Acceptance Agreement with C.J. Rench for Meridian Split Corridor Phase 2 Art ProjectACCEPTANCE AGREEMENT
MERIDIAN SPLIT CORRIDOR PHASE 2 PUBLIC ART PROJECT
This ACCEPTANCE AGREEMENT is made this I Lo day of September, 2014 ("Effective
Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the
State of Idaho ("City"), and C.J. Rench, on behalf of CJRDesign, an assumed business name registered
with the State of Oregon ("Artist"). (City and Artist may hereinafter be collectively referred to as
"Parties.")
WHEREAS, on November 12, 2013, City and Artist entered into a Professional Services
Agreement for Fabrication and Installation of Meridian Split Corridor Phase 2 Public Art Project
("November 12, 2013 Agreement") that includes, in Section II.C.3, a requirement that the parties enter
into a mutually agreed-upon acceptance agreement to include Artist's indemnification of City and the
Ada County Highway District ("ACHD") and express waiver of Artist's right, title, or interest in the
Artwork as a condition of the City's Final Acceptance of the artwork designed, created, and installed
by Artist pursuant to the November 12, 2013 Agreement;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby, and in the November 12, 2013 Agreement, acknowledged and agreed, and in
consideration of the mutual promises and covenants herein contained, the Parties agree as follows:
L INDEMNIFICATION.
Artist hereby indemnifies and saves and holds harmless City, ACHD, and/or their respective
employees, elected officials, agents, guests, and/or business invitees, from any and all liabilities, losses,
claims, actions, and/or judgments for damages, expenses, and/or injury to any person or property
caused or incurred by or as the result of the performance of or failure to perform any work or service
under or related to the November 12, 2013 Agreement and any and all addenda thereto.
Artist specifically hereby indemnifies and saves and holds harmless City and ACHD, and/or their
respective employees, elected officials, agents, guests, and/or business invitees, from any and all liabilities,
losses, claims, actions, judgments for damages, expenses, or injury to any person or to property arising as a
result of:
A. Artist's failure, or the failure of any agent, employee, or subcontractor of Artist to exercise
reasonable care, skill or diligence in the performance of any work or service under or related to
the November 12, 2013 Agreement and any and all addenda thereto;
B. Any breach of any representation, warranty or covenant made by Artist, or by any of Artist's
agent(s), employee(s), or subcontractor(s);
C. Artist's infringement of or upon any intellectual property rights, whether intentional or
unintentional, known or unknown, including any copyright or patent arising out of the
reproduction or use in any manner of any plans, designs, drawings, specifications, information,
material, sketches, notes or documents created by Artist in the performance of any work or
service under the November 12, 2013 Agreement and any and all addenda thereto; and/or
ACCEPTANCE AGREEMENT
MERIDIAN SPLIT CORRIDOR PHASE 2 PUBLIC ART PROJECT PAGE 1 of 2
D. The malfunction, breakage, or failure of the artwork, or any portion or component thereof,
created and installed under the November 12, 2013 Agreement and any and all addenda thereto.
II. WAIVER.
Artist hereby waives and releases, on behalf of himself, his employees, agents, heirs, executors,
administrators, assigns, and/or personal representatives, any and all claims and/or rights for damages he
and/or CJRDesign now has or may hereafter have against the City of Meridian and/or its employees,
elected officials, agents, guests, and/or business invitees, suffered in connection with or arising out of
the performance of any work or service under or related to the November 12, 2013 Agreement and any
and all addenda thereto. Except as otherwise expressly delineated in the November 12, 2013
Agreement and any and all addenda thereto, Artist hereby waives any and all right, title, or interest in
items created under, assembled pursuant to, and/or otherwise related to the November 12, 2013
Agreement and any and all addenda thereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day of
September, 2014.
ARTIST:
CITY OF MERIDIAN:
STATE OF IDAHO )
ss:
County of )
I HEREBY CERTIFY that on this day of2014,
before the undersigned, a Notary Public in the State o Idaho,
personally appeared C.J. Rench, proven to me to be the person who
executed the said instrument, and acknowledged to me that she
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal, the day and year in this certificate first above written.
Notary Publ.i for Idaho
Residing at t Idaho
My Commission Expires: —1 (e
BY:
Tammy de Weerd, Mayor
. �-
v Qv'
ir„ ,.¢ City of
Attest:
Ity
ACCEPTANCE AGREEMENT
MERIDIAN SPLIT CORRIDOR PHASE 2 PUBLIC ART PROJECT
11 r 8- \. ¢ D" 1 O J
w
SEAL w
41 11
O
% °f the TRE aSV�E
PAGE 2 of 2