenty pe7`cent (2D%} of proceeds from any artwoz•k sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point ClalIezy, Artist nnay remove such artwork from the Gallery, provided that Artist z~eplaces the removed piece with another piece of artwork within twenty four (2~} hours of such removal. Artist shall cooz•dinate the removal, replacement, and/or substltutioz~ of any and all artwork with the Crallery Cuz•ator prior to such activity. ACCI~P"I'ANCE AGItEEMI;N'I' INITIAL POINT GALI.,F.;It~' DISPLAY PAGE I III, T~~~~ o~ P~Rr~~n~A~rGE. Artist shall provide services described in this Agreement in a timely manner, as described hezezn. Artist acl~nowledges and agrees that tune is strictly of the essence with respect to this Agreement, and that the failzue to timely perform any of the obligations hezeundez shall constitute a default of this Agreement. IV. INSm~r.~AT~orr. A. Coo~•dinafiiolz with Ct~z•atol•, Pz•ioz to the installation,l•emoval, replacement, and/oz substitution of tlae display in Initial Point Gallely or any portion or component thereof, Artist shall coordinate a11y and all such activity with the Gallezy Curator. Inspection of display. Prioz• to or aftel• installation, tlae Gallezy Curator and/ar the City may inspect and/or review tl~1e artwork pz•oposed by .Az•tist far display in Initial Point Gallezy to ensure compliance with all criteria set foz~tlz in the Call to Artists attached hez•eto as Exh~hit A, as well as to ensure that such a1•twoz•l~ znay be safely and appropziately displayed in Initial Point Gallery. If tlae Gallezy Curator or the City concludes that the display oz• any poz•tion o1• component thereof does not meet the criteria set forth in .~~-~lirbitA or canzaot be safely and/or appropziately displayed in Initial Point Gallezy, the Gallezy Curator oz the City znay require the immediate removal of such artwork fzom lnitial Point Gallezy. Furthez, the Gallezy Cuz•ator or the City may z•equire the immediate relnoval of such artwork fzom Initial Point Gallezy whez•e such removal serves the best interest of the City. V. rspY,AY. A. ~rigilial aI't~6'Y0~'~. AI•tist warrants that any and all al~tworlc provided by AI•tist for display in Initial Point t~rallery shall be, and is, original work conceived and c1•eated by AI•tist• . Photographs of artwol'l~. City znay photograph the artwork displayed in Initial Point Gallezy, as City may desire foz purposes of advertising, ma1•l~eting, and public information. 'Where practicable and to the extent of City's authority, Az•tist shall be ackl~owledged on each such photograph to be the creator of the original subject thereof, provided that photographic z•epl+oductions of az•twozk shall Ilot be identified as oz' zepl•esented to be the finished az•twozl~. C. Ilse of ~lI•tist's zzalne, Az•tist 1lereby conveys to City permission to use Artist's Ilan2e for ptuposes of adveltising, marketing, and public infolmation, without violation of Artist's rights ofprivacy or any other rights Artist may possess under this Agreement, provided that City shall Iaot use Artist's logo, if a1-Iy, for any puzpose without the expz•ess, written permission of Artist, . sc of City's nazrie. City hereby conveys to AI-tist permissions to use City's name foz purposes of advertising, marketing, and public ilformation, without violation of City's tights ofprivacy or any other rights City may possess under this Agreement, provided that AI•tist shall not use City's logo for any puzpose without the express, written permission of tl~e Mayor's Executive Assistazlt. .~. I~e~rzoval of ~az•t~voz°h by City. City shall have the right to remove Artist's az.-twork from public display at any time and for any reason. Such removal n~iay be temporazy or penznanent in nature. Where such artwork is or is intended to be removed from public display for longer than foz•ty-eight (4$}hours, City shall notify Artist in the n~ianner set forth herein. `While it is Intended that Antist's aztwark will be displayed in Initial Point Gallery for the period set forth herein, this period may be shoz•tened by City far any reason, without notice to the AI•tist. t]CC~PTANCE A.GCtEEMENT INITIAL PO1N'[' GALLERY DISPLAY PEtG~; 2 ~`. Removal of az•tvvork lby Artist, Az~tist 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 dize to the sale of a piece or for any othez• reason. . Simultaneous display. City may elect to display the work of more than one Az•tist or Organization in initial Point Gallery at any time, at tllzce City's sole discretion. The znal~ner and arrangement of the display{s) in Initial Point Galley shall be detez•n~ined by the Gallery Curator, ''VI. INnEn~~t~~xCAr~~~ot~~ ~A~VER, ~~p_INSVRAN~CE. 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 al~d all losses, claims, and judgments for damages or injury to persons or prapez`ty, and froze any and all losses and expenses caused or incurred by Artist or Artist's servants, agents, employees, guests, and/or invitees. . '~ai~er. Az-tist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to pez•sons or property arising from, growing out of, or in any Way connected with or Izzc~dent to Artist's per'forn~ranee of this Agreement, Whether' such Ions or damage may be attributable to lCr~roWn or unl~rlown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. ~. Insurance A~•tisf's respansibili~y, 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 fiu-therance 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 oz agents shall be the sole responsibility of Artist. Artist shall obtain all necessazy insurance as n~ray be required in order to pz•otect Artist's insurable interests for its rights and obligations described Within this Agreen~.ent, including, but not limited to, liability insurance, automobile insurance, worlcer's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery, Artist shall beat' any ar~rd 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. ~ `TERIi~IA1ATlOI+I, A. 'I"ez•nlination 1'or cause. Yf CitS> deterrmrnes t12at Artist leas Palled to Comply Wzth any tezna ox• condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or• document requiled to be prepared ur-rdel• this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; oz• if either Party willfully or negligently defaults in, oz• fails to fI.1lfill, its material obligations zznder this .Agreement; the Ot11eI• Pa7•ty shall have the right to terminate the Agreement by giving written notice to the defaulting paz•ty 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. . T'erzninafion withor~t cause. City znay immediately terminate this Agreezx~ent far any reason at any tinge without prior notice to Artist, AccI~PTANCE AGREFMEN'1' INITI/1~, POINT Gf1LLEi~Y D($1'LAY PAGE ~ C. Tez•nziz~atioz-z upon death or iz~capaeity of Artist. This Agreement shall automatically terminate upon the death or incapacity oI` Artist. . 1~Ioz~z~waive~•. A waivez• 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 V~YI.~.Y~NE~ZAi., P~t(~VrSI~NS. ~4.. ~eiatiozzship of Paz°ties. It is the express intention of Paz-ties that Artist is an independent pasty and not an employee, agent, point venturer, or partner of City. Nothing in this Agreement sha11 be intezpreted or construed as creating or establishing the relationship of employer and employee between A~•tist and City or between Artist and any official, agent, or employee of City, Both paz-ties acknowledge that Ai`tist is not an employee of City, Artist shall retain the right to perfoz•~m sezvices for others during the term of this Agreement. . Coz~npliance with law. Throughout the course of this Agreement, AY•tist shall comply with any and all applicable federal, state, and local lavas. C. Non iscrimi~zatiozz, In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discz•iminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. . ~~ztiz•e agz•eezuez~t. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, oz• inducements made by either party, or agents of either paz•ty, whether oral or written, and whether previous to the execution hereof or canten~.poraneous herewith. The tez'ms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both paz•ties hereto. '~. Agreez~ziez~zt goverz~cd by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue sl-zall be in the courts of Ada County, Idaho. ~'. C~zzalulative rights azzd remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude azzy other right oz• remedy allowed by lave. IJikewise, the exercise of any remedy provided for herein oz' a1lo~ved by la~vv shall not be to the exclusion of any other remedy. Seve~•ability. if any provision of this Agreement is found by a court of competent juz'isdzction to be illegal, invalid, oz• unenforceable, the remainder of this Agreement shall not be affected. . Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that realuire or that may require Artist's artistic talent or expez-tise. Artist may subcontract or assign obligations that do not require Artist's artistic talent or expez-tise. All of the tezms, provisions, covenants and conditions of this Agreement shall izauze to the benefit of, and shall be binding upon, each party and their successors, assigns, Iegai representatives, heirs, executors, and administrators. ~. l~iotice. 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: Acc~~'~•ANCr AGIt~:EiNtN`(' ~NITIAI, Po1NT CJfALL~;iZY T71s1'LAY PAGE ~ Artist: Gallery Curator: Tim Murphy Dwight Williams Address:~~$'7 2 t,J .~14 ~ l~a~ Meridian Arts Commission ~,s~e g3~v~j 33 E. Broadway Ave. Phone;77o B'-3~Le ~ ©~3f~ Meridian, Idaho 83642 tim866@gmail.com (208) 887-6473 dwight5332@q.com City 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 2nd day of April, 2013. ARTIST: i~ Tim Murphy CITY OF MERIDIAN: ~--/~`~_o ~~ BY: / Tammy de, W erd, Mayor 4S~¢AL `.D A UCGST r ~~CO 9~~ Attest• ~~ c~~y of Jaycee an, City Clerk E IDIAN~- IDAHO 9 nF SEAL ti~ ~~E9'~1he TAEA~~'~~yp ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 5 ~; ~~ t eri+~iCin C€~m1~'l[SS1#~11 Call for Artists: 2013 INI~"IAL POINT GALLERY SERIES avERVIEw: -- The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/or three-dimensional artwork as part of the 2013 Initial Point Gattery 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, InitiaE Point Gallery provides 120 feet of total wall space for hanging two- dimensional artwork, and four enclosed display cases for three-dimensional artwork. MAC requests that artists voluntarily donate to MAC 20% of proceeds from sales of art displayed in Initial Point Gallery. ELIGIDILITY: Two-dimensional works displayed in Initial Point Gallery must be comprised of professional quality, ready~to-hang, original art; artwork an paper must be under glass or acrylic. Selectees must fill alt or half of the gallery. 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. Each piece to be displayed Witt be evaluated for its compliance with these general requirements. Setectees wilt be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. Selectees may reapply biennially. PRaP®5AL REQUIREMENTS: Artists or organizations wishing to display work in the 2013 Initial Point Gallery Series must provide the f©tlowing materials and information to MAC in order to be considered for setectipn. ^ Completed, signed Application Ft 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, each image must be of a different artist's work); and ^ $35 gallery maintenance fee (nonrefundable), betaits and forms are available at the City's website, http;//www.meridiancity.org or upon request. Limited assistance producing digital images may be available upon request. Materials submitted cannot be returned. DEADLINE; All proposals must be received by MAC by 5:Q4 p.m, an Friday, Qctober 26, 2012. SELECTION PRt~CESS: The selection of art for the 2013 Initial Point Gattery Series will be made by MAC. MAC will notify selectees by letter sent U.S. Mail. In evaluating eligible proposals, the following factors Witt be considered: ^ Q.uality of work; ^ Appropriateness of subject and concept far a functioning government workplace; ^ Consistency with City policy and community values; and ^ Contribution to aesthetic and cultural atmosphere of Meridian City Halt. RESQURCES PROVIDED UPUN SELECTION: The City of Meridian will provide selected artists/organizations with the following resources. Volunteers to assist artisttorganization with installing and removing each piece of artwork; ® Track system for hanging 2D art, using wires that are attached to hooks; Four enclosed pedestals for ~D art, each approximately 24 inches square; ^ Space for artist information and/or an information board; and ® Publicity of the exhibit through City contacts, local media, and other informational forums. CONTACT MAC: By mail: By e-mail: Meridian Arts Commission Attn: 201 Initial Point Gallery Series 33 Fast Broadway Avenue Meridian ID 83b42 mac~meridiancity.org