HomeMy WebLinkAboutAcceptance Agreement with Sara Allen for Display of Artwork in Initial Point Gallery~. ~. NT®
IS Y t~ T TIL NT A Y, E AN CITY AI,L
This ACCEPT CE AG E : DISPI,A~' ®p' AID ®12I~ IN PO GALrL,EI~.Y,
INDIAN CITY I1(66Agreement") is made on the day of May, 2013 ("Effective Date"), by and
between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho (66City99)'
and~.Sara .Allen, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as
66~a1 l.les. ")
1~, the City desires that public art will be a component of Meridian City T~Iall and to that end,
has invited Artist to display his 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");
E A, the Parties acknowledge that Meridian City Fall 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 Fall is a place where citizens,
employees, and visitors of diverse ages and perspectives feel welcome and comfortable;
, T ,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:
Sc®P~ ®~ SEI~vICES®
Artist shall personally deliver artwork to Initial Point Gallery, on August 2, 2013, at 9:00 a.m., or at such
time and date as is mutually agreed-upon by the Artist and the Gallery Curator. Artist shall be responsible
for installing such artwork on August 2, 2013 at the direction of the Gallery Curator; shall allow the display
of such work in Initial Point Gallery from August 2, 2013 to August 30, 2013, in accordance with the terms
of this Agreement; and shall be responsible for removal of such artwork on August 30, 2013, at 9:00 a.m., or
at such time and date as is mutually agreed upon by the Artist and the Gallery Curator.
. C® ~NSA~I®~ A At,~ ~ A~. ®~x®
A. N® c® ensati®. Artist shall display Artist's 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.
ale ® a vv®rk® 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.
ACCEPTANCE AGREEIvIENT
INITIAL POINT GALLERY DISPLAY PAGE 1
III. T' ®~ ® ~~E.
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. I~ts~~I1L~'~t®~.
. C®®r inati®n °th Curat®r. 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.
. ecti®n ®f is lay. 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, as well as to ensure that such
artwork maybe 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
Exhibit A 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.
. tsPr.~~.
A. rigi al artw®rk. 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.
®t®gra s ® artw®rk. 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. Ilse ®f rtist9s na e. 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.
. jJse ® City's a e. 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. e ®val ®f art®rk 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 (4g) 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 maybe shortened by City for
any reason, without notice to the Artist.
ACCEPTANCE AGREEMENT
INITIAL POINT GALLERY DISPLAY PAGE 2
F. a oval ® artw®r y Artist. Artist shall coordinate with the Gallery Curator the removal,
replacement, and/or substitution of any and all artwork prior to such activity, Whether SUCK actlvlty 1S
necessary due to the sale of a piece or for any other reason.
G. Si u ne®us 's lay. City may elect to display the work of more than one Artist or ®rganization 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.
V. ~~ ~~~~®, AI~ER~ ~ Nsi1 ~~~.
A. n e ificati®. 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 a111osses and expenses caused
or incurred by Artist or Artist's servants, agents, employees, guests, and/or invitees.
. giver. 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
maybe attributable to known or unknown conditions, except for liability arising out of the tartious
conduct of City or its officers, agents or employees.
C. Insure ce Artist's res ®nsi ility. 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 alI necessary insurance as maybe 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.
VI. ~ A'ri®N.
A. er inati®n ®r 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.
. e'er 'nati®n with® t cause. City may immediately terminate this Agreement for any reason at any
time without prior notice to Artist.
ACCEPTANCE AGREEMENT
INITIAL POINT GALLERY DISPLAY PAGE 3
C. Ter °nati® ® eat ®r inca acity ~f Artist. This Agreement shall automatically terminate upon
the death or incapacity of Artist.
. ®n-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.
VIII. ~N~ t. ®vtsr~~rs.
A. elati®ns i ® arti~s. 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. Poth 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.
. C® ia~ce with law. Throughout the course of this Agreement, Artist shall comply with any and all
applicable federal, state, and local laws.
C. N®n- iscri °nati® . 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.
® retire agree e t. 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. Agree ent g®verne y ah® 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.
. C ulative rig is and re e i , AlI 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. Severn iity. 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.
. S cress®rs and assigns. Artist shall not subcontract or assign any of Artist's obligations under this
Agreement that require or that may require Artist's artistic talent or expertise. Artist may subcontract or
assign obligations that do not require Artist's artistic talent or expertise. A11 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.
. ®°ce. 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 4
Artist:
Sara Allen
6279 Rim Road
Nampa, Idaho 83686
Phone:
saraa@clearwire.net
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 nofice 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 ~ day of
_ ylnp~a,~, 2013.
ARTIS~ ~"
~~~~ ~ ,.
Sara Allen
CITY OF MERIDIAN:
BY: - /-~~
Tammy de W~
Attest:
Jaycee I-Iellnan, Ciry Clerk
ACCEPTANCE AGREEMENT
tNnIAL POINT GALLERY DISPLAY
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Cal( for Artists: 2013 IN11'IAL POINT GALLERY SERIES
OVERVIEW:
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 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 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.
ELIGIBILITY:
Two-dimensional works displayed in Initial Point Gallery must be comprised of professional-quality, ready-to-hang,
original art; artwork on paper must be under glass or acrylic. Selectees must fill all 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 will be evaluated for its compliance with these general requirements. Selectees will be asked to enter into
an Acceptance Agreement with the City setting forth specific conditions of display. Selectees may reapply biennially.
PROPOSAL REQUIREMENTS:
Artists or organizations wishing to display work in the 2013 Initial Point Gallery Series must provide the following
materials and information to MAC in order to be considered for selection.
^ Completed, signed Application Et 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).
Details 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 5:00 p.m, on Friday, October 26, 2012.
SELECTION PROCESS:
The selection of art for the 2013 Initial Point Gallery Series will be made by MAC. MAC will notify Selectees by letter
sent U.S. Mail. In evaluating eligible proposals, 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 following resources:
• Volunteers to assist artist/organization 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 3D 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: 2013 Initial Point Gallery Series
33 East Broadway Avenue
Meridian ID 83642
macC meridiancity.org