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2015-01-20CiWEN.L CITY COUNCIL REGULAR HO MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, January 20, 2015 at 6:00 PM Roll -Call Attendance O David Zaremba X Joe Borton O Charlie Rountree X Keith Bird XGenesis Milam X Luke Cavener X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Troy Drake with Calvary Chapel 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. FP 14-044 Irvine No. 2 by Trilogy Idaho Located Southeast Corner of W. Chinden Boulevard and N. Ten Mile Road Request: Final Plat Approval Consisting of Forty (4) Single -Family Residential Building Lots and Six (6) Common Lots on Approximately 12.41 Acres in an R-8 Zoning District B. FP 14-045 Hill's Century Farm Subdivision No. 1 by Brighton Investments, LLC Located 5340 S. Eagle Road Request: Final Plat Approval Consisting of Eighty (80) Buildable Lots and Eight (8) Common/Other Lots on 28.38 Acres of Land in the R-8 Zoning District C. Temporary License Agreement Between the Ada County Highway District and the City of Meridian Regarding the Storey Park Dog Park Development D. Award of Bid and Approval of Agreement to Titan Technologies, Inc. for the "WATERLINE EXTENSION — LOCUST GROVE, BLACKROCK TO REFLECTION RIDGE" project for a Not -To -Exceed amount of $393,114.38 E. License Agreement Between the Nampa -Meridian Irrigation District and the City of Meridian Regarding the Nine Mile Drain at the Storey Park Dog Park Meridian City Council Meeting Agenda —Tuesday, January 20, 2015 Page 1 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. F. Acceptance Agreements for Display of Artwork in Initial Point Gallery, Meridian City Hall: 1. George Manlove, January 30 to February 27, 2015 2. Lily M. Lee, January 30 to February 27, 2015 3. Lauren Johnson, April 3 to May 1, 2015 4. Joyce Green, May 1 to May 29, 2015 5. Community Center Art Group, May 29 to July 3, 2015 6. Stephanie Beck, July 3 to July 31, 2015 7. Adam Reynolds, July 3 to July 31, 2015 8. Boise Open Studios Collective Organization, July 31 to August 28, 2015 9. Mark Rezanoff, August 28 to October 2, 2015 10. John Septien, August 28 to October 2, 2015 11. Lori K. Seale, October 2 to October 30, 2015 12. Bonnie Peacher, October 30 to December 4, 2015 6. Items Moved From Consent Agenda None 7. Department Reports: A. Mayor's Office: Resolution No. 15-1045: A Resolution for the Appointment of Ryan Fitzgerald to Seat 2 and Gregory Wilson to Seat 4 of the Meridian Planning and Zoning Commission Approved Action Items A. Public Hearing: TEC 14-007 Baraya Subdivision by Matt Schultz Located 3935 W. Franklin Road and S. Black Cat Road Request: Two (2) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineer's Signature on the Final Plat Approved 9. Continued Department Reports A. Legal/Fire: Memorandum of Understanding to Amend Current Collective Bargaining Agreement Appendix A to Correct the Promotion Pay for the Grandfathered Positions in the Current Agreement Approved 10. Future Meeting Topics None 11. Executive Session Per Idaho State Code 67-2345 (1)(f): (f) To Consider and Advise Its Legal Representatives in Pending Litigation Into Executive Session at 6:24 p.m. Out of Executive Session at 7:22 p.m. Adjourned at 7:22 p.m. Meridian City Council Meeting Agenda — Tuesday, January 20, 2015 Page 2 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council January 20 2015 A meeting of the Meridian City Council was called to order at 6:03 p.m., Tuesday, January 20, 2015, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Joe Borton, Genesis Milam and Luke Cavener. Members Absent: David Zaremba and Charlie Rountree. Others Present: Bill Nary, Jaycee Holman, Caleb Hood, Clint Dolsby, Tracy Basterrechea and Chris Amenn. Item 1: Roll -call Attendance: Roll call. David Zaremba X Joe Borton Charlie Rountree X Keith Bird _X_ Genesis Milam _X Lucas Cavener X Mayor Tammy de Weerd De Weerd: Good evening. For the record it is Tuesday, January 20th. It's a few minutes after 6:00. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Troy Drake with Calvary Chapel De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Pastor Troy Drake. He is with the Calvary Chapel. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Thank you for joining us. Drake: Thanks, Mayor. Lord God in Heaven, thank you for this city that we have to work and live and we just thank you for the safety that we have and the opportunity, God, that you afforded here, for the families to grow, that we have a vibrant faith community and opportunities and so we just appreciate what you have done here. So, we just pray for our city for this coming year, that you would have your way and that we would look to you first and foremost and, Lord, tonight we are praying for these people here, our elected public servants who sacrifice to do the will of the people and so we just pray for Mayor Tammy and all the other Council members, that they would have Meridian City Council January 20, 2015 Page 2 of 12 wisdom, God, supernatural wisdom to accomplish your will, to be good stewards with what they have been given to manage, that you give them vision, and, Lord, that we could just have peace in this town. So, lastly, Lord, I pray for the -- all the servants who -- who do keep the piece and that they would be safe, Lord, and that you would just do a great work -- a continued great work into the City of Meridian and the Treasure Valley. So, we love you, God, in Jesus name we pray, amen. Thank you. De Weerd: Thank you. And I promise I won't offer you another pin. Drake: Thank you, Mayor. De Weerd: But I will thank you for your involvement in our Faith Ambassadors Council and -- and the other roles that you play within our faith community. Thank you. Drake: Thanks, Mayor. I love being a part of it. Item 4: Adoption of the Agenda De Weerd: Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On Item 7-A, the Mayor's Office, that resolution number is 15-1045 and with that I move that we approve the agenda as published. Milam: Second. De Weerd: I have a motion and a second to approve the agenda as published. All those in favor saw aye. All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. Item 5: Consent Agenda A. FP 14-044 Irvine No. 2 by Trilogy Idaho Located Southeast Corner of W. Chinden Boulevard and N. Ten Mile Road Request: final Plat Approval Consisting of Forty (4) Single - Family Residential Building Lots and Six (6) Common Lots on Approximately 12.41 Acres in an R-8 Zoning District B. FP 14-045 Hill's Century Farm Subdivision No. 1 by Brighton Investments, LLC Located 5340 S. Eagle Road Request: Final Plat Approval Consisting of Eighty (80) Buildable Lots and Meridian City Council January 20, 2015 Page 3 of 12 Eight (8) Common/Other Lots on 28.38 Acres of Land in the R- 8 Zoning District C. Temporary License Agreement Between the Ada County Highway District and the City of Meridian Regarding the Storey Park Dog Park Development D. Award of Bid and Approval of Agreement to Titan Technologies, Inc. for the "WATERLINE EXTENSION — LOCUST GROVE, BLACKROCK TO REFLECTION RIDGE" project for a Not -To -Exceed amount of $393,114.38 E. License Agreement Between the Nampa -Meridian Irrigation District and the City of Meridian Regarding the Nine Mile Drain at the Storey Park Dog Park F. Acceptance Agreements for Display of Artwork in Initial Point Gallery, Meridian City Hall: 1. George Manlove, January 30 to February 27, 2015 2. Lily M. Lee, January 30 to February 27, 2015 3. Lauren Johnson, April 3 to May 1, 2015 4. Joyce Green, May 1 to May 29, 2015 5. Community Center Art Group, May 29 to July 3, 2015 6. Stephanie Beck, July 3 to July 31, 2015 7. Adam Reynolds, July 3 to July 31, 2015 8. Boise Open Studios Collective Organization, July 31 to August 28, 2015 9. Mark Rezanoff, August 28 to October 2, 2015 10. John Septien, August 28 to October 2, 2015 11. Lori K. Seale, October 2 to October 30, 2015 12. Bonnie Peacher, October 30 to December 4, 2015 De Weerd: Item 5 is our Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the Consent Agenda as published and for the Mayor to sign and the Clerk to attest. Cavener: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Madam Clerk, will you call roll. Meridian City Council January 20, 2015 Page 4 of 12 Roll Call: Bird, yea; Rountree, absent; Zaremba, absent; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. Item 6: Items Moved From Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 7: Department Reports: A. Mayor's Office: Resolution No. 15-1045: A Resolution for the Appointment of Ryan Fitzgerald to Seat 2 and Gregory Wilson to Seat 4 of the Meridian Planning and Zoning Commission De Weerd: So, we will move to Item 7-A. Council, in front of you is a Resolution 15- 1045 to appoint Ryan Fitzgerald to Seat No. 2 and Gregory Wilson to Seat No. 4 of the Meridian Planning and Zoning Commission. Both are here in attendance tonight and I did tell them I would invite them up to -- to say a few words after their confirmation, just so I knew that they couldn't back out beforehand. But you do have a copy of their information. Both of them will bring a unique set of skill sets to the Commission. We are excited to have both of them join the -- the Commission team and I would entertain any questions. Bird: Hearing none, Madam Mayor, I move we approve Resolution No. 15-1045, the appointment of Ryan Fitzgerald to Seat 1 and Gregory Wilson to Seat 4 of the Meridian Planning and Zoning Commission. Milam: Second. De Weerd: I have a motion and a second to approve the resolution in front of you. Any discussion? Madam Clerk, will you call roll Roll Call: Bird, yea; Rountree, absent; Zaremba, absent; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. De Weerd: I'd like to introduce you first to Ryan Fitzgerald. Would you like to make a few comments? Meridian City Council January 20, 2015 Page 5 of 12 Fitzgerald: Madam Mayor and Members of the Council, it's a pleasure to have an opportunity to serve the city. I thank you for I guess trusting in me that we can help I guess polish the truth before it gets to you, so I appreciate the opportunity and I look forward to serving. De Weerd: Well, as you saw from the information, Ryan has not only -- he lives here, but he has his business here. He's got extensive work with governmental entities, as well as working with the public, so we look forward to bringing your expertise and joining it with the other three commission members that are currently serving. Fitzgerald: Thank you, Madam Mayor. De Weerd: Thanks for your interest. Fitzgerald: Thank you. Appreciate it. De Weerd: Thank you. And I also would like to introduce you to Gregory Wilson. Greg. To Seat No. 4. Wilson: Mayor and Council, my name is Greg Wilson. I have lived in Meridian for three and a half years now. I have an 11 month old that is our daughter, I'm kind of wearing out right now, so -- I didn't get much sleep in the night before theP&Z committee -- or commission meeting. Bottom line I believe republican government is strong because of the strength of local and state government. This requires participation. That's a principle that I strongly hold and now I'm practicing what I preach by serving on the P&Z Commission. Thank you. De Weerd: Thank you, Greg. And I, too, look forward to serving with you. Greg has great interest in the Rail With Trail and in economic development. Certainly as you have seen from who he works for, economic development is certainly a passion in that office and we look forward to you bringing that strength to our Commission as well. So, thank you both for being here. You do not have to stay the entire length of the City Council meeting and, fortunately, you picked the right meeting, because it's going to be a very short one. Item 8: Action Items A. Public Hearing: TEC 14-007 Baraya Subdivision by Matt Schultz Located 3935 W. Franklin Road and S. Black Cat Road Request: Two (2) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineer's Signature on the Final Plat De Weerd: Item No. 8-A is under Action Items. Public hearing TEC 14-007. 1 will open this public hearing with staff comments. Meridian City Council January 20, 2015 Page 6 of 12 Hood: Thank you, Madam Mayor, Members of the Council. I am going to be presenting this item tonight for Sonya Watters. Before you is a preliminary plat time extension for the Baraya Subdivision. In 2007 the property, about 87 acres, located on the south side of Franklin and over to Black Cat, as you can see on this vicinity zoning map. To break down the zoning, there are 65 acres of the R-8 zone and R-15, which include the preliminary plat approval of 334 single family lots. There are two multi -family lots that have been bisected by the future roadway, which is represented by this dashed line and one school lot on 15 acres. So, again, 13 acres in the R-40, 65 acres, majority of the project, and, then, a 15 acre -- or excuse me. Yeah. Fifteen acre school site. This is the fourth time extension for this project. A new final plat was approved for phase one in 2014, so just this last year, and I'm not going to try and make this two minute item 20 minutes, but there was a last minute thing that came up. You may recall that the city's sewer main runs through this property. Basically parallels the Purdum Drain on the west side. We thought that this project would have been constructed before now, but there are sewer manholes that are hanging out in the middle of this field right now, so Public Works has requested that a condition be added to the approval of this project tonight that a 12 foot wide gravel access road be placed over the existing sewer line if the roadway isn't constructed by September 15th of this year. So, aside from that, which is new to the applicant, we did speak a little bit before here, but the applicant was in agreement with the staff report that you have before you, but staff would request an amendment to that staff report and include a condition that I just read into the record and I can repeat again if need be, but that's, essentially, the request for a 14 foot side gravel access road over the existing sewer line if the road doesn't exist by September 15th. So, with that, Madam Mayor, Members of the Council, I will stand for any questions you may have. De Weerd: Thank you, Caleb. Any questions for staff? Bird: I have none. De Weerd: Okay. Would the applicant like to make comment? Good evening. If you will, please, state your name and address for the record. Schultz: Good evening, Mayor and Council. Matt Schultz. 8421 South Ten Mile in Meridian. Here on behalf of the applicant. De Weerd: Thank you. Schultz: I must say I have never done a fourth time extension before, so I'm in new territory here. Hope this is the last one. Don't want to come back in two years. I'm hoping to build it this next year, because that's how I -- I'm a project management consultant working for the owner and we -- as Caleb mentioned, we did get a new final plat approved this last year. We moved the phase one over to where the sewer line would fit through back in 2007, 1 believe, and plans are approved. We ran them through your staff and ACHD's staff here in the last nine to 12 months. Ready to go in the construction if we wanted to tomorrow. Hoping it goes into construction this summer. In Meridian City Council January 20, 2015 Page 7 of 12 that time frame since the last time extension ACHD also has -- we always knew they were going to widen Franklin between Ten Mile and Black Cat, but they wanted to widen it a little bit more here recently to handle the drainage a little bit differently and have a little bit bigger detached sidewalk buffer or do something a little bit different. They came back to my clients, said we would like to purchase more right of way and, you know, which is good if they want to purchase it and they paid a fair price and -- but we were more concerned about wiping out a whole row of lots potentially, which, fortunately, it did not. It did get a little tight by a couple feet, but we were able to fit it all in there and still not blow up this final -- this preliminary plat, so to speak. It still works. We still think it's a good plan for one that was approved back in 2007 as part of the original Ten Mile interchange specific plan. We were kind of the front edge of that and so having some semblance of density was important in this area and master planned collector road, some pathways and things like that. So, it did blend in with the neighboring properties very well and so we still believe it's a good plan today and with this new condition that was brought up I kind of mentioned to Public Works, you know, hey, maybe you guys should have just built the road back seven years ago, we wouldn't have complained, and for whatever reason I got missed and I will take it back to my owner that, okay, we got to have a road built by -- by this year in consideration for your generous approval of the time extension, so -- but we would like to get moving and not build that road, because it's kind of a throw away if we build it, because we are just going to build on top of it, so I'm hoping we just don't need to build it, we are just going to have a subdivision and I will provide the access for the manholes. That's my vote. So, hopefully, you can move us along and, hopefully, I'm not back in -- would that be 2017? That would be bad. So, I hope I'm not back in 2017. Thanks. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: You're publicly stating that you will have a 14 foot wide gravel roadway over the existing sewer if you don't have a road in before September 15th, 2015? Schultz: That was the condition given to me. So, yes, we will go on the record. Bird: You're publicly stating -- okay. That's all I ask. Schultz: All right. De Weerd: Okay. Any other questions for Mr. Schultz? Thank you. All right. I did have someone that signed up on the public hearing sheet, Andrew Kaddas. Kaddas. Would you like to provide testimony? You did sign up as neutral to this. You would need to come forward. Thank you. If you will, please, state your name and address for the record. Kaddas: Andrew Kaddas. 935 South Black Cat Road. Meridian City Council January 20, 2015 Page 8 of 12 De Weerd: Thank you. Kaddas: So, we are just across Black Cat from where this is going in. Just showing up for some information, see what's going to happen with the rest of the zoning. Is anything else going to be changing or how is that going to impact our house? De Weerd: Okay. And maybe you will have an opportunity to talk with the applicant after the meeting. Kaddas: Okay. De Weerd: Okay? Kaddas: Thanks. De Weerd: Thank you for being here. Is there anyone else who would like to provide testimony on this item? Okay. Mr. Schultz, anything further? Okay. Council, any further questions for staff? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Caleb, is the -- is the condition that -- the September 15th deadline, the roadway is in, or the gravel 14 foot is in? Hood: Madam Mayor, Councilman Borton, I'm going to defer to Clint, but I think that's the intent, one or the other. It has to be drivable by the 15th. Dolsby: Madam Mayor and Councilman Borton, yes, that's correct. Borton: Okay. De Weerd: Okay. Anything further? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Seeing nothing further, I move we close the public hearing on TEC 14-007. Milam: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8-A. All those in favor say aye. All ayes. Motion carried. Meridian City Council January 20, 2015 Page 9 of 12 MOTION CARRIED: FOURTH AYES. TWO ABSENT. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve TEC 14-007 w includes the applicant having a 14 foot wide permanent road is not in by September 15th, Milam: Second. s presented by staff and applicant, which gravel roadway over existing sewer line if a 2015. De Weerd: I have a motion and a second to approve Item 8-A with the conditions as stated. Madam Clerk, will you call roll Roll Call: Bird, yea; Rountree, absent; Zaremba, absent; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. Item 9: Continued Department Reports A. Legal/Fire: Memorandum of Understanding to Amend Current Collective Bargaining Agreement Appendix A to Correct the Promotion Pay for the Grandfathered Positions in the Current Agreement De Weerd: Item 9-A is Department Report under Legal and Fire. I see that Chief Amenn is here, as well as our city attorney Mr. Nary. I will turn this over to you. Nary: Yes. Madam Mayor, Members of the Council. So, as always when making sausage, no matter how many people are involved with it or read it, sometimes there is a discrepancy that we don't catch until later and this is a very minor catch, but it is important and so there is an MOU in your packet that's the agreement between the city and the union in regards to some pay requirements, that we had agreed to that had some conflicting language in different portions of the existing contract. So, we wanted to make it clear so that we didn't have to revisit the issue later of what was intended, which was, again, what was intended from the outset of the agreement and, basically, what has happened is in this agreement that it went into place in October, we changed when the effective dates of hire -- or when the probation -- excuse me. When the probationary period begins for new hired firefighters. Previously it went from the date of hire. Now under the new contract their probationary period begins when they have completed the academy. So, it was unclear in the -- in the new appendix that we intended to separate the existing firefighters who were still under the old agreement and Meridian City Council January 20, 2015 Page 10 of 12 that they would -- that their dates of probationary period and when they are eligible for their increases in pay for their first three years of employment, that those remain the same and that the only -- the new folks hired after our October 1 would, then, be under the new system where their -- both their probationary period and their eligible dates for pay increases went into effect. So, it wasn't clear. It had some discrepancy. We were concerned that it would become a problem over the life of the contract for both this one and for future contracts for just that group of employees. I think -- I don't have the number in front of me, but it was about a dozen people and so we thought it was better to just clarify it up front when everybody was clear that was what was intended and so this MOU in front of you has been agreed to by the fire union. They do believe it clarifies the concern that the existing employees were still under the prior system that their probationary period and their eligible increase periods were based on their hire date versus their completion of their fire academy. So, I don't have anything else, unless Chief Amenn has something, but that's the intent and that's the -- and that's what the language is in front of you. De Weerd: Thank you, Mr. Nary. Mr. Amenn -- or Chief Amenn Amenn: The main issue is the -- the same language within about four different articles was in the contract and this time we tried to clean that up and narrow it all down to one and we missed -- basically missed one area and so we cleaned up three of them and missed one. So, this is consistent with the rest of the contract based on the way we are budgeted for wages it will be a budget neutral item. De Weerd: Thank you. Council, any questions? Hearing none, we do need action. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I guess I will take care of it. I move that we approve the memorandum of understanding to amend the current collective bargaining agreement Appendix A as explained by the attorney and for the Mayor to sign and the Clerk to attest once the union signs it. Thank you. Milam: Second De Weerd: I have a motion and a second. Any discussion? Hearing none, Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, absent; Zaremba, absent; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. Meridian City Council January 20, 2015 Page 11 of 12 Item 10: Future Meeting Topics De Weerd: Council, any topics for future meeting agendas? Item 11: Executive Session Per Idaho State Code 67-2345 (1)(0: (f) To Consider and Advise Its Legal Representatives in Pending Litigation De Weerd: Okay. Hearing none, Item 11 is Executive Session. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(f). Cavener: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, absent; Zaremba, absent; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. EXECUTIVE SESSION: (6:25 p.m. to 7:22 p.m.) De Weerd: I would entertain a motion to come out of Executive Session. Bird: So moved. Cavener: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: FOUR AYES. TWO ABSENT. De Weerd: Do I have a motion to adjourn? Bird: So moved. Cavener: Second. Milam: Second. Meridian City Council January 20, 2015 Page 12 of 12 De Weerd: All those in favor? MOTION CARRIED: FOUR AYES. TWO ABSENT. MEETING ADJOURNED AT 7:22 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR WEERD DATE APPROVED rr-� ATTEST.� ,E SEA 9T b\6 P Changes to Agenda: None Item #8: Baraya Subdivision (TEC -14.007) Application(s): ➢ Time Extension (Preliminary Plat) Size of property, existing zoning, and location: This site consists of 87+/- acres of land, is currently zoned R-8, R-15 & R-40, and is located at 3935 W. Franklin Road & 280 S. Black Cat Road. History: • In 2007, this property received the following approvals: ➢ Annexation & zoning with a DA; and a preliminary plat consisting of118 single-family residential building lots on 26.41 acres of land in the R-8 zoning district, 216 single-family residential building lots on 38.26 acres & 1 school lot on 14.98 acres in the R-15 zoning district, and 2 multi -family residential building lots on 13.01 acres in the R40 zoning district & 30 common lots. ➢ Final plats for Phases 1 & 2 (neither of which have been signed by the City Engineer) • Time extensions on the preliminary plat were obtained in 2009, 2011, and 2013. • In 2014, a new final plat for Phase 1 was approved consisting of 47 building lots & 3 common lots on 11.05 acres of land in the R-8 & R-15 zoning districts. Summary of Request: The applicant requests a 2 year time extension on the preliminary plat to obtain the City Engineer's signature on a final plat. This is the 4(h time extension requested for this project. Since the last extension, the applicant's narrative states they've coordinated with ACHD on updated Franklin Road widening plans and obtained approval of a new phase I final plat in 2014. Phase I is scheduled for construction in 2015 provided the market conditions continue to improve in the area. Outstanding Issue(s) for City Council: None Written Testimony since Commission Hearing: Matt Schultz, Applicant's Representative (in agreement w/staff report) Staff Recommendation: Approval w/no new conditions Notes: Meridian City Council Meeting DATE: January 20, 2015 ITEM NUMBER: 5A PROJECT NUMBER: FP 14-044 ITEM TITLE: IRVINE NO. 2 FP 14-044 Irvine No. 2 by Trilogy Idaho Located Southeast Corner of W. Chinden Boulevard and N. Ten Mile Road Request: Final Plat Approval Consisting of Forty (4) Single -Family Residential Building Lots and Six (6) Common Lots on Approximately 12.41 Acres in an R-8 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO -AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: January 20, 2015 ITEM NUMBER: 5B PROJECT NUMBER: FP 14-045 ITEM TITLE: HILL'S CENTURY FARM SUBDIVISION NO. 1 FP 14-045 Hill's Century Farm Subdivision No. 1 by Brighton Investments, LLC Located 5340 S. Eagle Road Request: Final Plat Approval Consisting of Eighty (80) Buildable Lots and Eight (8) Common/Other Lots on 28.38 Acres of Land in the R-8 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: January 20, 2015 ITEM NUMBER: 5C PROJECT NUMBER: ITEM TITLE: TEMPORARY LICENSE AGREEMENT Temporary License Agreement Between the Ada County Highway District and the City of Meridian Regarding the Storey Park Dog Park Development MEETING NOTES LMj Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: January 20, 2015 ITEM NUMBER: 5D PROJECT NUMBER: ITEM TITLE: AWARD OF BID AND APPROVAL OF AGREEMENT Award of Bid and Approval of Agreement to Titan Technologies, Inc. for the "WATERLINE EXTENSION - LOCUST GROVE, BLACKROCK TO REFLECTION RIDGE" project for a Not -To -Exceed amount of $393,114.38 MEETING NOTES iii Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT - NOTES - INITIALS Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Dean Stacey Date: 01/13/2015 Re- January 20th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the January 20'" City Council Consent Agenda for Council's consideration. vvr , "^r uvvrvry - wvu j vnwv", urn rxn RIDGE" project for a Not -To -Exceed amount of $393.114.38. Recommended Council Action: Award of Bid and Approval of Agreement to Titan Technologies, Inc. for the Not -To -Exceed amount of $393,114.38. Thank you for your consideration. 0 Page 1 Date: 1/9/2015 Fund: 60 Department: Construction: x CITY OF MERIDIAN CONTRACT/AGENDA REQUEST CHECKLIST REQUESTING DEPARTMENT PUBLIC WORKS 3490 GL Account: 96140 Project # Task Order: Project Name: WATERLINE EXTENSION - LOCUST GROVE, BLACKROCK TO REFLECTION RIDGE Project Manager: Dean Stacey Department Representative: n/a Contractor/Consultant/Design Engineer: Titan Technologies /1UB Budget Available (Attach Report): Yes Contract Amount: $393,114.38 Will the project cross fiscal years? Yes No X Budget Information: FY Budget: 15 Enhancement#: Grant#: Other: Type of Grant: CONTRACT CHECKLIST BASIS OF AWARD Low Bidder X Highest Rated Master Agreement (Bid Results Attached) Yes (Ratings Attached) (Category) Typical Award Yes X No If no please state circumstances and conclusion: SO Day Waiting Period Complete: Yes PW License# PWC -C-15853 Corporation Status Insurance Certificates Received (Date): Payment and Performance Bonds Received (Date): Builders Risk Ins. Req'd: Yes No _ (Only applicabale for projects above $1,000,000) Current? (attach print out) Goodstanding Date Award Posted: January 8, 2015 Yes Rating: Rating: If yes, has policy been purchased? Date Submitted to Clerk for Agenda: Approved by Council Issue Purchase Order No. Date Issued: WI -15 submitted Issue Notice of Award: Date: NTP Date: (Only for non Public Works Project) 10494.0 AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES WATERLINE EXTENSION — LOCUST GROVE, BLACKROCK TO REFLECTION RIDGE PROJECT # 10494.0 THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made this 20T" day of January, 2015, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Titan Technologies, Inc., hereinafter referred to as "CONTRACTOR", whose business address is 5717 Albatros Street, Boise, ID 83705 and whose Public Works Contractor License # is PWC -C-15853. INTRODUCTION Whereas, the City has a need for services involving a Waterline Extension; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, WATERLINE EXTENSION — LOCUST GROVE, BLACKROCK TO REFLECTION RIDGE page 1 of 12 Project 10494.0 state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor underthis Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request underthis Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Not -To -Exceed basis as provided in Attachment B 'Payment Schedule" attached hereto and by reference made a part hereof for the Not -To -Exceed amount of $393,114.38. 2.2 The Contractor shall provide the City with a monthly statement and supporting invoices, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) or unless sooner terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some other method or time of termination is listed in Attachment A. WATERLINE EXTENSION — LOCUST GROVE, BLACKROCK TO REFLECTION RIDGE page 2 of 12 Project 10494.0 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Attachment B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Contractor shall have until March 15, 2015 to complete the irrigation crossing at Amity / Locust Grove. Contractor shall be liable to the City for any delay beyond this time period in the amount of $500.00 (five hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. Substantial Completion shall be accomplished within 60 (sixty) calendar days from Notice to Proceed. This project shall be considered Substantially Complete when the Owner has full and unrestricted use and benefit of the facilities, both from an operational and safety standpoint, and only minor incidental work, corrections or repairs remain for the physical completion of the total contract. Contractor shall be liable to the City for any delay beyond this time period in the amount of $500.00 (five hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. Upon receipt of a Notice to Proceed, the Contractor shall have 90(ninety) calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of $500.00 (five hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. See Milestones listed below for Substantial Completion. 4. Termination: 4.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective WATERLINE EXTENSION — LOCUST GROVE, BLACKROCK TO REFLECTION RIDGE page 3 of 12 Project 10494.0 date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 4.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 6. Indemnification and Insurance: 6.1 CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, WATERLINE EXTENSION — LOCUST GROVE, BLACKROCK TO REFLECTION RIDGE page 4 of 12 Project 10494.0 employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractors officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6.3 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City orthe City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 6.4 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.5 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. WATERLINE EXTENSION — LOCUST GROVE, BLACKROCK TO REFLECTION RIDGE page 5 of 12 Project 10494.0 6.6 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. 8. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. 9. Meridian Stormwater Specifications: All construction projects require either a Storm Water Pollution Prevention Plan (SWPPP) or an erosion sediment control plan (ESCP) as specified in the City of Meridian Construction Stormwater Management Program (CSWMP) manual. The CSWMP manual containing the procedures and guidelines can be found at this address: hftp://www.meridiancity.org/environmental.aspx?id=l 3618. 10. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY CONTRACTOR City of Meridian Titan Technologies, Inc. Purchasing Manager Attn: Cliff Cox 33 E Broadway Ave 5717 Albatros Street Meridian, ID 83642 Boise, ID 83705 208-888-4433 Phone: 208-336-8748 Email: cicox2211 @msn.com Idaho Public Works License # PWC -C-15853 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 11. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. WATERLINE EXTENSION — LOCUST GROVE, BLACKROCK TO REFLECTION RIDGE page 6 of 12 Project 10494.0 12. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 13. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 14. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 15. Reports and Information: 15.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 15.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 16. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 17. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 18. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. WATERLINE EXTENSION — LOCUST GROVE, BLACKROCK TO REFLECTION RIDGE page 7 of 12 Project 10494.0 19. ACHD: Contractor shall be responsible for coordinating with the City to obtain appropriate ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs due to Contractor's violation of any ACHD policy. City shall certify to ACHD that Contractor is authorized to obtain a Temporary Highway and Right -of -Way Use Permit from ACHD on City's behalf. The parties acknowledge and agree that the scope of the agency granted by such certification is limited to, and conterminous with, the term and scope of this Agreement. 20. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 21. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 22. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 23. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 24. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 25. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 26. Public Records Act: Pursuant to Idaho Code Section 9-335, et seq., information or documents received from the Contractor may be open to public inspection and copying unless exempt from disclosure. The Contractor shall clearly designate individual documents as "exempt" on each page of such documents and shall indicate the basis for such exemption. The CITY will not accept the marking of an entire document as exempt. In addition, the CITY will not accept a legend or statement on one (1) page that all, or substantially all, of the document is exempt from disclosure. The Contractor shall indemnify and defend the CITY against all liability, claims, damages, losses, expenses, actions, attorney fees and suits whatsoever for honoring such a designation or for the Contractor's failure to designate individual documents as exempt. The Contractor's failure to designate as exempt any document or portion of a document that is released by the CITY shall WATERLINE EXTENSION — LOCUST GROVE, BLACKROCK TO REFLECTION RIDGE page 8 of 12 Project 10494.0 constitute a complete waiver of any and all claims for damages caused by any such release. 27. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 28. Approval Required: This Agreement shall not become effective or bindi' g until approved by the City of Meridian. CITY OF MERIDIAN BY: TAMMY de D, MA OR Dated: /- 20 -/S �A... Approved by CITY CLERK Purchasing Appro al BY: / KEITH WATTS, Purchasi anager Dated:: Yy -Z// S TITAN TECHNOLOGIES, INC. BY: ZD A U< u �'sr Jif\ NANt- SIVIL reg me ash, WATERLINE EXTENSION — LOCUST GROVE, BLACKROCK TO REFLECTION RIDGE page 9 of 12j Project 10494.0 Attachment A SCOPE OF WORK REFER TO INVITATION TO BID PW -15-10494.0 ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW -15-10494.C, are by this reference made a part hereof. WATERLINE EXTENSION - LOCUST GROVE, BLACKROCK TO REFLECTION RIDGE page 10 of 12 Project 10494.0 Attachment B MILESTONE I PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $393,114.38. Milestone 1 Irrigation Crossing March 15, 2015 Milestone 2 Substantial Completion 60 (sixty) days Milestone 3 Final Completion 90 (ninety) days Contract includes furnishing all labor, materials, equipment, and incidentals as required for the WATERLINE EXTENSION — LOCUST GROVE, BLACKROCK TO REFLECTION RIDGE per IFB PW -15-10494.0 CONTRACT TOTAL ....................... $393.114.38 CONTRACT IS A NOT TO EXCEED AMOUNT. LINE ITEM PRICING BELOW WILL BE USED FOR INVOICE VERIFICATION AND ANY ADDITIONAL INCREASES OR DECREASES IN WORK REQUESTED BY CITY. Item No. Description Unit Unit Price 303.4.1.C.1 Exploratory Excavation EA $240.70 307.4.1.A.3 Miscellaneous Surface Restoration Sod SY $.01 307.4.1.G.1 Type P-1 Surface Restoration (Asphalt Roadway SY $26.20 307.4.1.G.1 Type P-2 Surface Restoration (Asphalt Roadway and Shoulder SY $26.20 307.4.1.G.1 Type P-3 Surface Restoration Asphalt Roadway) SY $26.20 307.4.1.G.1 Type P-4 Surface Restoration (Asphalt Roadway and Shoulder SY $26.20 307.4.1.G.1 Type P-5 Surface Restoration Asphalt Driveway) SY $26.20 401.4.1.A.1 Water Main Pipe - 6" PVC LF $22.60 WATERLINE EXTENSION — LOCUST GROVE, BLACKROCK TO REFLECTION RIDGE page 11 of 12 Project 10494.0 401.4.1.A.1 Water Main Pipe -12" PVC LF $32.80 401.4.1.A.1 Water Main Pipe -16" PVC LF $36.80 401.4.1.C.1 Water Main Sleeve LF $128.50 401.4.1.D.1 Remove Blow -off and Connect to Existing Water Main EA $733.50 402.4.1.A.1 Water Valve - 12" Gate FL x MJ EA $2,374.60 402.4.1.8.1 Blow -off Assembly Eq $2,162.30 403A.I.A.1 Hydrant Eq $4,734.50 601.4.1.8.1 Gravity Irrigation Pipe Crossing EA $888.80 1003.4.1.A.1 Fiber Rolls LF $1.40 1003.4.1.8.1 Biofilter Bags LF $7.40 1003.4.1.C.1 Silt Fence LF $1.90 1006.4.1.C.1 Inlet Protection EA $65.60 1103.4.1.A.1 Construction Traffic Control LS $9,500.00 2010.4.1.A.1 Mobilization LS $15,500.00 2020.4.1.F.1 Reference and Reset Monuments EA $382.00 SP -2142.4.1.A.1 Remove and Replace -Shrub EA $147.3 SP -2142.4.1.6.1 Remove and Reset -Sin EA $60.20 SP -2142.4.1.8.3 Remove and Reset -Fence EA $21.80 SP -2216.4.1.A.1 Storm Water Management LS $4,261.30 Travel expenses, if applicable, will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. WATERLINE EXTENSION — LOCUST GROVE, BLACKROCK TO REFLECTION RIDGE page 12 of 12 Project 10494.0 N H J W w C A 1111111111 �11111111�1 0�00@I10�1111 O�1��0k��111 oo0o�avo�� Jilld eTRAKiT Page 1 of 1 Home I Setup an Account I Log In LOGIN iJ3 REMEMBER ME Forgot Password Permits Apply Search Pay Fees Licenses Search Trade Licenses Search Public Works Inspections Schedule Cancel Elevators Search Elevators Violations Search Shopping Cart Pay All Fees Contact Contact us Public Works Search �D Search Again Download Results Printable View ,First 'P_—i Page: 1 ort lNaxl ]_Lnsl Details - License Number: PWC -C-15853 Registration R: PWC -C-15853 Issue: 8/25/2014 Expire: 9/30/2015 Type: PUBLIC WORKS Sub -Type: AA Status: ACTIVE Company: Titan Technologies, Inc. Phone: (208) 336-8748 Cell: (208) 573-2777 Pager: Fax: (208)863-9531 Owner Name: The Division of Building Safety, makes every egorl to produce and publish Ne most cunenl and accurate Information possible. No wananties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this website indicates understanding and acceptance of this anam pial. 1-800.9553044, 1090 E Wateriower Sl, Build 150 Meridian 1083642 HOME I CONTACT https://web.dbs.idaho.gov/etrakit3/Custom/Idaho_ PublicWorksSearchRslts.aspx 1/9/2015 IDSOS Viewing Business Entity Page 1 of 2 IDAHO SECRETARY OF STATE Viewing Business Entity 0 Lawerence Denney, Secretary of State [ New Search ] [ Back to Summary ] [ Get a certificate of existence for TITAN TECHNOLOGIES, INC. ] [ Monitor TITAN TECHNOLOGIES, INC. business filings ] TITAN TECHNOLOGIES, INC. 5717 W. ALBATROS ST. BOISE, ID 83705 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING, ANREPT SENT 11 Aug 2014 State of Origin: IDAHO Date of 09 Oct 2003 Origination/Authorization: Initial Registered Agent: MARY PAT THOMPSON 3790 S SUNTREE PL BOISE, ID 83706 Organizational ID / Filing C151228 Number: Number of Authorized Stock 250000 Shares: Date of Last Annual Report: 10 Sep 2014 Original Filing: [ Help Me Print/View TIFF ] Filed 09 Oct 2003 INCORPORATION View Image (PDF format) View Image (TIFF format) Annual Reports: Report for year 2014 ANNUAL REPORT Report for year 2013 ANNUAL REPORT Report for year 2012 ANNUAL REPORT Report for year 2011 ANNUAL REPORT Report for year 2010 ANNUAL REPORT Report for year 2009 ANNUAL REPORT Report for year 2008 ANNUAL REPORT Report for year 2007 ANNUAL REPORT Report for year 2006 ANNUAL REPORT Report for year 2005 ANNUAL REPORT Report for year 2004 ANNUAL [ Help Me Print/View TIFF ] View Document Online View Document Online View Document Online View Document Online View Document Online View Document Online View Imaae (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View http://www.accessidaho.org/public/sos/corp/Cl51228.html 1/9/2015 City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Keith - Unposted Transactions Included In Report 3490 - Water Construction Projects 60 - Enterprise Fund From 10/1/2014 Through 9/30/2015 Date: 1/13/15 12:17:59 PM page: 1 Capital Outlay 96140 WATERLINE EXTENSIONS 10198 Ustick Rd, Locust Grove to Percent Leslie Way Util Imprvmnto 10369.b Franklin - Black Cat to Current Year Ten Mile Sewer and Water Improvement 10374 ACHD Ten Mile Road -Cherry to Ustick Utility Remaining Imprvmnts Design 10374a ACHD Ten Mile Road -Cherry to Ustick Utility Imprvmnts-Constr 10494 Locust Grove Waterline, Black Rock to Reflection Ridge 10494.a Locust Grove Waterline Ext, Blackrock to Reflection Ridge De Carr... Carryforward Total Capital Outlay TOTAL EXPENDITURES Date: 1/13/15 12:17:59 PM page: 1 Percent of Budget with Current Year Budget Budget Amendments Actual Remaining Remaining 500,000.04 0.00 500,000.04 100.00% 0.00 17,023.78 (17,023.78) 0.0096 0.00 29,971.00 (29,971.00) 0.00% 0.00 4,225.00 (4,225.00) 0.00% 0.00 89,333.94 (89,333.94) 0.00% 0.00 825.00 (825.00) 0.00% 0.00 59,026.70 (59,026.70) 0.00% 451,500.00 0.00 451.500 00 100.00% 951,500.04 200,405.42 751,094.62 78.94% 951,500.04 200,405.42 751,094.62 78.94% Date: 1/13/15 12:17:59 PM page: 1 Meridian City Council Meeting DATE: January 20, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: LICENSE AGREEMENT License Agreement Between the Nampa -Meridian Irrigation District and the City of Meridian Regarding the Nine Mile Drain at the Storey Park Dog Park MEETING NOTES Lzj t 4 ei' U v Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: January 20, 2015 ITEM NUMBER: 5F PROJECT NUMBER: ITEM TITLE: ACCEPTANCE AGREEMENTS F. Acceptance Agreements for Display of Artwork in Initial Point Gallery, Meridian Hall: 1. George Manlove, January 30 to February 27, 2015 2. Lily M. Lee, January 30 to February 27, 2015 3. Lauren Johnson, April 3 to May 1, 2015 4. Joyce Green, May 1 to May 29, 2015 5. Community Center Art Group, May 29 to July 3, 2015 b. Stephanie Beck, July 3 to July 31, 2015 7. Adam Reynolds, July 3 to July 31, 2015 8. Boise Open Studios Collective Organization, July 31 to August 28, 2015 9. Mark Rezanoff, August 28 to October 2, 2015 10. John Sepfien, August 28 to October 2, 2015 11. Lori K. Seale, October 2 to October 30, 2015 12. Bonnie Peacher, October 30 to December 4, 2015 MEETING NOTES drd qy,��f i Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: NOTES INITIALS ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the 20th day of January, 2015 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and George Manlove, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of 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"); WHEREAS, in response to the Call to Artists, Artist did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal"), for the display of artwork in Initial Point Gallery; WHEREAS, on November 6, 2014, the Meridian Arts Commission ("Commission") reviewed the responses to the Call to Artists, selected Artist's work for display based on the Proposal, and recommended to the Meridian City Council that Artist's artwork, as depicted in the Proposal, be displayed in Initial Point Gallery; WHEREAS, at its regular meeting on December 2, 2014, the Meridian City Council adopted such recommendation and directed the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian City Hall 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 Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, 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: I. SCOPE OF SERVICES. Artist shall personally deliver to Initial Point Gallery, on January 30, 2015, at such time as is specified by the Gallery Curator, artwork which shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Artist shall be responsible for hanging such artwork on January 30, 2015 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from January 30, 2015 through February 26, 2015, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on February 27, 2015, at such time as is specified by the Gallery Curator. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE I II. COMPENSATION AND SALE OF ARTWORK A. No compensation. 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. B. Sale of artwork. 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. III. TIME OF PERFORMANCE. 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. INSTALLATION. A. Coordination with Curator. 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. Artist shall be responsible for contacting the Gallery Curator between December 15, 2014 and December 31, 2014 to confirm details regarding the installation, removal, publicity, and promotion of the exhibit. Artist's failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. 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, and the Application and Acknowledgements Form attached hereto in Exhibit B, as well as to ensure that such artwork 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 does not meet the criteria set forth in Exhibits A and B, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B, 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 ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 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. V. DISPLAY. A. Original artwork. 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. B. Photographs of artwork. 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. Use of Artist's name. 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. D. Use of City's name. 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 Chief of Staff. E. Removal of artwork 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 (48) 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 may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. 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. G. Simultaneous display. 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 be determined by the Gallery Curator. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 3 VI. INDEMNIFICATION, WAIVER AND INSURANCE. 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 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. B. Waiver. 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 may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist's responsibility. 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 all necessary insurance as may be 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. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with or is in default of 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 providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without 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 4 C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non -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. GENERAL PROVISIONS. A. Relationship of Parties. 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. Both 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. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non -Discrimination. 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. D. Entire agreement. 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. Agreement governed by Idaho 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. F. Cumulative rights and remedies. 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 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 competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors 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 ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE expertise. All 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. I. Notice. 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: Artist: City George Manlove Emily Kane 1833 N. Monterossa Way Deputy City Attorney Eagle ID 83616 33 E. Broadway Ave. Meridian ID 83642 Either party may change its respective mailing address 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 WBEREOF, the parties hereto have executed this Agreement on this 20th day of January, 2015. ARTIST: George Manlov CITY OF MERIDIAN: BY: Tammy de e d Attest: AL' ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY rs L� rw City of 9 P.r�' Cr AT w J cpyTF PV iT �nie'�nt�..�✓ PAGE 6 Exhibit A Meridian I Commission Call for Artists: 2015 INITIAL 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 2015 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 sates 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 and invitees may reapply biennially and if selected again, 75% of the display must be artwork that has not been previously displayed in Initial Point Gallery. Small, informal groups of 2-4 artists are encouraged to propose an exhibition including all artists' work. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2015 Initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. • Completed, signed Application & Acknowledgements form; • Letter of intent, including biography of the artist(s) or informational statement regarding organization; • 250 -word informational paragraph about the artist or organization (for use in gallery publicity if selected); 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 will not be returned. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, October 24, 2014. SELECTION PROCESS: The selection of art for the 2015 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 and four enclosed pedestals for 3D art; • 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: Meridian Arts Commission Attn: Emily Kane 33 East Broadway Avenue Meridian ID 83642 By e-mail: mac@meridiancity.org Exhibit B MeridiatX/CC ommission Application £r Acknowledgments: 2015 INITIAL POINT GALLERY SERIES APPLICANT CONTACT INFORMATION Check one: ,IV I am submitting this application as an individual. ❑ 1 am submitting this application for this organization: . ❑ 1 am submitting this application for an informal group: Applicant: ^ g L, Mau 1 0 v Z Applicant E -mail -M Sr ¢ o� 14.�d�.. Mailing Address: R 8 3 n/ . o f f -Ir a s ca (x1, Physical Address: Sa_14-e_ Applicant Phone: Day: Evening: Cell: APPLICATION OVERVIEW: Check all that apply: Iii/we propose 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. ❑ Uwe propose to fill 01 02 03 04 of the display cases with 3D artwork Number of 2D pieces: 16- Average size of 2D pieces: /G, k Z. (14" Number of 3D pieces: Average size of 3D pieces: Proposed title or theme of show: Int^o O 6w2 W o�2�cQ I( r'— n' V APPLICATION MATERIALS: Com" Pf Completed, signed Application Et Acknowledgements Form. (Informal groups: each artist must sign separate form.) R Biography of artist or informational statement regarding organization, no longer than one 81/2 x 11" page; IX A letter of intent, describing: a. Artist/Organization/Group's vision for and/or 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 Artist/Organization/Group plans to undertake if selected; and/or d. Any atypical issues or challenges regarding hanging or display of the works proposed for display. 1$j Up to five digital images of work representational of the artist's/organization/group's work on a CD, resolution of 300 dpi at a minimum size of 5xT1, in .jpg format. Please name each image file with organization name or artist's last name and the title of the work (e.g.: name.titte.jpg). Materials submitted will not be returned. Damaged or non-compliant CDs and/or images will not be considered. Images will not be accepted via e-mail. Ed $35 gallery maintenance fee, check made payable to the Meridian Arts Commission. This fee is nonrefundable. DISPLAY INFORMATION: 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 (fig. 1) on the side rails on the back of the frame (fig. 2). The inside of each D ring must allow a space of at least one-quarter inch (1/4") for insertion of the hooks; any wire constricting this space must be removed. The D rings should be approximately a quarter 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 (fig. 3), for displaying three-dimensional artwork. 21 -10 10/ F ! / E N FIG. 2. BACK OF FRAME FIG. 3. 3D ART DISPLAY CASES ACKNOWLEDGMENTS: I,%es I/'cl...e, L. �NUia Ve. , hereby acknowledge the following stipulations and agree that if this proposal is selected for display at Initial Point Gallery, such display shalt occur subject to these general terms and conditions, as well as subject to other specific terms and conditions that shall be set forth in a separate, written Acceptance Agreement between myself and the City of Meridian. I specifically acknowledge that: I 4A. Before my work will be displayed in Initial Point Gallery, I will be required to enter into an Acceptance ITLI ITUL Agreement with the City of Meridian establishing the specific terms and conditions of the display of the particular works displayed. 6L�k B. If is for display my work selected in Initial Point Gallery, the City of Meridian and its agents will INITIAL exercise professional care in handling and securing all artwork displayed in Initial Point Gallery, but cannot and will not assume liability for any loss or damage. C. Any insurance of the artwork displayed in Initial Point Gallery shall be the sole responsibility of the INITIAL artist, The City of Meridian shall not provide insurance to cover toss, theft, or damage of artwork displayed in Initial Point Gallery. D. While artwork displayed in Initial Point Gallery may be passively offered for sale by means of an INITIAL informational table, board, or handout as provided or allowed by the City of Meridian, no piece displayed in Initial Point Gallery may have a visible price tag, E. White it is intended that ILLL each exhibit in Initial Point Gallery will be displayed for a one- to two-month INITIAL period, this period may be shortened by the City of Meridian for any reason, without notice to the artist or organization. F. The City display the may work of more than one artist or organization in Initial Point Gallery at any time, at the City's sole discretion. G. Artwork submitted for display in Initial Point Gallery must be original works conceived and created I by the artist (or by artist members of the organization) submitting this application. INNITIAL AL H. Meridian City Hall is primarily a place of public business and Initial Point Gallery is a public place. The INITIAL City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that City Halt 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 for 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. Signature: �• Print name: G eoq e Date: iD - 23 - z0 Lz= To propose an exhibition in Initial Point Gallery, please submit this form, completed in full, with the required materials and fee, via U.S. mail, to: Meridian Arts Commission Attn: Emily Kane 33 East Broadway Avenue Meridian ID 83642 Thank you for your interest! MeridiatnCo mmission ESCAPE ON EARTH FINE ART PHOTOGRAPHY Meridian Arts Commission Letter of Intent George Leslie Manlove, Photographic Artist Thank you for the opportunity to submit this proposal to exhibit my two- dimensional fine art photography as part of the Meridian Arts Commission 2015 Initial Point Gallery Series. My artistic passion is to capture Mother Nature's true character and incredible diversity. Burning desert sands, ethereal seascapes and majestic rock formations... Brilliant sunrise, fading sunset and stunning night sky... Silent snowfall and raging summer storms... Each offers an opportunity to create an image that sustains our connection. It is an emotional journey off the beaten path, an escape, if you will. I propose 60 feet of total wall space to hang two-dimensional fine art photography consisting of two unique collections. The Western Collection is a variety of regional majestic landscapes, wildlife and abstract art. The New Zealand Collection is anchored by a beautiful sunrise panorama surrounded by colorful images of the New Zealand south island near Queenstown. All images are printed on either high-quality metallic, or archival quality cotton fine art paper and framed behind glass. The prints are signed by the artist and include a Certificate of Authenticity. A CoA sample is enclosed. Thank you for your consideration, George Lesli Manlove,totographic Artist 1883 N. Monterossa Way • Eagle, Idaho 83616 •435-901-1976 ESCAPE ON EARTH FINE ART PHOTOGRAPHY Meridian Initial Point Gallery 2015 Preliminary Art Pricing and Specifications Valet Parking __....,..._-,.........._......__ .... Metallic paper 20 x 30" $499 Teton Autumn Autumn Snow .-------..— Fine Art paper 20 x 30" $499 Morning Glory Fine Art paper 16 x 20" $379 TBD Metallic paper 16 x 20" $349 7Wo Bulls Fine Art paper 12 x 12" $349 Morning Mist Fine Art paper 15 x 30" $299 Sir Metallic paper 16 x 20" $299 Morning Graze Fine Art paper 16 x 20" $325 is�i�f cr �,.wrr f�f .i`d' rf, ;� n '6k � .r earJY3rw y. > nr ,y fii�,�r rs- i ,✓n � l r'�y',"{,�'CGIIeCtiO„�yyl,�r;".� F ro-'F �"r�/��F� °�ryr'�n'�`„� N� t � �� 't r�'��r'� r �v'�-�✓rs �may.' ,'' t� r=vG.,£s1'U?^t.klii4..t,�4§��>j �R{,:4hi:.zf.`nf9N�; �u.':.if',zf v4Y ?: �l%�v�.U�`4`� rt�'{,ch� }'X.: r_.✓.Lv1�./'�+).�k 4:rv��' i�d}n' Endless Portrait Metallic paper 48 x 24” $1500 Morning Fusion Metallic paper 16 x 24" $399 Fall Sail Fine Art paper 16 x 24" $399 The Barn Metallic paper 16 x 24" $399 Folding Colors Metallic paper 12 x i8" $299 Blooming Skies Fine Art paper 12 x 18" $299 Peaceful Morning Metallic paper 16 x 24" $379 1883 N. Monterossa Way • Eagle, Idaho 83616 •435-901-1976 ESCAPE ON EARTH FINE ART PHOTOGRAPHY George Leslie Manlove, Photographic Artist Escape On Earth Photography (www.esca=nearth com) George Leslie Manlove Artist Statement There is nothing more remarkable to me than the beauty that is found everywhere on this Earth, in nature, and the creatures that inhabit it. This is why I am passionate about capturing Mother Nature's true character and incredible diversity. Burning desert sands and mossy riverbanks... Brilliant sunbeams and fading alpenglow... Silent snowfall and raging summer storms... Each offers an opportunity to create an image that sustains our connection. It is a joy to journey off the beaten path, an escape, if you will. These opportunities are powerful, thus one must have the craft and passion to capture these images to share with others. The reward is the artists' expression through photography, an image that captures the essence of the Earth and all her beauty. George Leslie Manlove Artist Bio Born in San Francisco area, George Leslie Manlove was raised in the Rocky Mountains. He discovered photography at the age of 18. Manlove purchased a Pentax film camera with savings from his newspaper route and began photographing his family and landscapes in the 1980's. Manlove went on to shoot around the world, including projects of the Camino de Santiago in Spain, USA National Parks, historic western homesteads, and a recent work -in -progress of New Zealand's South Island. Photography workshops and seminars have been animportant part of developing his photographic style and craft. Manlove has had the opportunity to learn from accomplished photographers from National Geographic, Time Magazine, Magnum photo, and Washington Post photo editor. 1883 N. Monterossa Way 9 Eagle, Idaho 83616 9 435-901-1976 10 n P i CD m v 10 10 m m O t 'moo N m w A H O 01 Y G O Z> Z m m ESCAPE ON EARTH FINE ART PHOTOGRAPHY Certificate of Authenticity `Jackson Lake Symphony" by George L. Manlove medium: Metallic Paper size: 16" x 24" Created in 2013 This beautiful Milky Way night sky image was captured overlooking Jackson Lake in Wyoming's Grand Teton National Park. The lake, primarily fed by the famous Snake River, is the remnant of large glacial gouging from the majestic Teton Range to the west. Jackson Lake is one of the largest high altitude lakes in the United States, at an elevation of 6,722 ft above sea level. This certifies that "Jackson Lake Symphony" is an authentic digital print, the original of which exists as a digital master file created by George L. Manlove. `Jackson Lake Symphony" © 2013-2014 by George L. Manlove. All rights reserved Escape on Earth Fine Art Photography • escapg@escapeonearth.com • www.tacapeoneartb.com =17,11 ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the 20th day of January, 2015 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Lily M. Lee, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of 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"); WHEREAS, in response to the Call to Artists, Artist did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal"), for the display of artwork in Initial Point Gallery; WHEREAS, on November 6, 2014, the Meridian Arts Commission ("Commission") reviewed the responses to the Call to Artists, selected Artist's work for display based on the Proposal, and recommended to the Meridian City Council that Artist's artwork, as depicted in the Proposal, be displayed in Initial Point Gallery; WHEREAS, at its regular meeting on December 2, 2014, the Meridian City Council adopted such recommendation and directed the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian City Hall 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 Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, 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: I. SCOPE OF SERVICES. Artist shall personally deliver to Initial Point Gallery, on January 30, 2015, at such time as is specified by the Gallery Curator, artwork which shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Artist shall be responsible for hanging such artwork on January 30, 2015 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from January 30, 2015 through February 26, 2015, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on February 27, 2015, at such time as is specified by the Gallery Curator. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 1 II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. 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. B. Sale of artwork. 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. III. TIME OF PERFORMANCE. 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. INSTALLATION. A. Coordination with Curator. 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. Artist shall be responsible for contacting the Gallery Curator between December 15, 2014 and December 31, 2014 to confirm details regarding the installation, removal, publicity, and promotion of the exhibit. Artist's failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. 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, and the Application and Acknowledgements Form attached hereto in Exhibit B, as well as to ensure that such artwork 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 does not meet the criteria set forth in Exhibits A and B, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B, 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 ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 2 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. V. DISPLAY. A. Original artwork. 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. B. Photographs of artwork. 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. Use of Artist's name. 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. D. Use of City's name. 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 Chief of Staff. E. Removal of artwork 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 (48) 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 may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. 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. G. Simultaneous display. 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 be determined by the Gallery Curator. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 3 VI. INDEMNIFICATION WAIVER AND INSURANCE. 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 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. B. Waiver. 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 may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist's responsibility. 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 all necessary insurance as may be 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. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with or is in default of 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 providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without 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 4 C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non -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. GENERAL PROVISIONS. A. Relationship of Parties. 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. Both 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. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non -Discrimination. 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. D. Entire agreement. 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. Agreement governed by Idaho 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. F. Cumulative rights and remedies. 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 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 competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors 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 ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 5 expertise. All 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. I. Notice. 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: Artist: Lily M. Lee 1406 S. Juanita Street Boise ID 83706 City: Emily Kane Deputy City Attorney 33 E. Broadway Ave. Meridian ID 83642 Either party may change its respective mailing address 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 20th day of January, 2015. ARTIST: ily M. Lee CITY OF MERIDIAN: mm s� 2 Attest: City,( Jaycee Hol CityJerk �lA N �.ioeua E//p l CC'�+ree an F�s�e�. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 6 Exhibit A Meridian I Commission Ca(( for Artists: 2015 INITIAL 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 2015 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 and invitees may reapply biennially and if selected again, 75% of the display must be artwork that has not been previously displayed in Initial Point Gallery. Small, informal groups of 2-4 artists are encouraged to propose an exhibition including all artists' work. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2015 Initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. Completed, signed Application £t Acknowledgements form; Letter of intent, including biography of the artist(s) or informational statement regarding organization; 250 -word informational paragraph about the artist or organization (for use in gallery publicity if selected); 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 will not be returned. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, October 24, 2014. SELECTION PROCESS: The selection of art for the 2015 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 witl 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 and four enclosed pedestals for 3D art; • 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: Meridian Arts Commission Attn: Emily Kane 33 East Broadway Avenue Meridian ID 83642 By e-mail: mac@meridiancity.org Exhibit B Meridian Commission Application £t Acknowledgments: 2015 INITIAL POINT GALLERY SERIES APPLICANT CONTACT INFORMATION Check one: ®"1 am submitting this application as an individual. 0 1 am submitting this application for this organization: _ 0 1 am submitting this application for an informal group: Applicant: L i k% M, Le - Applicant E-mail: l; l L P2 �hv; SPcI aEP. �r of Mailing Address: /ki} O�kesioj Physical Address: 37c b Applicant Phone: Day:206-661-531K Evening:_2_c(o-6fW Cell: 2vfn -G6i - APPLICATION OVERVIEW: Check all that apply: K I/we propose to fill one half of Initial Point Gallery with two-dimensional artwork. 0 I/we propose to fill the entire Initial Point Gallery with two-dimensional artwork. 0 I/we propose to fill 01 E12 03 04 of the display cases with 3D artwork Number of 2D pieces: .S Average size of 2D pieces: t}6" l-j:cf�2 Number of 3D pieces: _3 Average size of 3D pieces: 2U" TA if Proposed title or theme of show: APPLICATION MATERIALS: �l 19 Completed, signed Application 8 Acknowledgements Form. (Informal groups: each artist must sign separate form.) ® Biography of artist or informational statement regarding organization, no longer than one 8Yz x 11" page; 0 A letter of intent, describing: a. Artist/Organization/Group's vision for and/or 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 Artist/Organization/Group plans to undertake if selected; and/or d. Any atypical issues or challenges regarding hanging or display of the works proposed for display. .lam Up to five digital images of work representational of the artist's/organization/group's work on a CD, resolution of 300 dpi at a minimum size of 5x7", in .jpg format. Please name each image file with organization name or artist's last name and the title of the work (e.g.: name.title.jpg). Materials submitted will not be returned. Damaged or non-compliant CDs and/or images will not be considered. Images will not be accepted via a -mail. 9 $35 gallery maintenance fee, check made payable to the Meridian Arts Commission. This fee is nonrefundable. DISPLAY INFORMATION: 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 (fig. 1) on the side rails on the back of the frame (fig. 2). The inside of each D ring must allow a space of at least one-quarter inch (Ya") for insertion of the hooks; any wire constricting this space must be removed. The D rings should be approximately a quarter 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 (fig. 3), for displaying three-dimensional artwork. ' I ' 2' r Picture HM1 wir C.bl Two Cables � : �. 3� 3,-d.. FIG. 2. BACK OF FRAME FIG. 3. 3D ART DISPLAY CASES ACKNOWLEDGMENTS: I, (,-i.r M. Lee_ , hereby acknowledge the following stipulations and agree that if this proposal is selected for display at Initial Point Gallery, such display shall occur subject to these general terms and conditions, as wet[ as subject to other specific terms and conditions that shall be set forth in a separate, written Acceptance Agreement between myself and the City of Meridian. I specifically acknowledge that: L L A. Before my work wilt be displayed in Initial Point Gallery, I wilt be required to enter into an Acceptance INITIAL Agreement with the City of Meridian establishing the specific terms and conditions of the display of the particular works displayed. L L B. If my work is selected for display in Initial Point Gallery, the City of Meridian and its agents will INITIAL exercise professional care in handling and securing all artwork displayed in Initial Point Gallery, but cannot and wilt not assume liability for any loss or damage. LL C. Any insurance of the artwork displayed in Initial Point Gallery shall be the sole responsibility of the INITIAL artist. The City of Meridian shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery. LL D. While artwork displayed in Initial Point Gallery may be passively offered for sale by means of an INITIAL informational table, board, or handout as provided or allowed by the City of Meridian, no piece displayed in Initial Point Gallery may have a visible price tag. E. White it is intended that each exhibit in Initial Point Gallery wilt be displayed for a one- to two-month INITIAL period, this period may be shortened by the City of Meridian for any reason, without notice to the artist or organization. LL F. The City may display the work of more than one artist or organization in Initial Point Gallery at any INITIAL time, at the City's sole discretion. LL_ G. Artwork submitted for display in Initial Point Gallery must be original works conceived and created INITIAL by the artist (or by artist members of the organization) submitting this application. H. Meridian City Hatt is primarily a place of public business and Initial Point Gallery is a public place. The INITIAL City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that City Hatt is a place where citizens, employees, and visitors of diverse ages and perspectives feet welcome and comfortable. To this end, only artists and artwork meeting the eligibility standards described in the Call for 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_. Signature: Print name: L. Iv M. Lee Date: To propose an exhibition in Initial Point Gallery, please submit this form, completed in full, with the required materials and fee, via U.S. mail, to: Meridian Arts Commission Attn: Emily Kane 33 East Broadway Avenue Meridian ID 53642 Thank you for your interest! Meridian Commission Application: 2015 Initial Point Gallery Series Lily M. Lee Informational Paragraph Artist Statement I compose my work through an analysis of idiosyncratic details. For me, peculiar connections between seemingly unrelated objects and ideas activate dialogues through which I investigate greater meaning. In the studio I indulge in obsessive material processes such as weaving, metal fabrication, and beadwork. In my current body of work I am investigating the intersection between two linguistic systems: the classification of objects at rest in Dine Bizaad (Navajo), and the word order of rock music subgenres. In both taxonomies individual elements communicate specific physical and aesthetic attributes through amalgamated enclitics. Through this comparison I see the componential organization of information through objective physicality and aestheticism as subverting Western thought based in subjective associations. Each piece is conceptually conceived as an intersection of these linguistic systems, executed in materials ranging from steel and resin sculpture to handwoven textiles. Bio Lily Lee was born and raised in Pullman, Washington where she was strongly influenced by the regional Native culture, particularly beadwork. Lee holds a Bachelor of Fine Arts in Fibers and a Bachelor of Arts in American Indian Studies with a minor in Anthropology from the University of Washington, and a Master of Fine Arts in Sculpture from the University of Oregon. Lee is an Assistant Professor of Sculpture at Boise State University. Before joining the faculty at BSU, Lee was a Visiting Assistant Professor of Art at Truman State University in Kirksville, Missouri. Lee has exhibited in the Ukraine and Portugal as well as throughout the United States. Meridian Arts Commission October 22, 2014 Attn: Emily Kane 33 East Broadway Ave. Meridian, ID 83642 Dear Meridian Arts Commission Members, Please accept this letter and the enclosed application materials as my submission for the 2015 Initial Point Gallery Series. I recently moved to the Treasure Valley to join the Art Department faculty at Boise State University. I am interested in exhibiting an ongoing body of work combing sculpture and fibers material processes in a solo exhibition. While I have exhibited selected pieces from this body of work at various venues, I have not yet had the opportunity to show all of the work together. It is important for me exhibit the work together in a single space so that viewers can experience my artwork collectively. I am particularly interested in exhibiting at the Initial Point Gallery for several reasons. As an artist new to the Treasure Valley, I am interested in exhibiting my work locally to become involved local art community. Because I am affiliated with BSU I am interested in exhibiting beyond the university at a venue that could reach a wider viewing audience. Because many of our students are local to this region, I see involvement in the local art community as a critical bridge between the University and the greater community, and as a way of sharing my work with prospective students. If selected, I would undertake publicity for the opening and the exhibition through resources at the University including posters, cards, online announcements, and emails. Biography: I was born and raised in Pullman, Washington. Starting at a young age, I was strongly influenced by the regional Native culture, particularly beadwork. I received a Bachelor of Fine Arts in Fibers and a Bachelor of Arts in American Indian Studies with a minor in Anthropology from the University of Washington, and a Master of Fine Arts in Sculpture from the University of Oregon. I am currently an Assistant Professor of Sculpture at Boise State University. Before joining the faculty at BSU, I was a Visiting Assistant Professor of Art at Truman State University in Kirksville, Missouri. I have exhibited in the Ukraine and Portugal as well as throughout the United States. I am a member of the Handweavers Guild of the Boise Valley, and a Co -Advisor of the Boise Sculptors' Guild. Theme: In my current body of work I am investigating the intersection between two linguistic systems: the classification of objects at rest in Dine Bizaad (Navajo), and the word order of rock music subgenres. In both taxonomies individual elements communicate specific physical and aesthetic attributes through amalgamated enclitics. Through this comparison I see the componential organization of information through objective physicality and aestheticism as subverting Western thought based in subjective associations. Each piece is conceptually conceived as an intersection of these linguistic systems, executed in materials ranging from steel and resin sculpture to handwoven textiles. The work is interdisciplinary in both the content and execution in the combination of linguistics and musicology, sculpture, and textiles. The work that I am proposing to exhibit includes the following pieces, which were all completed in 2014 and are also on my website: lilymartinalee.com 1.) Malus Handwoven cotton, rayon, and tinsel 43 1/2" X 69" X 2 1/2" $650 2.) Artefact Embroidery on hand -dyed cotton 14 1/2" X 18" $200 3.) A Steel, paint, glass beads, cotton yarn, imitation sinew 67' X 26" X 15" $650 4.) Sila Cotton yarn, glass beads, nylon rope, imitation sinew 50" X 22" X 3 1/2" $400 5.) Skov Steel, plastic, foam, polyester resin, paint 60" X 70" X 24" $3000 There are two additional weavings that I am currently working on not pictured here that I would like to include if possible. They are both about three feet wide. All of the Fibers pieces would be hung from the track system via attached dowel rods and D rings. A and Sila could be displayed in the cases. Skov would be displayed on the floor if this is permissible. Thank you for your time and consideration. Sincerely, Lily M. Lee Art Department Boise State University 1910 University Dr. Boise, ID 83725-1510 W W J J J v ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the 20th day of January, 2015 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Lauren Johnson, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of 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"); WHEREAS, in response to the Call to Artists, Artist did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal"), for the display of artwork in Initial Point Gallery; WHEREAS, on November 6, 2014, the Meridian Arts Commission ("Commission") reviewed the responses to the Call to Artists, selected Artist's work for display based on the Proposal, and recommended to the Meridian City Council that Artist's artwork, as depicted in the Proposal, be displayed in Initial Point Gallery; WHEREAS, at its regular meeting on December 2, 2014, the Meridian City Council adopted such recommendation and directed the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian City Hall 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 Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, 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: I. SCOPE OF SERVICES. Artist shall personally deliver to Initial Point Gallery, on April 3, 2015, at such time as is specified by the Gallery Curator, artwork which shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Artist shall be responsible for hanging such artwork on April 3, 2015 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from April 3, 2015 through April 30, 2015, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on May 1, 2015, at such time as is specified by the Gallery Curator. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE I II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. 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. B. Sale of artwork. 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. III.TIME OF PERFORMANCE. 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. INSTALLATION. A. Coordination with Curator. 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. Artist shall be responsible for contacting the Gallery Curator between December 27, 2014 and January 27, 2015 to confirm details regarding the installation, removal, publicity, and promotion of the exhibit. Artist's failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. 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, and the Application and Acknowledgements Form attached hereto in Exhibit B, as well as to ensure that such artwork 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 does not meet the criteria set forth in Exhibits A and B, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B, 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 ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 2 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. V. DISPLAY. A. Original artwork. 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. B. Photographs of artwork. 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. Use of Artist's name. 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. D. Use of City's name. 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 Chief of Staff. E. Removal of artwork 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 (48) 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 may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. 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. G. Simultaneous display. 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 be determined by the Gallery Curator. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 3 VI. INDEMNIFICATION, WAIVER, AND INSURANCE. 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 fiom 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. B. Waiver. 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 may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist's responsibility. 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 all necessary insurance as may be 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. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with or is in default of 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 providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without 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 4 C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non -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. GENERAL PROVISIONS. A. Relationship of Parties. 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. Both 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. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non -Discrimination. 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. D. Entire agreement. 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. Agreement governed by Idaho 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. F. Cumulative rights and remedies. 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 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 competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors 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 ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 5 expertise. All 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. L Notice. 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: Artist: Lauren Johnson 14600 W. Daimler Street Boise ID 83713 CW Emily Kane Deputy City Attorney 33 E. Broadway Ave. Meridian ID 83642 Either party may change its respective mailing address 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 20th day of January, 2015 ARTIST: j&'"' Q4Ai1— Lauren Johnso CITY OF MERIDIAN: BY: Tammy d rc Attest: �/L City of ' °a�innx ot9 Clerk ' SEAL �rr � a ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 6 Exhibit A MeridiatX/Co_ mmission Call for Artists: 2015 INITIAL 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 2015 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 watt 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 wilt be displayed which: cannot be safety 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 and invitees may reapply biennially and if selected again, 75% of the display must be artwork that has not been previously displayed in Initial Point Gallery. Small, informal groups of 2-4 artists are encouraged to propose an exhibition including all artists' work. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2015 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; • Letter of intent, including biography of the artist(s) or informational statement regarding organization; • 250 -word informational paragraph about the artist or organization (for use in gallery publicity if selected); • 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 wit[ not be returned. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, October 24, 2014. SELECTION PROCESS: The selection of art for the 2015 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 and four enclosed pedestals for 3D art; • 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: Meridian Arts Commission Attn: Emily Kane 33 East Broadway Avenue Meridian ID 83642 By e-mail: macCameridiancity.org Exhibit B Application Et Acknowledgments: 2015 INITIAL POINT GALLERY SERIES APPLICANT CONTACT INFORMATION Check one: VI am submitting this application as an individual. 0 I am submitting this application for this organization: - 0 1 am submitting this application for an informal group: Applicant: _ Applicant E-mail: Mailing Address: _ Physical Address: Applicant Phone: Day: ,SVM Cr t ttt ilial cLreci CLAP—_e APPLICATION OVERVIEW: Check all that apply: 0 1/we propose to fill one half of Initial Point Gallery with two-dimensional artwork. Y I/we propose to fill the entire Initial Point Gallery with two-dimensional artwork. 0 I/we propose to fill 01 02 03 04 of the display cases with 3D artwork Number of 2D pieces: a0 40 as aeeci2d Average size of 2D pieces: /GX,20 +0 A93-7 Number of 3D pieces: Average size of 3D pieces: Proposed title or theme of show: APPLICATION MATERIALS: Completed, signed Application ft Acknowledgements Form. (Informal groups: each artist must sign separate form.) Biography of artist or informational statement regarding organization, no longer than one 8'/2 x 11" page; A letter of intent, describing: a. Artist/Organization/Group's vision for and/or 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 Artist/Organization/Group plans to undertake if selected; and/or d. Any atypical issues or challenges regarding hanging or display of the works proposed for display. Up to five digital images of work representational of the artist's/organization/group's work on a CD, resolution of 300 dpi at a minimum size of 5x7, in .jpg format. Please name each image file with organization name or artist's last name and the title of the work (e.g.: name. titte.jpg). Materials submitted will not be returned. Damaged or non-compliant CDs and/or images will not be considered. Images will not be accepted via e-mail. $35 gallery maintenance fee, check made payable to the Meridian Arts Commission. This fee is nonrefundable. DISPLAY INFORMATION: 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 (fig. 1) on the side rails on the back of the frame (fig. 2). The inside of each D ring must allow a space of at least one-quarter inch (/a") for insertion of the hooks; any wire constricting this space must be removed. The D rings should be approximately a quarter 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 (fig. 3), for displaying three-dimensional artwork. Picture Hw&, wish Two Cables IX 2 1 XX %jrx Y ACKNOWLEDGMENTS: I,c�'�� / "'�'=�'"'^ , hereby acknowledge the following stipulations and agree that if this proposal is selected for di tay at Initial Point Gallery, such display shall occur subject to these general terms and conditions, as well as subject to other specific terms and conditions that shall be set forth in a separate, written Acceptance Agreement between myself and the City of Meridian. I specifically acknowledge that: A. Before my work will be displayed in Initial Point Gallery, I will be required to enter into an Acceptance RTZ Agreement with the City of Meridian establishing the specific terms and conditions of the display of the particular works displayed. B. If my work is selected for display in Initial Point Gallery, the City of Meridian and its agents will INITIAL exercise professional care in handling and securing all artwork displayed in Initial Point Gallery, but cannot and will not assume liability for any toss or damage. C. Any insurance of the artwork displayed in Initial Point Gallery shall be the sole responsibility of the INITI artist. The City of Meridian shalt not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery. D. While artwork displayed in Initial Point Gallery may be passively offered for sate by means of an INITIAT informational table, board, or handout as provided or allowed by the City of Meridian, no piece displayed in Initial Point Gallery may have a visible price tag. AE. White it is intended that each exhibit in Initial Point Gallery will be displayed for a one- to two-month INITI period, this period may be shortened by the City of Meridian for any reason, without notice to the artist or organization. ` F. The City may display the work of more than one artist or organization in Initial Point Gallery at any INITIAL time, at the City's sole discretion. G. Artwork submitted for display in Initial Point Gallery must be original works conceived and created INITIAL by the artist (or by artist members of the organization) submitting this application. H. Meridian City Hall is primarily a place of public business and Initial Point Gallery is a public place. The INmAL City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that City Halt is a place where citizens, employees, and visitors of diverse ages and perspectives feet welcome and comfortable. To this end, only artists and artwork meeting the eligibility standards described in the Call for 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. j 1 t Signature: � t2tm a rWc� n— Print name: t_,4_L 6,4, deiWL�� r Date: yo / /3 // V To propose an exhibition in Initial Point Gallery, please submit this form, completed in full, with the required materials and fee, via U.S. mail, to: Meridian Arts Commission Attn: 2015 Initial Point Gallery Series 33 East Broadway Avenue Meridian ID 83642 Thank you for your interest! LAUREN i H 1. ARTIST 208-215-1588 October 13, 2014 1400 W Daimler St Meridian Arts Commission Boise, Idaho Att: 2015 Initial Point Gallery Series 83713 33 East Broadway Ave Meridian, Idaho 83642 Letter of Intent: To provide a full, one-man show of framed original paintings... watercolor and pastel ... I can provide from 20-40 pieces as needed in sizes ranging from 8x10 to 29x37. They would include landscapes, animal painting, florals, still life and abstract work and may be viewed on my website: laureniohnsonartist. com The prices would range from $100 to $1200, and the work would be framed in high quality hand crafted wooden frames, matching, to lend the display a unified continuity. I would be providing my personal mailing list of interested art patrons with invitations. I appreciate the opportunity to apply at your lovely venue, and would welcome the opportunity to be one of your presenting artists. Please let me know if you need any further information. Sincerely yours, Lauren Johnson Lauren Johnson, Artist Watercolor and pastel Artist Statement After successful careers in the business community as a management accountant and real estate business owner, I now devote my time to my passion of art. In addition to studying with several local artists in Albuquerque, I have had training with national instructors Terry Madden, Tom Lynch, Carol Orr, Ted Nuttal, Betsey Dillard Stroud, Tony Couch, Ken Hosmer, Frank LaLumia, Dale Laitenen and David Drummond. I work in transparent watercolor and water based pastel on varied surfaces and paint a variety of subjects including landscape, still-life, abstract, southwest design, floral, animals and portraiture... all with an eye on the design patterns of shapes and values. I have shown and been a frequent award -winner in juried shows such as Masterworks of NM, Weems Artfest, NMWS, PSNM, TWS, Expo NM, Rio Grand Arts and Crafts Shows, NM Art League ... and having moved to Boise in 2013, at the State Fair of Idaho, IWS TVAA, and Nampa Art League. Resume • Idaho Watercolor Society, Secretary, Treasure Valley Artist Alliance, Nampa Art Guild. • Signature Member and Past President of New Mexico Watercolor Society. • Signature Member Taos National Watercolor Society. • Pastel Society of New Mexico • The Art League, Albuquerque, New Mexico • Art Instructor- The Artists Studio, Albuquerque, NM 2003-2013 • Owner/Broker-Kissam Realty, Albuquerque, NM 1980-2006 ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL IIMVEX414"Wl/.2141W.-T9111"CIUVIN2 11 GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the 20th day of January, 2015 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Joyce Green, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of 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"); WHEREAS, in response to the Call to Artists, Artist did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal"), for the display of artwork in Initial Point Gallery; WHEREAS, on November 6, 2014, the Meridian Arts Commission ("Commission") reviewed the responses to the Call to Artists, selected Artist's work for display based on the Proposal, and recommended to the Meridian City Council that Artist's artwork, as depicted in the Proposal, be displayed in Initial Point Gallery; WHEREAS, at its regular meeting on December 2, 2014, the Meridian City Council adopted such recommendation and directed the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian City Hall 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 Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, 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: XVII. SCOPE OF SERVICES. Artist shall personally deliver to Initial Point Gallery, on May 1, 2015, at such time as is specified by the Gallery Curator, artwork which shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Artist shall be responsible for hanging such artwork on May 1, 2015 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from May 1, 2015 through May 28, 2015, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on May 29, 2015, at such time as is specified by the Gallery Curator. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE I II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. 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. B. Sale of artwork. 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. III.TIME OF PERFORMANCE. 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. INSTALLATION. A. Coordination with Curator. 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. Artist shall be responsible for contacting the Gallery Curator between March 1, 2015 and April 1, 2015 to confirm details regarding the installation, removal, publicity, and promotion of the exhibit. Artist's failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. 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, and the Application and Acknowledgements Form attached hereto in Exhibit B, as well as to ensure that such artwork 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 does not meet the criteria set forth in Exhibits A and B, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B, 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 ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 2 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. V. DISPLAY. A. Original artwork. 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. B. Photographs of artwork. 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. Use of Artist's name. 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. D. Use of City's name. 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 Chief of Staff. E. Removal of artwork 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 (48) 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 may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. 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. G. Simultaneous display. 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 be determined by the Gallery Curator. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 3 VL INDEMNIFICATION, WAIVER, AND INSURANCE. 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 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. B. Waiver. 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 may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist's responsibility. 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 all necessary insurance as may be 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. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with or is in default of 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 providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without 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 4 C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non -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. GENERAL PROVISIONS. A. Relationship of Parties. 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. Both 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. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non -Discrimination. 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. D. Entire agreement. 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. Agreement governed by Idaho 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. F. Cumulative rights and remedies. 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 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 competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors 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 ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 5 expertise. All 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. I. Notice. 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: Artist: Joyce Green 1088 W. Chateau Avenue Meridian ID 83646 QW. Emily Kane Deputy City Attorney 33 E. Broadway Ave. Meridian ID 83642 Either party may change its respective mailing address 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 20th day of January, 2015. ARTIST: Joyce reen CITY OF MERIDIAN: Attest: 41 n � C;y.r •�unn own i F SEAL I TnVa'-11 % ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 6 Exhibit A Meridiatn;C5 mission Call for Artists: 2015 INITIAL 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 2015 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 and invitees may reapply biennially and if selected again, 75% of the display must be artwork that has not been previously displayed in Initial Point Gallery. Small, informal groups of 2-4 artists are encouraged to propose an exhibition including all artists' work. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2015 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; • Letter of intent, including biography of the artist(s) or informational statement regarding organization; • 250 -word informational paragraph about the artist or organization (for use in gallery publicity if selected); • 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 wilt not be returned. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, October 24, 2014. SELECTION PROCESS: The selection of art for the 2015 Initial Point Gallery Series will be made by MAC. MAC will notify setectees 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 wilt 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 and four enclosed pedestals for 3D art; • 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: Meridian Arts Commission Attn: Emily Kane 33 East Broadway Avenue Meridian ID 83642 By e-mail: mac@meridiancity.org Exhibit B MeridiatnleCo mmission Application Et Acknowledgments: 2015 INITIAL POINT GALLERY SERIES APPLICANT CONTACT INFORMATION Check one: g I am submitting this application as an individual. ❑ 1 am submitting this application for this organization: ❑ 1 am submitting this application for an informal group: Applicant: rtD�/CC—, �•'-CCS! Applicant E -mai I: Ge,^ a✓ yv Mailing Address: j("i C6}TGz+U� /✓!C!'tDi�/� Z7�. cF36`/� Physical Address: Applicant Phone: Day: 2Of—CP2 L/z7 Evening: Cell: APPLICATION OVERVIEW: Check all that apply: ❑ I/we propose to fill one half of Initial Point Gallery with two-dimensional artwork. "P.I/we propose to fill the entire Initial Point Gallery with two-dimensional artwork. ❑ I/we propose to fill ❑l 02 03 04 of the display cases with 3D artwork Number of 2D pieces: 3r✓" Average size of 2D pieces: ,74' Number of 3D pieces: Average size of 3D pieces: Proposed title or theme of show: GtrAgA4tfA�y pzAC _c a APPLICATION MATERIALS: Completed, signed Application Et Acknowledgements Form. (Informal groups: each artist must sign separate form.) T& Biography of artist or informational statement regarding organization, no longer than one 81/2 x 11" page; A letter of intent, describing: a. Artist/Organization/Group's vision for and/or 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 Artist/Organization/Group plans to undertake if selected; and/or d. Any atypical issues or challenges regarding hanging or display of the works proposed for display. yC5 Up to five digital images of work representational of the artist's/organization/group's work on a CD, resolution of 300 dpi at a minimum size of 5x7, in .jpg format. Please name each image file with organization name or artist's last name and the title of the work (e.g.: name. title. jpg). Materials submitted will not be returned. Damaged or non-compliant CDs and/or images will not be considered. Images will not be accepted via e-mail. $35 gallery maintenance fee, check made payable to the Meridian Arts Commission. This fee is nonrefundable. DISPLAY INFORMATION: 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 (fig. 1) on the side rails on the back of the frame (fig. 2). The inside of each D ring must allow a space of at least one-quarter inch (Y4") for insertion of the hooks; any wire constricting this space must be removed. The D rings should be approximately a quarter 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 (fig. 3), for displaying three-dimensional artwork. 7 S. a ✓F''y yta �� ✓Sixes "�.<9"„�s;Ml ° �, �r � � .+:d FIG. 1. D RING 3' E•• / Pidvre Nan91rW vAth iWo CaUlua � � i. +—G"e FIG. 2. BACK OF FRAME FIG. 3. 3D ART DISPLAY CASES Joyce Green Joyce Green Watercolors 1088 W. Chateau Ave. Meridian, Idaho, 83646 jqy.-egreenart@cableotte.net joycegreenwatercolors.com Meridian Arts Conunission Attn. Emily Kane 33 East Broadway Avenue Meridian, Idaho 83642 Dear Arts Commission: I propose an exhibition of my art works, (mostly watercolors) on the theme "Faraway Places". I can exhibit at least 25 to 30 works of art based upon my travels to almost 80 countries in over 50 years. Most of the works are related to cultural activities rather than scenic "post card" views. I love to paint people and animals most. My "world works" include subjects from China, Egypt, Norway, Bhutan, Myanmar, Cambodia, Russia, Mongolia, and Morocco, to name a few. The works will be framed from 30 x 37 to 11 x 14. 11 Joyce Green Originaffy from Minnesota, Joyce Green has been a professional artist for over thirty-five years. She has earned signature membership in The National Watercolor Society) The Transparent Watercolor Society of America/ The San Diego Watercolor Society) and Watercolor West. She has twice had works selected for exhibition in The American Watercolor Society (New }pork), and also exhibited in the Rocky Mountain %Vational /Denverf the jVorthwest Watercolor Society /Seattle/ The Western Federation of Watercolor Societies, and many regional venues. Her work has won numerous awards, including four "Best of Show" honors, and the Bill Peregrin award at the zoxx Watercolor West Exhibition. She is a merit member and past president of the Idaho Watercolor Society. Joyce holds degrees in art from the University of Minnesota, Duluth(B.S. magna cum laude), and the University of Arizona (M. Ed). She has held professional positions in art education in Ohio and Arizona, and teaches watercolor workshops as well as classes in Idaho. She also served as curator of education at the Columbus (Ohio) Museum of Art. She has resided in Idaho for over 30 years. For over two decades, Joyce has focused upon the use of the traditional watercolor medium. She is fascinated by the expressive effects possible through layering glazes to build color and textural nuance, allowing exploration of design possibilities in light patterns regardless of the subject she chooses. Masking is used only for specific effects, such as to capture the play of light on the surface of the water. The masking here facilitates the feeling of surface, allowing the glazed layers to develop the depth of transparencies desired. Her primary goal is to express a memorable and positive affirmation of life. mmom �., X7, LU u 0 wlw�, A ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the 20th day of January, 2015 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Brian Schreiner ("Organizer"), on behalf of City of Meridian Community Center Art Group ("Organization"). (City and Organizer may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of 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"); WHEREAS, in response to the Call to Artists, Organizer did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal"), for the display of artwork in Initial Point Gallery; WHEREAS, on November 6, 2014, the Meridian Arts Commission ("Commission") reviewed the responses to the Call to Artists, selected Organization's work for display based on the Proposal, and recommended to the Meridian City Council that Organizion's artwork, as depicted in the Proposal, be displayed in Initial Point Gallery; WHEREAS, at its regular meeting on December 2, 2014, the Meridian City Council adopted such recommendation and directed the Commission to work with Organizer to establish a display of Organization's artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian City Hall 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 Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, 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: I. SCOPE OF SERVICES. Organizer shall personally deliver to Initial Point Gallery, on May 29, 2015, at such time as is specified by the Gallery Curator, artwork which shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Organizer shall be responsible for hanging such artwork on May 29, 2015 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from May 29, 2015 through July 2, 2015, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on July 3, 2015, at such time as is specified by the Gallery Curator, ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 1 II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Organizer shall display the artwork of Organization in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Organizer or Organization for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Organizer or Organization 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 artwork; any transaction related to the sale of artwork shall be handled solely by Organizer. Organizer acknowledges the Commission's request that artists voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Organizer may remove such artwork from the Gallery, provided that Organizer replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Organizer shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III.TIME OF PERFORMANCE. Organizer shall provide services described in this Agreement in a timely manner, as described herein. Organizer 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. INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Organizer shall coordinate any and all such activity with the Gallery Curator. Organizer shall be responsible for contacting the Gallery Curator between March 29, 2015 and April 29, 2015 to confirm details regarding the installation, removal, publicity, and promotion of the exhibit. Organizer's failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Organizer for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A, and the Application and Acknowledgements Form attached hereto in Exhibit B, as well as to ensure that such artwork 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 does not meet the criteria set forth in Exhibits A and B, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B, 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 ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 2 the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. V. DISPLAY. A. Original artwork. Organizer warrants that any and all artwork provided by Organizer for display in Initial Point Gallery shall be, and is, original work conceived and created by members of Organization. B. Photographs of artwork. 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, Organizer 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. Use of names. Organizer hereby conveys to City permission to use Organization's and its members' names for purposes of advertising, marketing, and public information, without violation of Organization's or its members' rights of privacy or any other rights Organization or its members may possess under this Agreement, provided that City shall not use Organization's logo(s), if any, for any purpose without the express, written permission of Organizer. D. Use of City's name. City hereby conveys to Organization 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 neither Organizer nor its members shall use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. E. Removal of artwork by City. City shall have the right to remove 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 (48) hours, City shall notify Organizer in the manner set forth herein. While it is intended that Organization's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason without notice. F. Removal of artwork by Organization. Organizer 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. G. Simultaneous display. 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 be determined by the Gallery Curator. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 3 VI. INDEMNIFICATION, WAIVER, AND INSURANCE. A. Indemnification. Organizer, Organization, and Organization's members, shall, and hereby do, 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 all losses and expenses caused or incurred by Organizer, Organization, Organization's members, or such parties' volunteers, servants, agents, employees, guests, and/or business invitees. B. Waiver. Organizer and Organization shall, and hereby do, 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 Organizer's or Organization's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance is Organization's responsibility. 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 Organization or its members in the furtherance of the respective rights or obligations described herein. Insurance of the artwork; of the Organization's or its members' persons, property, or interests; and/or of the Organization's or its members' employees or agents shall be the sole responsibility of Organization. Organization or its members shall obtain all necessary insurance as may be required in order to protect those parties' insurable interests for their 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. Organization 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. VII. TERMINATION. A. Termination for cause. If City determines that Organizer, Organization, or any of its members have failed to comply with or are in default of 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 providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Organizer. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 4 C. Termination upon death or incapacity of Organizer. This Agreement shall automatically terminate upon the death or incapacity of Organizer. D. Non -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. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Organizer, Organization, and Organization's members are independent parties and not employees, agents, joint venturers, or partners of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Organizer, Organization, or its members and City or between Organizer, Organization, or its members and any official, agent, or employee of City. Both parties acknowledge that neither Organizer, nor Organization, nor Organization's members are employees of City. Organizer, Organization, and Organization's members shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Organizer, Organization, and Organization's members shall comply with any and all applicable federal, state, and local laws. C. Non-discrimination. In fulfilling or exercising any right or obligation under this Agreement, neither Organizer nor Organization shall discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. 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. Agreement governed by Idaho 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. F. Cumulative rights and remedies. 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 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 competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 5 H. Successors and assigns. Organization shall not subcontract or assign any of Organization's obligations under this Agreement that require or that may require their artistic talent or expertise. Organization may subcontract or assign obligations that do not require artistic talent or expertise. All 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. I. Notice. 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: Oreanizer: Brian Schreiner City: Emily Kane City of Meridian Community Center Art Group Deputy City Attorney 11055 Wampum Drive 33 E. Broadway Ave. Boise ID 83713 Meridian ID 83642 Either party may change its respective mailing address by giving written notice of such change in the manner herein provided. J. Warranty of authority. Organizer expressly warrants that, to the extent set forth herein, Organizer is duly authorized to act as the representative and agent of Organization and of each and all of its members. Organizer further warrants that Organizer is authorized to bind Organization and its members and principals to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Organization and its members and principals. K. 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 20th day of January, 2015. ARTIST: Brian Schre er a 17 l,Crv,;F CITY OF MERIDIAN: C Mayor ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY A PAGE 6 Exhibit A Meridian I Commission Cat( for Artists: 2015 INITIAL 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 2015 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 Hatt (33 E. Broadway Avenue, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides 120 feet of total watt 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 safety 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. Setectees and invitees may reapply biennially and if selected again, 75% of the display must be artwork that has not been previously displayed in Initial Point Gallery. Small, informal groups of 2-4 artists are encouraged to propose an exhibition including all artists' work. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2015 Initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. • Completed, signed Application It Acknowledgements form; Letter of intent, including biography of the artist(s) or informational statement regarding organization; • 250 -word informational paragraph about the artist or organization (for use in gallery publicity if selected); • 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 will not be returned. DEADLINE: All proposals must be received by MAC by 5:00 p.m, on Friday, October 24, 2014. SELECTION PROCESS: The selection of art for the 2015 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 Halt. 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 and four enclosed pedestals for 3D art; • 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: Meridian Arts Commission Attn: Emily Kane 33 East Broadway Avenue Meridian ID 83642 By a -mail: mac@meridiancity.org Exhibit B MeridiatX0CP ommission Application £t Acknowledgments: 2015 INITIAL POINT GALLERY SERIES APPLICANT CONTACT INFORMATION Check one:x1.1 am submitting this application as an individual. Ci / t'Y "� tri A 1 am submitting this application for this organization:C V/Iryce; ypaL?! ❑ 1 am subfitting this a licatian for an informal group: Applicant: Applicant E-mail: Mailing Address: Physical Address: b vise, Applicant Phone: Day: Evening;a77 � Br? ff Cell: APPLICATION OVERVIEW: Check all that apply: ❑ Ilwe propose to fill one half of Initial Point Gallery with two-dimensional artwork, XI1we propose to fill the entire Initial Point Gallery with two-dimensional artwork. ❑ 1/we propose to fill 01 112 03 04 of the display cases with 3D artworjc Number of 2D pieces: Qi0 Average size of 2D pieces: I P X n? u Number of 3D pieces: CJ Average size of 3D pieces: N/A Proposed title or theme of show: APPLICATION MATERIALS: ❑ Completed, signed Application ik Acknowledgements Form. (Informal groups: each artist must sign separate form.) ❑ Biography of artist or informational statement regarding organization, no longer than one 8%s x 11" page; ❑ A letter of intent, describing: a. Artist/Organization/Group's vision for and/or 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 Artist/Organization/Group plans to undertake if selected; and/or d. Any atypical issues or challenges regarding hanging or display of the works proposed for display. 0 Up to five digital images of work representational of the artist's/organization/group's work on a CD, resolution of 300 dpi at a minimum size of 5x7", in .jpg format. Please name each image file with organization name or artist's last name and the title of the work (e.g.: name.title.jpg). Materials submitted wilt not be returned. Damaged or non.compliant CDs and/or images will not be considered. Images will not be accepted via a -mail, ❑ $35 gallery maintenance fee, check made payable to the Meridian Arts Commission. This fee is nonrefundable, DISPLAY INFORMATION: 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 (fig. 1) on the side rails on the back of the frame (fig. 2). The inside of each D ring must allow a space of at least one-quarter inch (%") for insertion of the hooks; any wire constricting this space must be removed. The D rings should be approximately a quarter 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 (fig. 3), for displaying three-dimensional artwork, r� � ACKNOWLEDGMENTS: 1, OM-1AN Nt"f�-_/!:- ereby acknowledge the following stipulations and agree that if this proposal is selected for display at Initial Point Gallery, such display shalt occur subject to these general terms and conditions, as well as subject to other specific terms and conditions that shall be set forth in a separate, written Acceptance Agreement between myself and the City of Meridian. 1 specifically acknowledge that: A. Before my work wilt be displayed in Initial Point Gallery, I will be required to enter into an Acceptance rN IA Agreement with the City of Meridian establishing the specific terms and conditions of the display of the particular works displayed. t5 B. If my work is selected for display in Initial Point Gallery, the City of Meridian and its agents will TRIAL exercise professional care In handling and securing a(l artwork displayed in Initial Point Gallery, but cannot and will not assume liability for any loss or damage. C. Any insurance of the artwork displayed in Initial Point Gallery shall be the sole responsibility of the IN ` artist. The City of Meridian shat( not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery. D. While artwork displayed in Initial Point Gallery may be passively offered for sale by means of an ` informational table, board, or handout as provided or allowed by the City of Meridian, no piece displayed in Initial Point Gallery may have a visible price tag. E. While it is intended that each exhibit in Initial Point Gallery will be displayed for a one- to two-month RT AL period, this period may be shortened by the City of Meridian for any reason, without notice to the artist or organization. F. The City may display the work of more than one artist or organization in Initial Point Gallery at any 1f NL2IT-TrALy time, at the City's sole discretion. gig "V G. Artwork submitted for display in Initial Point Gallery must be original works conceived and created 11417orby the artist (or by artist members of the organization) submitting this application. O7 i? H. Meridian City Hall is primarily a place of public business and Initial Point Gallery is a public place. The INITCity seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that City Halt 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 for Artists and following the terms set forth in the Acceptance Agreement shall be displayed in Initial Point Gallery. 1 do acknowledge and rider and aeh-And all of the foregoing stipulations and do agree to these general terms and conditions. Signature: Printname: Date: -2-014— To p��y 2 Z�jJ 2014 - To propose an exhibition in Initial Point Gallery, please submit this form, completed in full, with the required materials and fee, via U.S, mail, to: Meridian Arts Commission Attn: Emily Kane 33 East Broadway Avenue Meridian ID 83642 Thank you for your interestl Meridian Commission BRIAN SCHREINER FINE ART RESUME •auararaaeaa ea arae ar•aaaaaaa•••raaar•r•rasa aaaa•rruuara raaaau•a•rar r•caaurrraraasaara• Brian Schreiner *11055 Wampum Drive, Boise, Idaho 83713 (208)377-2398 brianschrein era diste-cimall. coni EXHIBITS Museum of Eastern Idaho, 'All Idaho" Juded Exhibition 2013 'Black Poplars—Mars Rising' Initial Point Gallery Show, Meridian City Hall with Art Group Painters 2009,2011,2013 Boise Open Studio (BOSCO) Tour member. Juded work, ongoing exhibitions. Beginning in 2013 Green Chutes Artist Cooperative Membership Exhibiting Artist Beginning in 2013 Banner Bank Art Show, Boise, Idaho 2013 Treasure Valley Artist Alliance, Exhibitions, Boise 150 Exhibition and other shows 2013 James Gray Gallery, Santa Monica, California 2010 Boise Depot Arts Program Exhibition, Boise, Idaho 2009 The Gallery At Hyde Park, Boise, Idaho 2006, 2007, 2008 Village Art Center, Mountain Home, Idaho 2004 Boise Stale University Student Union Gallery, Boise, Idaho 1998 Yosemite Association, Visitors Center, Yosemite National Park, California 1995 Shows, Eta !Simplot Co. 'Deep Stuff 2' on stage creation 1094 Lancaster Museum Gallery of Art, Lancaster, California 1990 Stonington Fine Art Gallery, Sun Valley, Idaho 1989, 11993 White's Old Town Gallery, Pasadena, California 1986,1987,1988 Beverly Hills AR Affaire, Beverly Hills, California 1988 University of Idaho Juded Invitational, Prichard Art Gallery, Moscow, Idaho 1980 Outpost Gallery, Twin Falls, Idaho 1979 CORPORATE COLLECTIONS "Rainbows' Original Serigraph Print— Healthwise Corporation, Boise, Idaho 'Doorknob & Wren' Public Art Collection, City of Meridian, Idaho 'Inclusion' Diptych, Boise State University, Boise, Idaho PUBLIC ART Traffic Box Public Art Tremendous Trees Boise, Idaho 2011 "Taj Mahal Mural'Taj Mahal Restaurant, Boise, Idaho °Picket Fence Garden Mural' private residence, Boise, Idaho 'Train Model Mural" Loco's Restaurant, Boise, Idaho 'Marlyn Monroe, -James Dean Motorcycle Daily Grind CaM, Boise, Idaho "Ocean Life' mural panels, Joeys Seafood Only, Boise, Idaho Wichelangelds; Creation With Coffee Maxie Java, Boise, Idaho 'Fishpond in Farm' Fish tanklmural St. Luke's Medical Center, Boise, Idaho (published in Colors Switzerland 1994, Armstrong Interiors) "Peregrine Falcon Over Boise Valley' Frontier Elementary School, Boise, Idaho "Visions of Peace Fairmont Elementary School, cooperative mural, Boise, Idaho "Taos Puebld Rosle's BBQ Grillery, Encino, California `Panda's' St. John's Hospital, Santa Monica, California `Animated Animal Sequence° Hollywood Presbyterian Hospital, Hollywood, California 'Red Rocks, Longs Peak, Lost Horse Mill' Stapleton Airport, Denver, Colorado 'Sierra Meadow Fishing' Ranch House BBQ, West Hills, California 'Noon Meal At Taos Pueblo' Rosie's BBQ, West Los Angeles, California Granite Waterfalls Entrance Design Team, Armstrong Planning and Design, St. Luke's Hospital, 1993 Holiday art—Santa Claus, Reindeer, Angels, Winterland Scenes on focal merchant windows ART FOR A CAUSE VOLUNTEERING `Los Posadas° fabric sculptures First Congregational Church, 1995 St. Atphonsus Life Flight: "Lighting the Christmas Tree' Festival of Trees Art Auction —Shows Etc. on stage creation, 1995 Flying M Coffee House, Valentine Art for AIDS Auction, Boise, Idaho Annually Beginning 2008 Meridian Art Commissioner, (Appointed by Mayor) City of Meridian, Idaho 2013 POSTGRADUATE EDUCATION Coeur D'Alene Art Teacher workshop, Fall 2002 Watercolor Workshops —Yosemite Association, - Ben Kudo, Plein Air on Location Painting Figure Drawing Studies— Sam Clayburger Studios, Los Angeles, California Figure Drawing Studies—James Blankenship, Boise State University, Boise, Idaho Printmaking Course, Serigraphs, Computer Prints — George Roberts, Boise State University, Boise, Idaho EDUCATION Bachelors of Fine Arts, Boise State University, Boise, Idaho 1979 Bachelors of Arts, Elementary Education, Boise State University, Boise, Idaho 1998 Art Teaching credentials K-12 Art Education Boise State University Art Education program, 2003 College of Architecture, University of Idaho, Moscow, Idaho 1980-1981 TEACHING Very Special Arts (VSA) Grant Master/Artist Apprentice Program 2013 Art Instructor Meridian Parks and Recreation, summer program, Meridian, Idaho °MIRIDAMOO' Art Camp, and ongoing classes and workshops for all ages 2005- present Arts For KJds, Watercolor on the Spot, Boise City Arts Commission, Boise, Idaho Instructor at art workshops hosted by UCG Church Camp, McCall, Idaho, Pasadena, California Art Instructor at Idaho Correctional institution for inmates, Boise, Idaho instructor at Yosemite National Park Association Plein Air on location painting, all age groups of students HONORS "The Meridian Way' gold coin for Customer Service Meridian, Idaho 2013 'Best of Acrylic! Western Idaho Fair 2014 City of Meridian Community Center Art Group Watercolor and acrylic artists either advanced or beginning adults age 21 or older, from around the Treasure Valley, are welcome to join our art group. Come and paint what you want, Individual instruction and encouragement in painting your art is available from art instructor, Brian Schreiner. Each session will determine their course outlined from a discussion about what the group wants to accomplish. Some project demonstrations; step-by-step lessons may occur. Artists may opt out of any lesson they choose. "How to Frame Your Art" will be demonstrated by instructor, a group art show will happen in a local venue. New beginning students will be introduced to materials, painting methods, and the Resource Guide in preparation to join the Community Center Art Group. The Community Centei Art Group meets Tuesday evenings from 7:00 p.m. to 9:00 p.m. 201 East Idaho Avenue, Meridian, ID 83642 For Information please contact Meridian Parks and Recreation at 888-3579. Brian Schreiner 11055 Wampum Drive Boise, Idaho 83713 Meridian Arts Commission Attn: Emily Kane 33 East Broadway Avenue Meridian, ID 83642 October 23, 2014 Dear Initial Point Selection Committee: Meridian Parks and Recreation Community Center Art Group paints on many Tuesday evenings. The group inspires the artists to paint in their studios. The artists that participate in the group range from beginning artists to those with more experience. I would like to present the group members art along with my art in an Idaho /west theme during the Initial Point show calendar year 2015. The goal for the show is to promote artistic creativity in Meridian. Many of the painters do not have images of their art. Some artists create beautiful paintings and have never displayed their work before. I am enclosing images of my art for your consideration. The art group will have high quality artwork to present. I expect to display 30 pieces of art with an average dimension of 18" x 24", approximate prices of the art may be $100 to $1,000. Art will be created in the mediums of watercolor, acrylic and mixed media. Publicity for the show will be flyers by the group as well as requested website publicity from the City of Meridian. We request a show month in November 2015 and have greeting cards of our art included in the show. The art will be flamed using the 2 D rings as specified by the application. The group looks forward to the opportunity to show paintings at the Initial Point Gallery. If selected, we will provide a unique opportunity for the community to see the work of those participating in one of Meridian's extended educational programs through the Meridian Parks and Recreation. Sincerely, Brian Schreiner Meridian Parks and Recreation Art Group Instructor SCHREINER FINEART BRIAN SCHREINER Brian Schreiner was born at Sculthorpe Air Force Base, Norfolk, England, U.K. on September 11, 1955. He lived in South Creek near the coast and in Stow -on -the - Wold, a hilltop town in the Cottswolds which was started by the Romans with its two thousand year old buildings and cobblestone streets. In 1965 he moved to Mountain Home, Idaho and grew up in the west with the outdoors and wide-open spaces. Art has appealed to Brian from the earliest times of drawing and painting in school or at home. The desire to work as a professional artist prompted him to work towards a Bachelor of Fine Arts and Education degrees along with some architectural design. Brian spent ten years in Los Angeles, California pursuing creative endeavors. He gained experience in commercial art, toy design, interior design and mural projects and has designed restaurants and painted murals for many interesting clients. Projects include "Executive Decision Maker" coffee cup mug, Rosie's BBQ Grillery Restaurants, a mural around a fish tank in a hospital, working on a motion picture crew "Private School," Lancaster California Museum of Fine Art watercolor show, and painting an angel picture onstage for a Life Flight Festival of Trees auction. Brian began exhibiting formally in 1979, and since has had many shows in the western United States and is represented in many private collections. He began printmaking in 1988. Brian thinks that creating art is like attempting alchemy: (a process of transforming various elements into gold). It is possible to make art by combining thoughts, living experiences and art materials in attempting to make good art? Some paintings are created with definite goals and research to tell a story, some are created to cause a discussion about a given topic, and others are painted simply to capture a scene or design in which the viewer might find their own varied meanings. Brian's work is an attempt at fusion blurring the line between realism and abstractionism — "realistic abstracts." Brian Schreiner lives in Boise, Idaho. r, • ve I • J _ Y I t y IS y'�fq�'� • Y � ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the 20th day of January, 2015 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Stephanie Beck, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of 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"); WHEREAS, in response to the Call to Artists, Artist did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal"), for the display of artwork in Initial Point Gallery; WHEREAS, on November 6, 2014, the Meridian Arts Commission ("Commission") reviewed the responses to the Call to Artists, selected Artist's work for display based on the Proposal, and recommended to the Meridian City Council that Artist's artwork, as depicted in the Proposal, be displayed in Initial Point Gallery; WHEREAS, at its regular meeting on December 2, 2014, the Meridian City Council adopted such recommendation and directed the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian City Hall 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 Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, 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: I. SCOPE OF SERVICES. Artist shall personally deliver to Initial Point Gallery, on July 3, 2015, at such time as is specified by the Gallery Curator, artwork which shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Artist shall be responsible for hanging such artwork on July 3, 2015 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from July 3, 2015 through July 30, 2015, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on July 31, 2015, at such time as is specified by the Gallery Curator, ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE I H. COMPENSATION AND SALE OF ARTWORK. A. No compensation. 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. B. Sale of artwork. 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. III.TIME OF PERFORMANCE. 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. INSTALLATION. A. Coordination with Curator. 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. Artist shall be responsible for contacting the Gallery Curator between May 3, 2015 and June 3, 2015 to confirm details regarding the installation, removal, publicity, and promotion of the exhibit. Artist's failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. 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, and the Application and Acknowledgements Form attached hereto in Exhibit B, as well as to ensure that such artwork 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 does not meet the criteria set forth in Exhibits.4 and B, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B, 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 ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 2 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. V. DISPLAY. A. Original artwork. 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. B. Photographs of artwork. 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. Use of Artist's name. 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. D. Use of City's name. 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 Chief of Staff. E. Removal of artwork 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 (48) 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 may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. 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. G. Simultaneous display. 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 be determined by the Gallery Curator. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 3 VI. INDEMNIFICATION, WAIVER, AND INSURANCE. 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 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. B. Waiver. 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 may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist's responsibility. 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 all necessary insurance as may be 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. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with or is in default of 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 providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without 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 4 C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non -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. GENERAL PROVISIONS. A. Relationship of Parties. 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. Both 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. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non -Discrimination. 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. D. Entire agreement. 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. Agreement governed by Idaho 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. F. Cumulative rights and remedies. 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 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 competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors 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 ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 5 expertise. All 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. I. Notice. 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: Artist: City: Stephanie Beck Emily Kane 1635 E. Sharons Loop #103 Deputy City Attorney Nampa ID 83646 33 E. Broadway Ave. Meridian ID 83642 Either party may change its respective mailing address 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 20th day of January, 2015. ARTIST: Stephanie Beck CITY OF MERIDIAN: Attest: q Cityof sU: 1. 'I ❑ie T0.f AE� ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 6 Exhibit A Meridian Commission Calf for Artists: 2015 INITIAL 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 2015 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 wail 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 wilt be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. Selectees and invitees may reapply biennially and if selected again, 75% of the display must be artwork that has not been previously displayed in Initial Point Gallery. Small, informal groups of 2-4 artists are encouraged to propose an exhibition including all artists' work. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2015 Initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. Completed, signed Application rt Acknowledgements form; • Letter of intent, including biography of the artist(s) or informational statement regarding organization; • 250 -word informational paragraph about the artist or organization (for use in gallery publicity if selected); • 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.meridiandty.org or upon request. Limited assistance producing digital images may be available upon request. Materials submitted will not be returned. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, October 24, 2014. SELECTION PROCESS: The selection of art for the 2015 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 Halt. 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 and four enclosed pedestals for 3D art; • 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: Meridian Arts Commission Attn; Emily Kane 33 East Broadway Avenue Meridian ID 83642 By e-mail: macCmeridiancity.org Exhibit B MeridiatnCom mission Application £t Acknowledgments: 2015 INITIAL POINT GALLERY SERIES APPLICANT CONTACT INFORMATION Check one: �& I am submitting this application as an individual. ❑ 1 am submitting this application for this organization: ❑ 1 am submitting this application for an informal group: Applicant: Applicant E-mail: Mailing Address: Physical Address: Applicant Phone: APPLICATION OVERVIEW: Check all that apply: W/we propose to fill one half of Initial Point Gallery with two-dimensional artwork. ❑ Uwe propose to fill the entire Initial Point Gallery with two-dimensional artwork. ❑ I/we propose to fill 01 02 03 04 of the display cases with 3D artwork Number of 2D pieces: Ito Average size of 2D pieces: 1l -y.04 f L x! to +-;-1'a.r1,41115 Number of 3D pieces:A , Average size of 3D pieces: Proposed title or theme of show: 'V �a APPLICATION MATERIALS: ❑ Completed, signed Application it Acknowledgements Form. (Informal groups: each artist must sign separate form.) ❑ Biography of artist or informational statement regarding organization, no longer than one 8Yz x 11" page; ❑ A letter of intent, describing: a. Artist/Organization/Group's vision for and/or 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 Artist/Organization/Group plans to undertake if selected; and/or d. Any atypical issues or challenges regarding hanging or display of the works proposed for display. ❑ Up to five digital images of work representational of the artist's/organization/group's work on a CD, resolution of 300 dpi at a minimum size of 5x7", in .jpg format. Please name each image file with organization name or artist's last name and the title of the work (e.g.: name. title.jpg). Materials submitted will. not be returned. Damaged or non-compliant CDs and/or images will not be considered. Images will not be accepted via a -mail. ❑ $35 gallery maintenance fee, check made payable to the Meridian Arts Commission. This fee is nonrefundable. DISPLAY INFORMATION: 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 (fig. 1) on the side rails on the back of the frame (fig. 2). The inside of each D ring must allow a space of at least one-quarter inch C/,") for insertion of the hooks; any wire constricting this space must be removed. The D rings should be approximately a quarter 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 (fig. 3), for displaying three-dimensional artwork. _,��•-i` .. �z'� •F—z'—�= ,ter— 1` I I •I: I_ i� � � i Pinup Nmyina with Two Cabi.. p• 6. lI ✓ FIG. 2. BACK OF FRAME FIG. 3. 3D ART DISPLAY CASES ACKNOWLEDGMENTS: hereby acknowledge the following stipulations and agree that if this proposal is selected f r display at Initial Point Gallery, such display shall occur subject to these general terms and conditions, as well as subject to other specific terms and conditions that shall be set forth in a separate, written Acceptance Agreement between myself and the City of Meridian. I specifically acknowledge that: A. Before my work will be displayed in Initial Point Gallery, I will be required to enter into an Acceptance I ITIA Agreement with the City of Meridian establishing the specific terms and conditions of the display of the particular works displayed. B. If my work is selected for display in Initial Point Gallery, the City of Meridian and its agents will exercise professional care in handling and securing all artwork displayed in Initial Point Gallery, but cannot and will not assume liability for any loss or damage. C. T Any insurance of the artwork displayed in Initial Point Gallery shall be the sole responsibility of the artist. The City of Meridian shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery. D. While artwork displayed in Initial Point Gallery may be passively offered for sale by means of an rNITIAL informational table, board, or handout as provided or allowed by the City of Meridian, no piece displayed in Initial Point Gallery may have a visible price tag. E. I AL While it is intended that each exhibit in Initial Point Gallery will be displayed for a one- to two-month period, this period may be shortened by the City of Meridian for any reason, without notice to the artist or organization. F. =1A The City may display the work of more than one artist or organization in Initial Point Gallery at any time, at the City's sole discretion. G. Artwork submitted for display in Initial Point Gallery must be original works conceived and created A` by the artist (or by artist members of the organization) submitting this application. H. Meridian City Hall is primarily a place of public business and Initial Point Gallery is a public place. The INmAL 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 feet welcome and comfortable. To this end, only artists and artwork meeting the eligibility standards described in the Call for 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. Signature: 1 Print name: r�Y1Ct YIi�Y� Date: Inj 4 To propose an exhibition in Initial Point Gallery, please submit this form, completed in full, with the required materials and fee, via U.S. mail, to: Meridian Arts Commission Attn: Emily Kane 33 East Broadway Avenue Meridian ID 83642 Thank you for your interestl Meridiatn;Com mission Stephanie Beck 1635 E. Sharons Loop #103 Nampa, ID 83686 October 24, 2014 Meridian Arts Commission 33 E. Broadway Ave Meridian, ID 83642 To Whom It May Concern: 1 am submitting this letter to express my interest to display my photographs in the Initial Point Gallery in Meridian City Hall. I'm looking to display 16 photographs, showcasing the theme of Nature. This will include photos of various, animals, plants, flowers, and landscapes in both color and monochrome prints. The photographs will be printed between 11"x14" and 11"x16", on paper, with standard matting and frames. The purchase prices will be $150.00, for 11"x14" and $200.00 for 11"x16". I don't necessarily seek to undertake publicity with this display. I just want to share my passion for photography with all the patrons that visit the gallery. Thank you, Stephanie Beck Stephanie Beck Biography Studying the pages of National Geographic with my Great Grandmother was one of my favorite activities I engaged in. I remember, even at a young age, examining the colors and the details of every photo. I'd imagine what was going on at the moment that photo was shot. The smells, the sounds, and the environment that the photographer was experiencing were left fully up to my imagination. That's when my love of photography started. My grandfather gave me his old, German Voigtlander camera that he got back in the 40's from my Great Grandmother. I was instantly in love. That is the camera I used for my high school photography class. They were teaching us to shoot, develop and print monochrome photos. It was perfect. I always favored black and white photographs. I feel they attract your attention to the detail of the photo, letting your imagination fill in the "blanks." Since high school, I took up miscellaneous odd jobs taking photos for websites and the occasional portrait session. Even though 1 was taking photos, I felt unsatisfied. I finally found my niche taking pictures in nature. The same subjects of the National Geographic magazines I enjoyed as a child. Flowers are definitely my favorite to photograph because I love the details you don't see admiring them from ten feet away. In recent years I've started broadening my focus from flowers to landscapes and animals. Everywhere I go, I have my camera in tow. There have been many occasions where I'd pull over quickly to capture the perfect spur of the moment shot. Last fall it was a baby calf that had just been born. Its mother was cleaning him up and trying to get him to stand up. I was lucky enough to catch the calf standing for the first time. It was absolutely incredible. The last two years, I've been able to travel quite a bit. I've been many places, from the Redwoods in California to beaches in Rhode Island. My camera has been along for every trip. I'm fortunate enough to have a support system in my friends and loved ones. They all really push me to do what I love, photography. Stephanie Beck Informative Paragraph Growing up studyingthe pages of National Geographic, as a small child, with my Great Grandmother is how photography was introduced into my life. The spark was lit. Ever since then, it's been my dream to be one of those photographers, lucky enough to get a shot printed on a page of that magazine. I now know that it's not just luck that gets a photo printed in that magazine. It takes patience, persistence, lots of practice and developing skills, in order land your best photos there. I'm still striving to achieve that dream. Ever since gazing at those magazines, I've developed deep love, appreciation, and passion for the art of photography. I've operated cameras ranging from a 1940's German 35mm Voigtlander, but really honing my skills on my brand new Canon EOS Rebel TSi. I've shot with film and digital media, and even been trained to print my own photos after developing monochrome film. All of those experiences have built my appreciation for photography. For many generations, photography has been a family hobby and even a career. it has been very beneficial to have those people to bounce ideas off of, seek advice from, and even let them critique my photos. My grandfather, who gave me my treasured Voigtlander, is the most critical, but I think he's also my biggest fan. lam honored that I am able to continue the photography legacy in my generation. as M ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the 20th day of January, 2015 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Adam C. Reynolds, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of 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"); WHEREAS, in response to the Call to Artists, Artist did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal"), for the display of artwork in Initial Point Gallery; WHEREAS, on November 6, 2014, the Meridian Arts Commission ("Commission") reviewed the responses to the Call to Artists, selected Artist's work for display based on the Proposal, and recommended to the Meridian City Council that Artist's artwork, as depicted in the Proposal, be displayed in Initial Point Gallery; WHEREAS, at its regular meeting on December 2, 2014, the Meridian City Council adopted such recommendation and directed the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian City Hall 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 Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, 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: I. SCOPE OF SERVICES. Artist shall personally deliver to Initial Point Gallery, on July 3, 2015, at such time as is specified by the Gallery Curator, artwork which shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Artist shall be responsible for hanging such artwork on July 3, 2015 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from July 3, 2015 through July 30, 2015, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on July 31, 2015, at such time as is specified by the Gallery Curator. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 1 II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. 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. B. Sale of artwork. 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. III. TIME OF PERFORMANCE. 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. INSTALLATION. A. Coordination with Curator. 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. Artist shall be responsible for contacting the Gallery Curator between May 3, 2015 and June 3, 2015 to confirm details regarding the installation, removal, publicity, and promotion of the exhibit. Artist's failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. 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, and the Application and Acknowledgements Form attached hereto in Exhibit B, as well as to ensure that such artwork 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 does not meet the criteria set forth in Exhibits A and B, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B, 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 ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 2 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. V. DISPLAY. A. Original artwork. 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. B. Photographs of artwork. 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. Use of Artist's name. 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. D. Use of City's name. 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 Chief of Staff. E. Removal of artwork 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 (48) 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 may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. 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. G. Simultaneous display. 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 be determined by the Gallery Curator. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 3 VI. INDEMNIFICATION WAIVER AND INSURANCE. 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 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. B. Waiver. 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 may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist's responsibility. 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 all necessary insurance as may be 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. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with or is in default of 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 providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without 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 4 C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non -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. GENERAL PROVISIONS. A. Relationship of Parties. 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. Both 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. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non -Discrimination. 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. D. Entire agreement. 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. Agreement governed by Idaho 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. F. Cumulative rights and remedies. 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 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 competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors 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 ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 5 expertise. All 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. I. Notice. 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: Artist: Adam C. Reynolds 2416 E. Deer Point Court Eagle ID 83616 City: Emily Kane Deputy City Attorney 33 E. Broadway Ave. Meridian ID 83642 Either party may change its respective mailing address 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 20th day of January, 2015. ARTIST/ C Ada C. Reynolds CITY OF MERIDIAN: 4W ✓J / .QO,AC V A(]Cli onno Jaycee Ho an, Cler \.� ^ SEA-. k UQ4 y ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 6 Exhibit A MeridiatnCorn mission Call for Artists: 2015 INITIAL 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 2015 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 and invitees may reapply biennially and if selected again, 75% of the display must be artwork that has not been previously displayed in Initial Point Gallery. Small, informal groups of 2-4 artists are encouraged to propose an exhibition including all artists' work. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2015 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; Letter of intent, including biography of the artist(s) or informational statement regarding organization; • 250 -word informational paragraph about the artist or organization (for use in gallery publicity if selected); • 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 will not be returned. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, October 24, 2014. SELECTION PROCESS: The selection of art for the 2015 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 and four enclosed pedestals for 3D art; • 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: Meridian Arts Commission Attn: Emily Kane 33 East Broadway Avenue Meridian ID 83642 By e-mail: mac@meridiancity.org Exhibit B MeridiatneCC mmission Application £t Acknowledgments: 2015 INITIAL POINT GALLERY SERIES APPLICANT CONTACT INFORMATION Check one:am submitting this application as an individual. t9 am submitting this application for this organization: ❑lam Applicant: Applicant E-mail: Mailing Address: Physical Address: Applicant Phone: APPLICATION OVERVIEW: Check all that apply:I/we propose 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. ❑ I/we propose to fill 01 02 03 04 of the display cases with 3D artwork Number of 2D pieces: Average size of 2D pieces: 4 $ X 40 Number of 3D pieces: Average size of 3D pieces: Proposed title or theme of show: lite. F0e� a,s &v rt APPLICATION MATERIALS: 19/ Completed, signed Application ft Acknowledgements Form. (Informal groups: each artist must sign separate form.) 19/ Biography of artist or informational statement regarding organization, no longer than one 81/2 x 11" page; [Q/ A letter of intent, describing: a. Artist/Organization/Group's vision for and/or 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 Artist/Organization/Group plans to undertake if selected; and/or d. Any atypical issues or challenges regarding hanging or display of the works proposed for display. L9/ Up to five digital images of work representational of the artist's/organization/group's work on a CD, resolution of 300 dpi at a minimum size of 5x7, in .jpg format. Please name each image file with organization name or artist's Last name and the title of the work (e.g.: name. title.jpg). Materials submitted will not be returned. Damaged or non-compliant CDs and/or images will not be considered. Images will not be accepted via e-mail. IV $35 gallery maintenance fee, check made payable to the Meridian Arts Commission. This fee is nonrefundable. DISPLAY INFORMATION: 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 (fig. 1) on the side rails on the back of the frame (fig. 2). The inside of each D ring must allow a space of at least one-quarter inch (1/4") for insertion of the hooks; any wire constricting this space must be removed. The D rings should be approximately a quarter 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 (fig. 3), for displaying three-dimensional artwork. Picture NvnpinA.+'PM1 �s� nva Ca Was i t 3• 3'—G" FIG. 2. BACK OF FRAME FIG. 3. 3D ART DISPLAY CASES a z e FIG. 1. D RING Picture NvnpinA.+'PM1 �s� nva Ca Was i t 3• 3'—G" FIG. 2. BACK OF FRAME FIG. 3. 3D ART DISPLAY CASES September 14, 2014 Meridian Arts Commission 33 East Broadway Avenue Meridian ID 83642 Attn. Emily Kane. Dear Ms Kane, I am an ophthalmologist practicing in the Boise area who is also a part time artist My work has been displayed in other national venues and I have lectured about it, but it has never been on display in the Boise area. I was made aware of this opportunity by a patient of mine who works at the gallery and he encouraged me to make an application to the Initial Point Gallery Series. I have done some artwork on commission but am not really putting these up for sale. If someone expressed an interest in a purchase or a commission, I would discuss it. My commissions and auction prices for similar works have been in the $3000-$5000 range. However, my intent is for the art to just be displayed for everyone to enjoy. A large part of these works are from the "Eye as Art" series but they also include one large panoramic landscape, a stained glass piece, and a large postimpressionistic abstract. There are a total of 14 separate original artworks that could be part of the display. There may be another work completed before this showing occurs that is part of the Eye as Art series. I assume these works would probably take up about 1/2 of your gallery space. All except one are acyclic on fiberboard or foam board and most are "shadow box" framed. One is framed stained glass. 1. "Eye as Art" triptych. Three framed acrylic on fiberboard. Each is 20x76 inches. 2. "Eye as Art" quadric. Four framed acrylic on foam board. Each is 18x56 inches. 3. "Black Hole Sun" or "Golden Eye". Acrylic on fiberboard. 56 -inch diameter round. 4. "Eyes of Twilight" triptych. Acrylic on wood. Each 14 -inch diameter round. 5. "Elements". Four panels joined acrylic on fiberboard. Total size is 50x78 inches. Free floating frameless. 6. "Castle Rock from Arch Cape Oregon". Acrylic on foam board. 26x101 inches. 7. "Spoondrift". Framed painted stained glass. 26x48 inches. I am planning on publishing information on this display if it occurs to all ophthalmologists and optometrists in the area as well as their staffs. Many eye clinicians in the area who have been to my home and have seen the Eye as Art series have expressed that I should notify anyone involved in eye care in the area of such a show or display. Besides these works being relatively large a few of them, in particular Black Hole Sun, are quite heavy and hard to move around. I would definitely need help in preparing and transporting and putting back these works that are all currently on display in my home in Eagle. These pieces of art look best under intense lighting to bring out the shadows of the texture. The only piece that really needs something a little different to correctly display is the stained glass piece. It would be best hanging in front of window, or against a backlight of some sort. I look forward to possibly hearing from you about participating in the Initial Point Gallery Series, Sincerely, /C 4j-,10 Adam C. Reynolds MD Biography: Adam C. Reynolds MD has been an ophthalmologist and glaucoma specialist for 20 years practicing in the Boise area for the last 8 years. He graduated from medical school and did his ophthalmology residency through the University of Washington completing his training as a glaucoma sub -specialist at the Dean McGee Eye Institute at the University of Oklahoma in 2000. He worked there as an associate professor of ophthalmology for 7 years, teaching and doing glaucoma surgical research as well as clinical ophthalmology, before moving to the Boise area in 2006. He currently works as a clinical glaucoma specialist for Intermountain Eye Clinics and continues many different academic ophthalmology activities including writing articles and book chapters, lectures, teaching, serving in national ophthalmology leadership positions, and clinical surgical research. Although he had no formal training as an artist Dr. Reynolds' father was a quite well known professional artist in the Pacific Northwest. He was famous for abstract art of various types, production and directing avant garde theater, and was a very sought after portrait painter. He worked as senior art director for the largest advertising agency in the Seattle area during the 19SOs-70s. Dr. Reynolds mother was a professional musician, being a very well known organist and also a cellist with the Seattle symphony during that same time. Dr. Reynolds recalls meeting and interacting with various well-known artists, actors, and musicians from the Pacific Northwest including the famous glass artist Dale Chihuly. All of the artistic influence Dr. Reynolds grew up with was expressed in music early in his life. But the biological sciences and eventually medicine attracted him as a formal career. Throughout his medical endeavors music has continued to have a place, but over the last 1S years artistic expression has come out more in painting. He first started painting these unique impressionist "sculpture" impasto paintings of eye anatomy in 2001, which became the "Eye as Art" series. This series of paintings has had parts of it displayed and presented in talks about his art at various conventions of ophthalmologists. Some of his work has been auctioned at eye physician meetings as donations to foundations, and he has had other works commissioned by eye physicians. His art has also turned in other directions including large panoramic landscapes and stained glass works using designs inspired by Frank Lloyd Wright. He continues to paint variations of the works inspired by the eye, recently working on more "classic" presentations of the eye in partial full face abstract works almost like partial portraits using the same impressionistic techniques. Current plans include very large, almost mural size, of the type of work seen in "Elements". This is a type of abstract postimpressionism expression that he has recently been very interested in exploring further in very large formats. di 113 Nip" !y iy Q iz e ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the 20th day of January, 2015 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Bonnie Peacher ("Organizer"), on behalf of Boise Open Studios Collective Organization (BOSCO) ("Organization"). (City and Organizer may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of 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"); WHEREAS, in response to the Call to Artists, Organizer did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal"), for the display of artwork in Initial Point Gallery; WHEREAS, on November 6, 2014, the Meridian Arts Commission ("Commission") reviewed the responses to the Call to Artists, selected Organization's work for display based on the Proposal, and recommended to the Meridian City Council that Organizion's artwork, as depicted in the Proposal, be displayed in Initial Point Gallery; WHEREAS, at its regular meeting on December 2, 2014, the Meridian City Council adopted such recommendation and directed the Commission to work with Organizer to establish a display of Organization's artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian City Hall 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 Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, 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: I. SCOPE OF SERVICES. Organizer shall personally deliver to Initial Point Gallery, on July 31, 2015, at such time as is specified by the Gallery Curator, artwork which shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Organizer shall be responsible for hanging such artwork on July 31, 2015 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from July 31, 2015 through August 27, 2015, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on August 28, 2015, at such time as is specified by the Gallery Curator. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE I H. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Organizer shall display the artwork of Organization in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Organizer or Organization for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Organizer or Organization 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 artwork; any transaction related to the sale of artwork shall be handled solely by Organizer. Organizer acknowledges the Commission's request that artists voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Organizer may remove such artwork from the Gallery, provided that Organizer replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Organizer shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III.TIME OF PERFORMANCE. Organizer shall provide services described in this Agreement in a timely manner, as described herein. Organizer 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.INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Organizer shall coordinate any and all such activity with the Gallery Curator. Organizer shall be responsible for contacting the Gallery Curator between May 31, 2015 and June 30, 2015 to confirm details regarding the installation, removal, publicity, and promotion of the exhibit. Organizer's failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Organizer for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A, and the Application and Acknowledgements Form attached hereto in Exhibit B, as well as to ensure that such artwork 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 does not meet the criteria set forth in Exhibits A and B, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B, 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 ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 2 the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. V. DISPLAY. A. Original artwork. Organizer warrants that any and all artwork provided by Organizer for display in Initial Point Gallery shall be, and is, original work conceived and created by members of Organization. B. Photographs of artwork. 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, Organizer 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. Use of names. Organizer hereby conveys to City permission to use Organization's and its members' names for purposes of advertising, marketing, and public information, without violation of Organization's or its members' rights of privacy or any other rights Organization or its members may possess under this Agreement, provided that City shall not use Organization's logo(s), if any, for any purpose without the express, written permission of Organizer. D. Use of City's name. City hereby conveys to Organization 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 neither Organizer nor its members shall use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. E. Removal of artwork by City. City shall have the right to remove 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 (48) hours, City shall notify Organizer in the manner set forth herein. While it is intended that Organization's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason without notice. F. Removal of artwork by Organization. Organizer 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. G. Simultaneous display. 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 be determined by the Gallery Curator. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 3 VI. INDEMNIFICATION, WAIVER, AND INSURANCE. A. Indemnification. Organizer, Organization, and Organization's members, shall, and hereby do, 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 all losses and expenses caused or incurred by Organizer, Organization, Organization's members, or such parties' volunteers, servants, agents, employees, guests, and/or business invitees. B. Waiver. Organizer and Organization shall, and hereby do, 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 Organizer's or Organization's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance is Organization's responsibility. 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 Organization or its members in the furtherance of the respective rights or obligations described herein. Insurance of the artwork; of the Organization's or its members' persons, property, or interests; and/or of the Organization's or its members' employees or agents shall be the sole responsibility of Organization. Organization or its members shall obtain all necessary insurance as may be required in order to protect those parties' insurable interests for their 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. Organization 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. VTI. TERMINATION. A. Termination for cause. If City determines that Organizer, Organization, or any of its members have failed to comply with or are in default of 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 providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Organizer. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 4 C. Termination upon death or incapacity of Organizer. This Agreement shall automatically terminate upon the death or incapacity of Organizer. D. Non -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. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Organizer, Organization, and Organization's members are independent parties and not employees, agents, joint venturers, or partners of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Organizer, Organization, or its members and City or between Organizer, Organization, or its members and any official, agent, or employee of City. Both parties acknowledge that neither Organizer, nor Organization, nor Organization's members are employees of City. Organizer, Organization, and Organization's members shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Organizer, Organization, and Organization's members shall comply with any and all applicable federal, state, and local laws. C. Non-discrimination. In fulfilling or exercising any right or obligation under this Agreement, neither Organizer nor Organization shall discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. 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. Agreement governed by Idaho Iaw. 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. F. Cumulative rights and remedies. 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 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 competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 5 H. Successors and assigns. Organization shall not subcontract or assign any of Organization's obligations under this Agreement that require or that may require their artistic talent or expertise. Organization may subcontract or assign obligations that do not require artistic talent or expertise. All 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. I. Notice. 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: Organizer: City: Bonnie Peacher Emily Kane Boise Open Studios Collective Organization (BOSCO) Deputy City Attorney 1775 W. State Street #142 33 E. Broadway Ave. Boise ID 83702 Meridian ID 83642 Either party may change its respective mailing address by giving written notice of such change in the manner herein provided. J. Warranty of authority. Organizer expressly warrants that, to the extent set forth herein, Organizer is duly authorized to act as the representative and agent of Organization and of each and all of its members. Organizer further warrants that Organizer is authorized to bind Organization and its members and principals to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Organization and its members and principals. K. 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 20th day of January, 2015. ARTIST: vrP@oAU��w CITY OF MERIDIAN: amore Mayor V, SEAT j7aycggCQlmhn, City Clerk eTa e�T]Ii � ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 6 Exhibit A Meridian 1 Commission Call for Artists: 2015 INITIAL 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 2015 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 safety 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 and invitees may reapply biennially and if selected again, 75% of the display must be artwork that has not been previously displayed in Initial Point Gallery. Small, informal groups of 2-4 artists are encouraged to propose an exhibition including all artists' work. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2015 Initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. Completed, signed Application 8: Acknowledgements form; • Letter of intent, including biography of the artist(s) or informational statement regarding organization; • 250 -word informational paragraph about the artist or organization (for use in gallery publicity if selected); • 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 will not be returned. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, October 24, 2014. SELECTION PROCESS: The selection of art for the 2015 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 and four enclosed pedestals for 3D art; • 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: Meridian Arts Commission Attn: Emily Kane 33 East Broadway Avenue Meridian ID 83642 By e-mail: macCmeridiancity.org Exhibit B Meridian Commission Application It Acknowledgments: 2015 INITIAL POINT GALLERY SERIES APPLICANT CONTACT INFORMATION Check one: ❑ 1 am submitting this application as an individual. ,K I am submitting this application for this organization: &Le (ivy» Stud io5 tfa •1 Pc"f"r'Vr!!ph. ❑ 1 am submitting this application for an informal group: T Z9 i ; a y O Applicant: Applicant E-mail: Mailing Address: Physical Address: Applicant Phone: APPLICATION OVERVIEW: Check alt that apply: ❑ I/we propose to fill one half of Initial Point Gallery with two-dimensional artwork. ✓J� �w propose to fill the entire Initial Point Gallery with two-dimensional artwork. "Vpropose to fill ❑ 1 ❑ 2 ❑ 34 of the display cases with 3D artwork Number of 2D pieces: 3D 1Ct0 Average size of 2D pieces: Number of 3D pieces:— Average size of 3D pieces: i.s t !1 �eln•a;vOn;�hfe�� 4 o Proposed title or theme of show: Czts'N5 APPLICATION MATERIALS: Completed, signed Application Et Acknowledgements Form. (Informal groups: each artist must sign separate form.) 2� Biography of artist or informational statement regarding organization, no longer than one 81/2 x 11" page; A letter of intent, describing: a. Artist/Organization/Group's vision for and/or 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 Artist/Organization/Group plans to undertake if selected; and/or. d. Any atypical issues or challenges regarding hanging or display of the works proposed for display. ❑ Up to five digital images of work representational of the artist's/organization/group's work on a CD, resolution of 300 dpi at a minimum size of 5x7", in .jpg format. Please name each image file with organization name or artist's last name and the title of the work (e.g.: name.title.jpg). Materials submitted will not be returned. Damaged or non-compliant CDs and/or images will not be considered. Images will not be accepted via e-mail. ❑ $35 gallery maintenance fee, check made payable to the Meridian Arts Commission. This fee is nonrefundable. DISPLAY INFORMATION: 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 (fig. 1) on the side rails on the back of the frame (fig. 2). The inside of each D ring must allow a space of at least one-quarter inch (%") for insertion of the hooks; any wire constricting this space must be removed. The D rings should be approximately a quarter 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 (fig. 3), for displaying three-dimensional artwork. I2 /i , — X o SIS- FIG. 2. BACK OF FRMfE FIG. 3. 3D ART DISPLAY CASES ACKNOWLEDGMENTS: I, &4 rj j �L j' (?6J e V , hereby acknowledge the following stipulations and agree that if this proposal is selected for display at Initial Point Gallery, such display shalt occur subject to these general terms and conditions, as well as subject to other specific terms and conditions that shalt be set forth in a separate, written Acceptance Agreement between myself and the City of Meridian. I specifically acknowledge that: 017A. `' A. Before my work will be displayed in Initial Point Gallery, I will be required to enter into an Acceptance t 'th th C't f M 'd' t kill 11; th f' t d A" f th d' I A 1 do acknowlc conditions. Signature: Date: oregoing stipulations and do agree to these general terms and Print name: Jia a t7 i <,— &_.+ e &5) To propose an exhibition in Initial Point Gallery, please submit this form, completed in full, with the required materials and fee, via U.S. mail, to: Meridian Arts Commission Attn: Emily Kane 33 East Broadway Avenue Meridian ID 83642 Thank you for your interest! MeridiatnCornrnissi on greemen vn e y o en pan es a s mg a spen is erms an coni ons o e isp ay of the particular works displayed. B. If my work is selected for display in Initial Point Gallery, the City of Meridian and its agents will Ll A` exercise professional care in handling and securing all artwork displayed in Initial Point Gallery, but cannot and will not assume liability for any toss or damage. C. Any insurance of the artwork displayed in Initial Point Gallery shall be the sole responsibility of the C-IRITIAL artist. The City of Meridian shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery. W101TIALD. While artwork displayed in Initial Point Gallery may be passively offered for sale by means of an informational table, board, or handout as provided or allowed by the City of Meridian, no piece displayed in Initial Point Gallery may have a visible price tag. WLINIA. While it is intended that each exhibit in Initial Point Gallery will be displayed for a one- to two-month period, this period may be shortened by the City of Meridian for any reason, without notice to the artist or organization. F. 1111YAL The City may display the work of more than one artist or organization in Initial Point Gallery at any time, at the City's sole discretion. G. Artwork submitted for display in Initial Point Gallery must be original works conceived and created ` by the artist (or by artist members of the organization) submitting this application. H. Meridian City Halt is primarily a place of public business and Initial Point Gallery is a public place. The A` 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 feet welcome and comfortable. To this end, only artists and artwork meeting the eligibility standards described in the Call for Artists and following the terms set forth in the Acceptance Agreement shall be displayed in Initial Point Gallery. 1 do acknowlc conditions. Signature: Date: oregoing stipulations and do agree to these general terms and Print name: Jia a t7 i <,— &_.+ e &5) To propose an exhibition in Initial Point Gallery, please submit this form, completed in full, with the required materials and fee, via U.S. mail, to: Meridian Arts Commission Attn: Emily Kane 33 East Broadway Avenue Meridian ID 83642 Thank you for your interest! MeridiatnCornrnissi on Boise Open Studios Collective Organization (BOSCO) 1775 W. State St. #142 Boise, ID 83702 November 8, 2014 Meridian Arts Commission Attn: Emily Kane 33 East Broadway Avenue Meridian, ID 83642 Dear Meridian Arts Council: We respectfully request your consideration of our application for a one or two month 2 & 3 dimensional artwork exhibition during 2015 in the Initial Point Gallery. BOSCO is a non-profit volunteer organization dedicated to the visual arts. Established to promote and foster greater understanding of the creative process between artists and the general public, our goals include: Providing a forum for professional artists to share ideas and concepts that enhance creative endeavors and give artistic and intellectual support. Serving as a bridge between artists, collectors and the public. Hosting open studios events for the public featuring a weekend -long opportunity to visit member artists' studios. • We plan on a exhibition of two and thee dimensional work, with a theme (TBD) to make it a cohesive show. • 30-35 2-dimensional and 4-12 3-dimensional works will be displayed Sizes will vary as will prices. Many mediums will be represented as we have over forty members. (Additional information about BOSCO can be obtained by visiting our website boiseopenstudios.com) • Publicity/marketing will be mostly social media such as Facebook and our email contact lists. Will also post in Boise Weekly and Idaho Statesman's Scene magazine. No issues/challenges regarding hanging work. BOSCO would love the opportunity to exhibit in the Initial Point Gallery. Thank you for considering us. Sincerely, &tt Bonnie Peacher BOSCO President About BOSCO BOSCO is a non-profit volunteer organization dedicated to the visual arts. Established to promote and foster greater understanding of the creative process between artists and the general public, our goals include: Providing a forum for professional artists to share ideas and concepts that enhance creative endeavors and give artistic and intellectual support. Serving as a bridge between artists, collectors and the public. Hosting open studios events for the public featuring a weekend -long opportunity to visit member artists' studios. BOSCO members participate in Boise's arts community in many ways. As teachers (Karen Bubb, Sue Latta, Amy Nack, John Killmaster, Tarmo Watia, Lisa Cheney, Lynn Fraley, Sue Rooke, Delia Dante) As contributors to Boise's Public Arts collections (Marianne Konvalinka, Rachel Teannalach, Amy Nack, Tarmo Watia, Sue Latta, Julie Clemons, Bonnie Peacher, Pam McKnight) And through the Open Studios Tour, the goal of which is to serve as a bridge between artists and the public. Annual events Open Studios Weekend: The second weekend of October every year. This event gives the public an opportunity to watch artists at work and see where we create. Meet a diverse group of local artists working in their chosen media — paint, metal, fiber, glass, ceramics, photography, encaustic, printmaking, batik, assemblage, book arts and more. Membership Drive: New members are juried annually in April by an independent outside juror 2014 Board • Bonnie Peacher, President • Marianne Konvalinka, Vice -President • Anne Watson Sorensen, Treasurer • Delia Dante, Secretary • Lisa Cheney • Lauren Kistner 0 Sue Rooke ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the 20th day of January, 2015 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Mark Rezansoff, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of 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"); WHEREAS, in response to the Call to Artists, Artist did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal"), for the display of artwork in Initial Point Gallery; WHEREAS, on November 6, 2014, the Meridian Arts Commission ("Commission") reviewed the responses to the Call to Artists, selected Artist's work for display based on the Proposal, and recommended to the Meridian City Council that Artist's artwork, as depicted in the Proposal, be displayed in Initial Point Gallery; WHEREAS, at its regular meeting on December 2, 2014, the Meridian City Council adopted such recommendation and directed the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian City Hall 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 Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, 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: I. SCOPE OF SERVICES. Artist shall personally deliver to Initial Point Gallery, on August 28, 2015, at such time as is specified by the Gallery Curator, artwork which shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Artist shall be responsible for hanging such artwork on August 28, 2015 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from August 28, 2015 through October 1, 2015, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on October 2, 2015, at such time as is specified by the Gallery Curator. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 1 II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. 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. B. Sale of artwork. 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. III. TIME OF PERFORMANCE. 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. INSTALLATION. A. Coordination with Curator. 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. Artist shall be responsible for contacting the Gallery Curator between June 28, 2015 and July 28, 2015 to confirm details regarding the installation, removal, publicity, and promotion of the exhibit. Artist's failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. 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, and the Application and Acknowledgements Form attached hereto in Exhibit B, as well as to ensure that such artwork 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 does not meet the criteria set forth in Exhibits A and B, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B, 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 ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 2 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. V. DISPLAY. A. Original artwork. 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. B. Photographs of artwork. 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. Use of Artist's name. 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. D. Use of City's name. 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 Chief of Staff. E. Removal of artwork 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 (48) 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 may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. 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. G. Simultaneous display. 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 be determined by the Gallery Curator. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 3 VI. INDEMNIFICATION WAIVER AND INSURANCE. 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 and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incuned by Artist or Artist's servants, agents, employees, guests, and/or invitees. B. Waiver. 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 may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist's responsibility. 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 all necessary insurance as may be 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. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with or is in default of 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 providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without 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 4 C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non -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. GENERAL PROVISIONS. A. Relationship of Parties. 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. Both 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. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non -Discrimination. 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. D. Entire agreement. 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. Agreement governed by Idaho 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. F. Cumulative rights and remedies. 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 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 competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors 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 ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 5 expertise. All 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. I. Notice. 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: Artist: Mark Rezansoff 528 W. Valentino Street Meridian ID 83646 City: Emily Kane Deputy City Attorney 33 E. Broadway Ave. Meridian ID 83642 Either party may change its respective mailing address 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 20th day of January, 2015. ARTIST: Marl Rezansoff CITY OF MERIDIAN: BY: Tammy dem yrd, Mayor 3 r Attest: Ja ee H pan, City Clerk Alf EVE11 A N & �" Fq 4�?i �M1c inlN�..f ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 6 Exhibit A Meridian I Commission Call for Artists: 2015 INITIAL 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 2015 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 and invitees may reapply biennially and if selected again, 75% of the display must be artwork that has not been previously displayed in Initial Point Gallery. Small, informal groups of 2-4 artists are encouraged to propose an exhibition including all artists' work. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2015 Initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. • Completed, signed Application l3 Acknowledgements form; • Letter of intent, including biography of the artist(s) or informational statement regarding organization; 250 -word informational paragraph about the artist or organization (for use in gallery publicity if selected); 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 will not be returned. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, October 24, 2014. SELECTION PROCESS: The selection of art for the 2015 Initial Point Gallery Series will be made by MAC. MAC wilt 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 and four enclosed pedestals for 3D art; • 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: Meridian Arts Commission Attn: Emily Kane 33 East Broadway Avenue Meridian ID 83642 By e-mail: macCmeridiancity.org Exhibit B Meridiatn-C ommission Application £t Acknowledgments: 2015 INITIAL POINT GALLERY SERIES APPLICANT CONTACT INFORMATION Check one: '56 1 am submitting this application as an individual. ❑ 1 am submitting this application for this organization: ❑lam Applicant: Applicant E-mail: Mailing Address: Physical Address: Applicant Phone: APPLICATION OVERVIEW: Check all that apply: ❑ I/we propose to fill one half of Initial Point Gallery with two-dimensional artwork. 50 I/we propose to fill the entire Initial Point Gallery with two-dimensional artwork. ❑ I/we ro ®se to fill ❑l 02 03 04 of the display cases with 3D artwork Number of 2D pieces: Average size of 2D pieces:�C' ' Number of 3D pieces: Average size of 3D pieces: Proposed title or theme of show: Lalv-,/%b L 4?k I f�% I-nv vH APPLICATION MATERIALS: ❑ Completed, signed Application 8: Acknowledgements Form. (Informal groups: each artist must sign separate form.) ❑ Biography of artist or informational statement regarding organization, no longer than one 8/2 x 11" page; ❑ A letter of intent, describing: a. Artist/Organization/Group's vision for and/or 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 Artist/Organization/Group plans to undertake if selected; and/or d. Any atypical issues or challenges regarding hanging or display of the works proposed for display. ❑ Up to five digital images of work representational of the artist's/organization/group's work on a CD, resolution of 300 dpi at a minimum size of 5x7", in .jpg format. Please name each image file with organization name or artist's last name and the title of the work (e.g.: name. title. jpg). Materials submitted will not be returned. Damaged or non-compliant CDs and/or images will not be considered. Images will not be accepted via a -mail. ❑ $35 gallery maintenance fee, check made payable to the Meridian Arts Commission. This fee is nonrefundable. DISPLAY INFORMATION: 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 (fig. 1) on the side rails on the back of the frame (fig. 2). The inside of each D ring must allow a space of at least one-quarter inch (1/4") for insertion of the hooks; any wire constricting this space must be removed. The D rings should be approximately a quarter 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 (fig. 3), for displaying three-dimensional artwork. PISNre Han91n9 miN llvo Cables FIG. 2. BACK OF FRAME 1-2' 2' � FIG. 3. 3D ART DISPLAY CASES ACKNOWLEDGMENTS: g. UV14— rr 1� ; 'tel` I, f hereby acknowledge the following stipulations and agree that if this proposal is selected for display at Initial Point Gallery, such display shalt occur subject to these general terms and conditions, as well as subject to other specific terms and conditions that shalt be set forth in a separate, written Acceptance between myself and the City of Meridian. I specifically acknowledge that: � gAgreement \,"" A. Before be displayed in Initial Point Gallery, my work wilt I will be required to enter into an Acceptance INITIAL Agreement with the City of Meridian establishing the specific terms and conditions of the display of the particular works displayed. " l 1_B. If my work is selected for display in Initial Point Gallery, the City of Meridian and its agents will INITIAL exercise professional care in handling and securing all artwork displayed in Initial Point Gallery, but cannot and will not assume liability for any loss or damage. Any insurance of the artwork displayed in Initial Point Gallery shalt be the sole responsibility of the INITIAL artist. The City of Meridian shall not provide insurance to cover toss, theft, or damage of artwork displayed in Initial Point Gallery. 4 _ S5 " �D. While artwork displayed in Initial Point Gallery may be passively offered for sale by means of an INITIAL informational table, board, or handout as provided or allowed by the City of Meridian, no piece displayed in Initial Point Gallery may have a visible price tag. '�== L—E. White it is intended that each exhibit in Initial Point Gallery wilt be displayed for a one- to two-month INITIAL period, this period may be shortened by the City of Meridian for any reason, without notice to the artist or organization. F. The City may display the work of more than one artist or organization in Initial Point Gallery at any INITIAS time, at the City's sole discretion. QQ J_ "�G. Artwork submitted for display in Initial Point Gallery must be original works conceived and created INITIAL by the artist (or by artist members of the organization) submitting this application. H. Meridian City Halt is primarily a place of public business and Initial Point Gallery is a public place. The INITIAL 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 for Artists and following the terms set forth in the Acceptance Agreement shalt 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. / �c Signature: � i %X Print name: !" tri,/Al / Date: C 0 7- / W To propose an exhibition in Initial Point Gallery, please submit this form, completed in full, with the required materials and fee, via U.S. mail, to: Meridian Arts Commission Attn: Emily Kane 33 East Broadway Avenue Meridian ID 83642 Thank you for your interest! Meridian Commission m -m Artist biography I bought my first film SLR camera while in the Persian Gulf serving in the US Navy. I took pictures of everything I saw and eventually got better putting to film what my eye saw. Fast forward 10 years when digital cameras became more affordable, I bought a little point and shoot camera and again I shot everything I saw. Thousands of pictures later I started to get the other components of photography to sink in; aperture, shutter speed and ISO. I mostly shoot landscape photos but I like to challenge myself to shoot in whatever situation is in front of me. I am mostly self-taught, making a lot of mistakes and missing a lot of photos through the years. Today I shoot with a Nikon DSLR. I really love the wide format panorama prints, the ones you can print at six feet wide or wider. I love venturing out in my Jeep and finding a picturesque vista and taking a several shot panorama of it. I spend my weekends in my Jeep with my family out on some trail in the Owyhee desert. I get most of my photos while in my Jeep, these are pictures that most pavement locked people aren't privy to. This year I had the opportunity to attend my first photography conference in Las Vegas, Photoshop World. It ignited my desire to spend more time taking pictures and hone my skills as a photographer. I hope you enjoy getting to see some of the places I have seen. \'-J"k V v d Mark Rezansoff Letter of Intent A. My vision or theme for the display will be mostly very large panoramic prints. I would love to fill the gallery with six foot wide and wider prints. I would still like to display some of my other works, ones that are in the standard size (11x14, 16x20, 20x30), but the majority will be very large prints. B. Five prints 6' x 2' at $1100 each, Three prints 11x3' at $200, One print 12'x 4' at $2500, Eight prints 16x20 at $350 each and Twelve prints 11x14 at $225 C. The only publicity I will undertake will be the announcement on social media and my personal website. D. I can't think of any challenges in hanging the pictures. ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the 20th day of January, 2015 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and John M. Septien, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of 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"); WHEREAS, in response to the Call to Artists, Artist did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal"), for the display of artwork in Initial Point Gallery; WHEREAS, on November 6, 2014, the Meridian Arts Commission ("Commission") reviewed the responses to the Call to Artists, selected Artist's work for display based on the Proposal, and recommended to the Meridian City Council that Artist's artwork, as depicted in the Proposal, be displayed in Initial Point Gallery; WHEREAS, at its regular meeting on December 2, 2014, the Meridian City Council adopted such recommendation and directed the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian City Hall 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 Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, 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: I. SCOPE OF SERVICES. Artist shall personally deliver to Initial Point Gallery, on August 28, 2015, at such time as is specified by the Gallery Curator, artwork which shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Artist shall be responsible for hanging such artwork on August 28, 2015 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from August 28, 2015 through October 1, 2015, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on October 2, 2015, at such time as is specified by the Gallery Curator. ACCEPTANCE AGREEMENT INn7AL POINT GALLERY DISPLAY PAGE I H. COMPENSATION AND SALE OF ARTWORK. A. No compensation. 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. B. Sale of artwork. 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. III.TimE OF PERFORMANCE. 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. INSTALLATION. A. Coordination with Curator. 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. Artist shall be responsible for contacting the Gallery Curator between June 28, 2015 and July 28, 2015 to confirm details regarding the installation, removal, publicity, and promotion of the exhibit. Artist's failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. 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, and the Application and Acknowledgements Form attached hereto in Exhibit B, as well as to ensure that such artwork 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 does not meet the criteria set forth in Exhibits A and B, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B, 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 ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 2 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. V. DISPLAY. A. Original artwork. 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. B. Photographs of artwork. 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. Use of Artist's name. 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. D. Use of City's name. 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 Chief of Staff. E. Removal of artwork 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 (48) 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 may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. 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. G. Simultaneous display. 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 be determined by the Gallery Curator. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 3 VI. INDEMNIFICATION, WAIVER, AND INSURANCE. 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 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. B. Waiver. 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 may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist's responsibility. 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 all necessary insurance as may be 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. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with or is in default of 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 Parry shall have the right to terminate the Agreement by providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without 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 4 C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non -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. GENERAL PROVISIONS. A. Relationship of Parties. 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. Both 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. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non -Discrimination. 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. D. Entire agreement. 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. Agreement governed by Idaho law. The laws of the State of Idaho shall govem the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. 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 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 competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors 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 ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 5 expertise. All 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. I. Notice. 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: Artist: John M. Septien 24891 Hoskins Road Wilder ID 83676 Cw Emily Kane Deputy City Attorney 33 E. Broadway Ave. Meridian ID 83642 Either party may change its respective mailing address 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 20th day of January, 2015. Im CITY OF BY: Tammy de� rd, Mayor ¢e°` AU°�' sem° cI Y of ANt Attest: OA a a cee o man, City Clerk d SF W Q F HT6R °A<Ae T0.AA"zO' ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 6 Exhibit A Meridian Commission Ca(( for Artists: 2015 INITIAL 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 2015 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, originat 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 and invitees may reapply biennially and if selected again, 75% of the display must be artwork that has not been previously displayed in Initial Point Gallery. Small, informal groups of 2-4 artists are encouraged to propose an exhibition including all artists' work. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2015 Initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. • Completed, signed Application 13 Acknowledgements form; • Letter of intent, including biography of the artist(s) or informational statement regarding organization; 250 -word informational paragraph about the artist or organization (for use in gallery publicity if selected); • 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 will not be returned. DEADLINE: All proposals must be received by MAC by 5:00 p.m, on Friday, October 24, 2014. SELECTION PROCESS: The selection of art for the 2015 Initial Point Gallery Series wilt 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 and four enclosed pedestals for 3D art; • 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: Meridian Arts Commission Attn: Emily Kane 33 East Broadway Avenue Meridian ID 83642 By e-mail: mac@meridiancity.org Exhibit B Meridian Commission Application £t Acknowledgments: 2015 INITIAL POINT GALLERY SERIES APPLICANT CONTACT INFORMATION Check one: j5 I am submitting this application as an individual. 111 am submitting this application for this organization:. 111 am Applicant: Applicant E-mail: Mailing Address: Physical Address: Applicant Phone: APPLICATION OVERVIEW: Check all that apply: ❑ I/we propose 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. t' I/we propose to fill ❑l 112 03 9144 of the display cases with 3D artwork Number of 2D pieces: Average size of 2D pieces: Number of 3D pieces: Average size of 3D pieces: /0 M)X 2� ' Proposed title or theme of show: I f�dMay� APPLICATION MATERIALS: [X Completed, signed Application & Acknowledgements Form. (Informal groups: each artist must sign separate form.) ❑ Biography of artist or informational statement regarding organization, no longer than one 81/2 x 11" page; ❑ A letter of intent, describing: a. Artist/Organization/Group's vision for and/or 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 Artist/Organization/Group plans to undertake if selected; and/or d. Any atypical issues or challenges regarding hanging or display of the works proposed for display. ❑ Up to five digital images of work representational of the artist's/organization/group's work on a CD, resolution of 300 dpi at a minimum size of 5x7", in .jpg format. Please name each image file with organization name or artist's last name and the title of the work (e.g.: name.title.jpg). Materials submitted wilt not be returned. Damaged or non-compliant CDs and/or images witl not be considered. Images will not be accepted via a -mail. ❑ $35 gallery maintenance fee, check made payable to the Meridian Arts Commission. This fee is nonrefundable. DISPLAY INFORMATION: 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 (fig. 1) on the side rails on the back of the frame (fig. 2). The inside of each D ring must allow a space of at least one-quarter inch (/,") for insertion of the hooks; any wire constricting this space must be removed. The D rings should be approximately a quarter 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 (fig. 3), for displaying three-dimensional artwork. plC Han9lno abh Tva Cabloa FIG. 2. BACK OF FRAME I FIG. 3. 3D ART DISPLAY CASES ACKNO 'EDGMENTS: ;. I, hereby acknowledge the following stipulations and agree that if this proposal is seieCted for ispla at Initial Point Gallery, such display shall occur subject to these general terms and conditions, as well as subj ct to other specific terms and conditions that shall be set forth in a separate, written Acceptance Agreement between myself and the City of Meridian. I specifically acknowledge that: A. Before my work will be displayed in Initial Point Gallery, I will be required to enter into an Acceptance INITI L Agreement with the City of Meridian establishing the specific terms and conditions of the display of the particular works displayed. fTf B. NRIAL U& C. INITIAL If my work is selected for display in Initial Point Gallery, the City of Meridian and its agents wilt exercise professional care in handling and securing all artwork displayed in Initial Point Gallery, but cannot and will not assume liability for any loss or damage. Any insurance of the artwork displayed in Initial Point Gallery shall be the sole responsibility of the . artist. The City of Meridian shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery. D. While artwork displayed in Initial Point Gallery may be passively offered for sale by means of an informational table, board, or handout as provided or allowed by the City of Meridian, no piece displayed in Initial Point Gallery may have a visible price tag. E. While it is intended that each exhibit in Initial Point Gallery will be displayed for a one- to two-month INITIAL period, this period may be shortened by the City of Meridian for any reason, without notice to the artist or organization. 4u& F. The City may display the work of more than one artist or organization in Initial Point Gallery at any (TIAL time, at the City's sole discretion. G. Artwork submitted for display in Initial Point Gallery must be original works conceived and created INITIAL by the artist (or by artist members of the organization) submitting this application. H. Meridian City Hall is primarily a place of public business and Initial Point Gallery is a public place. The N AAL 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 for Artists and following the terms set forth in the Acceptance Agreement shall be displayed in Initial Point Gallery. I do acknowled4andnderstand ea and alt of the foregoing stipulation and do agree to these general terms and conditions.%Signature:Print nameDate: To propose an exhibition in Initial Point Gallery, please submit this form, completed in full, with the required materials and fee, via U.S. mail, to: Meridian Arts Commission Attn: Emily Kane 33 East Broadway Avenue Meridian ID 83642 Thank you for your interests MeridiatnC ommission My art covers a large variety of subjects and interests. I have moved through phases of wildlife, abstract non-representational, abstract representational, kinetic, found object and back again. At present I am sketching and accumulating material for functional rustic/industrial furniture. I never know what I am going to see that will give me an idea for the next project. I look at my sketches, file of images, magazine cut outs and think "so many ideas and so little time"! Then there is, of course, that time during the early hours of the morning, when the brain is not sure it is asleep or awake or somewhere in-between. A solution to a sculptural problem or a new idea will come from the depths of the subconscious and ring through the haze and I know if I don't get it on paper right then ... it will be gone when I fully wake. Ah, hence the sketch pad or notebook on the night stand! John M. Septien Metal ARtist Johns-ARt.com Z W CL W ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the 20th day of January, 2015 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Lori K. Seale, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of 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"); WHEREAS, in response to the Call to Artists, Artist did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal"), for the display of artwork in Initial Point Gallery; WHEREAS, on November 6, 2014, the Meridian Arts Commission ("Commission") reviewed the responses to the Call to Artists, selected Artist's work for display based on the Proposal, and recommended to the Meridian City Council that Artist's artwork, as depicted in the Proposal, be displayed in Initial Point Gallery; WHEREAS, at its regular meeting on December 2, 2014, the Meridian City Council adopted such recommendation and directed the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian City Hall 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 Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, 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: I. SCOPE OF SERVICES. Artist shall personally deliver to Initial Point Gallery, on October 2, 2015, at such time as is specified by the Gallery Curator, artwork which shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Artist shall be responsible for hanging such artwork on October 2, 2015 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from October 2, 2015 through October 29, 2015, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on October 30, 2015, at such time as is specified by the Gallery Curator. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE I II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. 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. B. Sale of artwork. 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. III. TIME OF PERFORMANCE. 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. INSTALLATION. A. Coordination with Curator. 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. Artist shall be responsible for contacting the Gallery Curator between August 2, 2015 and September 2, 2015 to confirm details regarding the installation, removal, publicity, and promotion of the exhibit. Artist's failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. 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, and the Application and Acknowledgements Form attached hereto in Exhibit B, as well as to ensure that such artwork 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 does not meet the criteria set forth in Exhibits A and B, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B, 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 ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 2 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. V. DISPLAY. A. Original artwork. 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. B. Photographs of artwork. 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. Use of Artist's name. 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. D. Use of City's name. 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 Chief of Staff. E. Removal of artwork 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 (48) 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 may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. 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. G. Simultaneous display. 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 be determined by the Gallery Curator. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 3 VI. INDEMNIFICATION, WAIVER, AND INSURANCE. 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 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. B. Waiver. 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 may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist's responsibility. 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 all necessary insurance as may be 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. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with or is in default of 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 providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without 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 4 C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non -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. GENERAL PROVISIONS. A. Relationship of Parties. 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. Both 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. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non -Discrimination. 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. D. Entire agreement. 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. Agreement governed by Idaho 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. F. Cumulative rights and remedies. 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 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 competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors 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 ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 5 expertise. All 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. I. Notice. 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: Artist: Lori K. Seale 5620 S. Maverick Avenue Boise ID 83709 City: Emily Kane Deputy City Attorney 33 E. Broadway Ave. Meridian ID 83642 Either party may change its respective mailing address 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 20th day of January, 2015. ARTIST: Lor' K. Seale CITY OF MERIDIAN: BY: Tammy d erd, IMayor Attest: z I r..�.- 9� 1 IANC V "10" m SEAL PR °l tAe YIIE�S\,0. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 6 Exhibit A Meridian 1 Commission Ca(( for Artists: 2015 INITIAL 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 2015 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 sates 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 and invitees may reapply biennially and if selected again, 75% of the display must be artwork that has not been previously displayed in Initial Point Gallery. Small, informal groups of 2-4 artists are encouraged to propose an exhibition including all artists' work. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2015 Initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. • Completed, signed Application 8: Acknowledgements form; • Letter of intent, inctuding biography of the artist(s) or informational statement regarding organization; 250 -word informational paragraph about the artist or organization (for use in gallery publicity if selected); 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 will not be returned. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, October 24, 2014. SELECTION PROCESS: The selection of art for the 2015 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 Hatt. 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 and four enclosed pedestals for 3D art; • 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: Meridian Arts Commission Attn: Emily Kane 33 East Broadway Avenue Meridian ID 83642 By e-mail: mac@meridiancity.org Exhibit B MeridiatnCom mission Application Et Acknowledgments: 2015 INITIAL POINT GALLERY SERIES APPLICANT CONTACT INFORMATION Check one:Yyj I am submitting this application as an individual. 'LL77 1 am submitting this application for this organization: ❑ I am submitting this application for n informal group: Applicant: l .c ✓ i ' 1Z �. ex,, If ; Applicant E-mail: _ L -K <,-4)e IQ i v, Syi. eo vi-, Mailing Address: h a �n d S Mg v r✓; K /a Physical Address: Applicant Phone: Day: �Jqe_ Lf--7ga Evening: APPLICATION OVERVIEW: Check all that apply:/we propose to fill one half of Initial Point Gallery with two-dimensional artwork. I TI/we propose to fill the entire Initial Point Gallery with two-dimensional artwork. ❑ Uwe propose to fill C31 02 03 O4 of the display cases with 3D @rtwork Number of 2D pieces: O Average size of 2D pieces: Number of 3D pieces: Average size of 3D pieces: Proposed title or theme of show: APPLICATION MATERIALS: Completed, signed Application 8 Acknowledgements Form. (Informal groups: each artist must sign separate form.) Biography of artist or informational statement regarding organization, no longer than one 8114 x 11" page; �t7 A letter of intent, describing: a. Artist/Organization/Group's vision for and/or 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 Artist/Organization/Group plans to undertake if selected; and/or d. Any atypical issues or challenges regarding hanging or display of the works proposed for display. Up to five digital images of work representational of the artist's/organization/group's work on a CD, resolution of 300 dpi at a minimum size of 5x7", in .jpg format. Please name each image file with organization name or artist's last name and the title of the work (e.g.: name.title.jpg). Materials submitted will not be returned. Damaged or non-compliant CDs and/or images will not be considered. Images will not be accepted via e-mail. -[)T, $35 gallery maintenance fee, check made payable to the Meridian Arts Commission. This fee is nonrefundable. DISPLAY INFORMATION: 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 (fig. 1) on the side raits on the back of the frame (fig. 2)- The inside of each D ring must allow a space of at least one-quarter inch (%") for insertion of the hooks; any wire constricting this space must be removed. The D rings should be approximately a quarter of the distance of the total frame height from the top of the frame in order to avoid slanting away from the watt. Wires, eyehooks, and clip frames may not be used for hanging. Initial Point Gallery also provides four display cases, each with different dimensions (fig. 3), for displaying three-dimensional artwork. g r��isi ACKNOWLEDGMENTS/: jj 1, eY) �Cf / , hereby acknowledge the following stipulations and agree that if this proposal is selected for display at Initial Point Gallery, such display shall occur subject to these general terms and conditions, as well as subject to other specific terms and conditions that shalt be set forth in a separate, written Acceptance Agreement between myself and the City of Meridian. I specifically acknowledge that: Before my work will be displayed in Initial Point Gallery, I will be required to enter into an Acceptance T Agreement with the City of Meridian establishing the specific terms and conditions of the display of the particular works displayed. IL R'a` If my work is selected for display in Initial Point Gallery, the City of Meridian and its agents wilt exercise professional care in handling and securing all artwork displayed in Initial Point Gallery, but cannot and will not assume liability for any loss or damage. a Any insurance of the artwork displayed in Initial Point Gallery shall be the sole responsibility of the artist. The City of Meridian shalt not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery. D. While artwork displayed in Initial Point Gallery may be passively offered for sale by means of an 7 mai informational table, board, or handout as provided or allowed by the City of Meridian, no piece displayed in Initial Point Gallery may have a visible price tag. �. While it is intended that each exhibit in Initial Point Gallery will be displayed for a one- to two-month period, this period may be shortened by the City of Meridian for any reason, without notice to the F. artist or organization. The City may display the work of more than one artist or organization in Initial Point Gallery at any IMZ time, at the City's sole discretion. t�i"nusG. < Artwork submitted for display in Initial Point Gallery must be original works conceived and created by the artist (or by artist members of the organization) submitting this application. AH. Meridian City Hatt is primarily a place of public business and Initial Point Gallery is a public place. The "a` 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 feet welcome and comfortable. To this end, only artists and artwork meeting the eligibility standards described in the Call for Artists and following the terms set forth in the Acceptance Agreement shall be displayed in initial Point Gallery. I do acknowledge and understand each d all of the foregoing stipulations and do agree to these general terms and conditions. r J r, Signature: J Print name: _ _ /1 Y 1 K �2�G / C Date: To propose an exhibition in Initial Point Gallery, please submit this form, completed in full, with the required materials and fee, via U.S. mail, to: Meridian Arts Commission Attn: Emily Kane 33 East Broadway Avenue Meridian ID 83642 Thank you for your interest! MeridiatnC ommission Letfer of 1 ntent — Lori K Seale Artist Vision for the Display I love to paint BIG! A good drawing, interesting subject matter, color, composition, and value can all be appreciated from a distance, yet, when drawn in to look closer at the painting ... technique, quality, and fine details are the mark of a well -executed painting. When someone comes in to the gallery, I would love for them to immediately respond with a big grin) That is what makes painting rewarding for me ... not just tackling the 'good painting checklist; but the stirring of emotions that come from those successful 'gut' paintings! In my past display at Initial Point Gallery in November 2012 African children were my main theme. Since that time I've done quite a few commissioned portraits of people and pets and find great satisfaction pleasing my clients with a subject matter'a little closer to home.' Therefore, I am currently working on a series of animals and farm scenes. My objective, by mid -2015, is to have a show ready that 1 am tentatively calling, "Critters and Country." Naturally it will include cows, horses and other farm animals, dogs, barns and farms. I'm also interested in painting Idaho landscapes and hope to include some of those as well. Works to be Displayed With "Critters and Country" as the theme, animals will dominate the show, complemented by paintings of Idaho landscapes. I plan to exhibit approximately 20 paintings. The smallest is 16x20" framed; the largest is 40x32". If accepted into Initial Point Gallery for an exhibition I will be ready about the middle of next year. I have fought a battle with cancer this year that has left me very fatigued (and probably the reason I had little energy much of last year, too). I proudly wear my pink ribbon now and because Art Therapy is one of the choices available for patients, l used that as an excuse to start committing to painting again ... even through some very real pain! I am excited about this new series and am eagerly working on it now! Artwork I present for the display could include any of the following: • Watch Your Manners, original watercolor, $900 • Eyes on Me, 22x28, giclee print, $300 (2014 Idaho Fair purchase award) • Last Chance, giclee print on canvas, 22x28, $250 (2013 Idaho Fair purchase award) • Miss Mable (Mabel's Got Milk), 30x40, original watercolor, stretched and gallery wrapped WC paper, $1400 (currently an display at Initial Paint Gallery in the Idaho Watercolor Society's'Mouse & Elephant' exhibition • Windmill Song, original watercolor, stretched and gallery wrapped WC paper, 2400, $850 • Resting and Rusting, original watercolor, stretched and gallery wrapped WC paper, 18x24, $550 Birds on a Back, original watercolor stretched and gallery wrapped WC paper over gatorboard,32x40,$1400 • Pure Joyl, original watercolor, 30x36, $900 • Meridian Animal shelter Tribute, giclee print, 16X20,$150 (original in Meridian City Hall, Chamber Room) • The Otto Man, original watercolor, NFS • Canyon Cabins at Rlggins, 37x30, original watercolor, $750 • Into the Shadows 17x27, original watercolor, $600 • Dunes 1, II and/or III, each 22x28, original watercolor, • Rainbow Bridge (Idaho), 2908, original watercolor, $900 • Grangeville Rangers (north of New Meadows), 2234x2935, original watercolor, $600 • Idaho Wheat Fields (north of Moscow), 32x32, original watercolor, $600 • The Forecaster, 29X22%, original pencil drawing, $750 (prints available) Publici Facebook page and contacts, a link to the Idaho Watercolor Society website member pages, and the IWS membership via the monthly members' art display locations. I will also use my mailing list of collectors (mostly those for whom I have done commissioned portraits), and will advertise on my church bulletin board (Church of the Harvest) which is a short walk away (just two blocks) from Initial Point Gallery. Display Challenges None. Lori K Seale -a; 5260 S. Maverick Ave. -sc Boise, ID 83709 Phone: 208-938.4782 -d, cell phone: 761-7624 -, E-mail:LKSealec@msn.com Artist Biography Lori 'K Seale is a watercolor painter in Boise, Idaho. Her Commercial Art degree enabled her to work professionally in Idaho, Nebraska and California. Working as a graphic artist made her strong in illustration, layout and design, value, and color. During those years, watercolor painting was her hobby and side -job, but since 2001 she has become an established and successful watercolorist. She has won many awards including the first award won by an Idaho artist in the Western Federation of Watercolor Societieslur!ed Show in 2013 for "Fanta Break at Mganwini." She enjoys learning techniques taught by nationally renown artists; even one tip gained at a workshop and applied is worth hertime with that instructor. Her paintings are collected in many states. The majority of her recent watercolors are realistic paintings of people from several countries she has traveled to in Africa. She is a consistent award -winner at the Western Idaho Fair including two Fair Purchase Awards in 2013 and 2014. She enjoys painting pets and other animals and loves the challenges of commissioned paintings. Artist Statement Color and shapes! I seek them in nature as I witness a glorious sunrise or sunset ... or identify a silhouetted tree on a mountaintop ... or follow the curves of a cut wheat field. Man-made objects as simple as marbles or as complex as architecture are admired. Mostly I get excited about lifel I paint anything that lives and breathes — human or animal — and even If I am painting old relics in a field my goal is to paint them as if they were alive! Hopefully my paintings will make people think and ask questions. What's the dog looking at? Whys the child drawing back? What are they going to do with the water? What are her dreams? What type of mischief is that one up to? Why do they live like that? if I 'Lost Chance.' 2013 Western Idaho Fair Purchase Award, Best of Show, Perfection Images Studio award, and more. 'EyesonMe.' 2014 Western Idaho Fair Purchase Award, Theme Award, Ist in Class, People's Choice, can get a viewer to stop, look, and listen long enough to imagine himself in the painting, the painting should speak on its own. I paint very realistically and controlled, yet also get excited about the spontaneity that happens when paint and water mix and collide to granulate, resist and blend. Some areas are worked fast with huge brushes while some are tightly controlled with smaller ones. I strive to achieve a good balance of values, use a limited color chord, and incorporate dark areas created with multiple layers of paint. "I begin a painting with the eyes; if they aren't right, nothing can save it!" I believe this talent is a gift from God; I never want to take credit for creating paintings that move people into the painting, but give credit right back to the Creator ... who moves me to paintl Fanta Break atMganwini,' 15th Place Award winner (out of 1100 entries, 110 juried into show) at 2013 Western Federation of Watercolor Societies Show, 1st Place Award 2014 Idaho Watercolor Perfection Images Studio award. Society Annual Juried Show. Informational ParagMh- or Gallery Publicity Lori 'K Seale' is a watercolor artist in Boise, Idaho, whose paintings are collected in many states. Her Graphic Design degree enabled herto work professionally in Idaho, Nebraska and California and disciplined her to be strong in illustration, layout and design, value, and color. Since 2001 she has become an established and successful watercolorist who has won many awards including the first by an Idaho artist in the Western Federation of Watercolor Societies 20131uried Show for Fanta Break at Mganwini. Her paintings consistently win at the Western Idaho Fair including 2013 and 2014 Fair Purchases. Although the majority of her exhibition watercolors have been realistic paintings of people from countries she has traveled to in Africa, lately her subjects are 'closer to home' ... painting pets and Idaho Iifescapes. She enjoys learning techniques from nationally renowned artists, even one good tip gained at a workshop and applied is worth time with that instructor. Her signature style using a limited color chord is mostly realistic and controlled, yet spontaneous in other areas that are worked fast with huge brushes. The artist's goal is to make people think and ask questions. What's the dog looking at? What are they going to do with the water? What are her dreams? What type of mischief is that one up to? Why do they live like that? If she can get a viewer to stop, look, and listen long enough to imagine being in the painting, the painting should tell its own story. W Q W H he rx J ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the 20th day of January, 2015 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Bonnie Peacher, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of 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"); WHEREAS, in response to the Call to Artists, Artist did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal"), for the display of artwork in Initial Point Gallery; WHEREAS, on November 6, 2014, the Meridian Arts Commission ("Commission") reviewed the responses to the Call to Artists, selected Artist's work for display based on the Proposal, and recommended to the Meridian City Council that Artist's artwork, as depicted in the Proposal, be displayed in Initial Point Gallery; WHEREAS, at its regular meeting on December 2, 2014, the Meridian City Council adopted such recommendation and directed the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian City Hall 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 Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, 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: I. SCOPE OF SERVICES. Artist shall personally deliver to Initial Point Gallery, on October 30, 2015, at such time as is specified by the Gallery Curator, artwork which shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Artist shall be responsible for hanging such artwork on October 30, 2015 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from October 30, 2015 through December 3, 2015, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on December 4, 2015, at such time as is specified by the Gallery Curator. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE I II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. 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. B. Sale of artwork. 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 (201/o) 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. III.TIME OF PERFORMANCE. 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. INSTALLATION. A. Coordination with Curator. 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. Artist shall be responsible for contacting the Gallery Curator between August 30, 2015 and September 30, 2015 to confirm details regarding the installation, removal, publicity, and promotion of the exhibit. Artist's failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. 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, and the Application and Acknowledgements Form attached hereto in Exhibit B, as well as to ensure that such artwork 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 does not meet the criteria set forth in Exhibits A and B, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B, 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 ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 2 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. V. DISPLAY. A. Original artwork. 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. B. Photographs of artwork. 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. Use of Artist's name. 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. D. Use of City's name. 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 Chief of Staff. E. Removal of artwork 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 (48) 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 may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. 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. G. Simultaneous display. 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 be determined by the Gallery Curator. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DisPLAY PAGE 3 VL INDEMNIFICATION, WAIVER, AND INSURANCE. 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 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. B. Waiver. 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 may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist's responsibility. 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 all necessary insurance as may be 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. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with or is in default of 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 providing written notice to the defaulting parry of its intent to terminate, and shall specify the grounds for termination. The defaulting parry shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without 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 4 C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non -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. GENERAL PROVISIONS. A. Relationship of Parties. 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. Both 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. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non -Discrimination. 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. D. Entire agreement. 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. Agreement governed by Idaho 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. F. Cumulative rights and remedies. 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 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 competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors 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 ACCEPTANCE AGREENIENT INITIAL POINT GALLERY DISPLAY PAGE 5 expertise. All 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. I. Notice. 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: Artist: Bonnie Peacher 2707 N. Lakeharbor Lane Boise ID 83703 QiW Emily Kane Deputy City Attorney 33 E. Broadway Ave. Meridian ID 83642 Either party may change its respective mailing address 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 20th day of January, 2015. ARTIST: onn' Peacher CITY OF MERIDIAN: BY: Tammy d e d, Mayor cffy of Attest: a iu;uiu yceeo man, City Clerk m -- SrI�L l f ��O�I4e 7ne a50�y ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 6 Exhibit A Meridian Commission Ca(( for Artists: 2015 INITIAL 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 2015 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 and invitees may reapply biennially and if selected again, 75% of the display must be artwork that has not been previously displayed in Initial Point Gallery. Small, informal groups of 2-4 artists are encouraged to propose an exhibition including all artists' work. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2015 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; • Letter of intent, including biography of the artist(s) or informational statement regarding organization; • 250 -word informational paragraph about the artist or organization (for use in gallery publicity if selected); • 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.meridiandty.org or upon request. Limited assistance producing digital images may be available upon request. Materials submitted will not be returned. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, October 24, 2014. SELECTION PROCESS: The selection of art for the 2015 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 and four enclosed pedestals for 3D art; • 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: Meridian Arts Commission Attn: Emily Kane 33 East Broadway Avenue Meridian ID 83642 By e-mail: mac@meridiancity.org MeridiatnaCo mmission Application St Acknowledgments: 2015 INITIAL POINT GALLERY SERIES APPLICANT CONTACT INFORMATION Check one: ,ff I am submitting this application as an individual. ❑ 1 am submitting this application for this organization: . ❑ 1 am submitting this application for an informal group: Applicant: Applicant E-mail: Mailing Address: Physical Address: Applicant Phone: Day: APPLICATION OVERVIEW: Check all that apply: ❑ [/we propose to fill one half of Initial Point Gallery with two-dimensional artwork. XI/we propose to fill the entire Initial Point Gallery with two-dimensional artwork. ❑ I/we propose to fill ❑ 1 ❑ 2 ❑ 3 ❑ 4 of the display cases with 3D artwork Number of 2D pieces: 30 ' 1D Average size of 2D pieces: �o'� y� "i oi'l �x3(e ° G. vx30 Number of 3D pieces: Average size of 3D pieces:_ iS lQr�e Proposed title or theme of show: /l PI eceB h4t Ve peap(p —SVnae �ae1�a�`I5 ; Sdwl 2 ci Vp APPLICATION MATERIALS: yF� Completed, signed Application ft Acknowledgements Form. (Informal groups: each artist must sign separate form.) Biography of artist or informational statement regarding organization, no longer than one 8Y2 x 11" page; ❑ A letter of intent, describing: a. Artist/Organization/Group's vision for and/or 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 Artist/Organization/Group plans to undertake if selected; and/or d. Any atypical issues or challenges regarding hanging or display of the works proposed for display. ,6 Up to five digital images of work representational of the artist's/organization/group's work on a CD, resolution of 300 dpi at a minimum size of 5x7", in .jpg format. Please name each image file with organization name or artist's last name and the title of the work (e.g.: name.title.jpg). Materials submitted will not be returned. Damaged or on -compliant CDs and/or images will not be considered. Images will not be accepted via e-mail. ,O/n$35 gallery maintenance fee, check made payable to the Meridian Arts Commission. This fee is nonrefundable. DISPLAY INFORMATION: 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 (fig. 1) on the side rails on the back of the frame (fig. 2). The inside of each D ring must allow a space of at least one-quarter inch (/e") for insertion of the hooks; any wire constricting this space must be removed. The D rings should be approximately a quarter 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 (fig. 3), for displaying three-dimensional artwork. —1 r---- .,. 1 Plaurc Nan'i'mill Tva Cables FIG. 2. BACK OF FRAME FIG. 3. 3D ART DISPLAY CASES Meridian Commission Call for Artists: 2015 INITIAL 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 2015 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; oris 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. Setectees will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. Selectees and invitees may reapply biennially and if selected again, 75% of the display must be artwork that has not been previously displayed in Initial Point Gallery. Small, informal groups of 2-4 artists are encouraged to propose an exhibition including all artists' work. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2015 Initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. • Completed, signed Application ix Acknowledgements form; • Letter of intent, including biography of the artist(s) or informational statement regarding organization; • 250 -word informational paragraph about the artist or organization (for use in gallery publicity if selected); • 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 will not be returned. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, October 24, 2014. SELECTION PROCESS: The selection of art for the 2015 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 Halt. RESOURCES PROVIDED UPON SELECTION: The City of Meridian wilt 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 and four enclosed pedestals for 3D art; • 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: Meridian Arts Commission Attn: Emily Kane 33 East Broadway Avenue Meridian ID 83642 By e-mail: mac@meridiancity.org ACKNOWLEDGMENTS: 1 1, 6 r 11 n1 P__ PULC R `f l` 'hereby acknowledge the following stipulations and agree that if this proposal is selected for display at Initial Point Gallery, such display shall occur subject to these general terms and conditions, as well as subject to other specific terms and conditions that shall be set forth in a separate, written Acceptance Agreement between myself and the City of Meridian. I specifically acknowledge that: A. Before my work will be displayed in Initial Point Gallery, I will be required to enter into an Acceptance 'nA` Agreement with the City of Meridian establishing the specific terms and conditions of the display of the particular works displayed. TdB. If my work is selected for display in Initial Point Gallery, the City of Meridian and its agents will CM'A` exercise professional care in handling and securing all artwork displayed in Initial Point Gallery, but cannot and will not assume liability for any loss or damage. C. Any insurance of the artwork displayed in Initial Point Gallery shalt be the sole responsibility of the I" 'A` artist. The City of Meridian shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery. D.While artwork displayed in Initial Point Gallery may be passively offered for sale by means of an m L informational table, board, or handout as provided or allowed by the City of Meridian, no piece displayed in Initial Point Gallery may have a visible price tag. yV_ E. While it is intended that each exhibit in Initial Point Gallery will be displayed for a one- to two-month L period, this period may be shortened by the City of Meridian for any reason, without notice to the artist or organization. �F. The City may display the work of more than one artist or organization in Initial Point Gallery at any INI IAL time, at the City's sole discretion. G. Artwork submitted for display in Initial Point Gallery must be original works conceived and created A` by the artist (or by artist members of the organization) submitting this application. .Meridian City Halt is primarily a place of public business and Initial Point Gallery is a public place. The NI IAL 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 for Artists and following the terms set forth in the Acceptance Agreement shall be displayed in Initial Point Gallery. I do acknowledge and unders a eBchara it of the foregoing stipulations and do agree to these general terms and conditions Signature: Print name: LJZ)it n I rear-, y` Date: 1 yL To propose an exhibition in Initial Point Gallery, please submit this form, completed in full, with the required materials and fee, via U.S. mail, to: Meridian Arts Commission Attn: Emily Kane 33 East Broadway Avenue Meridian ID 83642 Thank you for your interest! Meridian Commission Bonnie Peacher 2707 N Lakeharbor Lane Boise, ID 83703 208.867.1219 aMypeacher@gmail.com com November 7, 2014 Meridian Arts Commission Attn: Emily Kane 33 East Broadway Avenue Meridian, ID 83642 Dear Meridian Arts Council: I respectfully request your consideration of my application for display of a two- dimensional artwork exhibition during 2015 in the Initial Point Gallery. • I plan on a exhibiting focusing on people, including a series of paintings of local performers. • Number of pieces to be displayed, 30 - 40. Sizes will vary from 16" x 20" to 60" x 481 . Prices will range from $400 - $4800. Work will be acrylic paintings. • Publicity/marketing will be mostly social media such as Facebook and my email contact list. Will also post in Boise Weekly and Idaho Statesman's Scene magazine. If a reception is held, I plan on having local performers, of which I have done portraits, be in attendance. • No issues/challenges regarding hanging work. I am a magna cum laude graduate of Boise State University with a BFA in Painting/Art History. My work has been shown in juried exhibitions throughout the United States, winning several awards. My paintings are in many private collections, including the College of Idaho's "Idaho Women's Collection". My resume, which is enclosed, contains additional information on my experience and skills. I would love the opportunity to exhibit in the Initial Point Gallery. Thank you for considering me. Sincerely, Bonnie Peacher 2707 M Lake Harbor Lane Boise, ID 83703 208.867.1219 artbypeacher@gmaif.com www.artbypeacher.com Education 1996 B.F.A. General Art. Emphasis painting and art history. Boise State University, Idaho Magna Cum Laude Residency/Public Art Projects 2013/14 Artist in Residence/BOSCO - Boise City Arts & History Dept. 2013 Traffic Box Mural - PublicArt - Boise City Arts & History Dept. Awards and Honors 2013 Third place "Celebrate Arts!" Florence Oregon Merit Award "Celebrate Arts!" Florence Oregon Honorable mention "Celebrate Arts l" Florence Oregon 2008 Best of Show "Celebrate Arts" Florence, Oregon Firstplace "Celebrate Arts" Florence,Oregon Honorable mention "Celebrate Arts" Florence, Oregon 2004 Second place, "Celebration of Women in the Arts. Boise, Idaho 2001 First Place, Fireworks Art Exhibition. Connote, Ohio 2000 First Place, Alumni Art Exhibit 2000. Boise, Idaho Second Place, Alumni Art Exhibit 2000. Boise, Idaho Honorable mention, Realism 2000. Omaha, Nebraska Honorable Mention, 31stAnnual Fine Arts Show, Ocean Shores, Washington Best of Show Award, Naturals: Landscapes, Florals, Nudes. Omaha, Nebraska Excellence Award, 17th Annual International Jur!ed Show. Roswell, New Mexico Cash award winner, 1st Millennium Valentine's Show. White Bear Lake, Minnesota Special recognition, Beautiful 2000 International. Omaha, Nebraska 1999 Cash Award Winner, Laredo Center for the Arts VII International Show. Laredo Texas 1997 Cash Award Winner, Art West Open Jackson, Wyoming Solo Exhibitions 2015 Peterson's Galley Baker City, Oregon Saint Alphonsus "Artist's Wall" Boise Idaho 2014 Center of the Arts Florence, Oregon 2013 Garden City Library "Books and Brushes" Garden City, Idaho 2011 Esther Simplot Performing Arts Academy Boise, Idaho 2007 Skylite Gallery Walla Walla, Washington 2006 Rosenthal Gallery - College of Idaho Caldwell, Idaho 2003 Student Union Gallery - Boise State University Boise, Idaho 2000 Bruskin Gallery. Port Townsend, Washington Selected Group Exhibitions 2014 "Foray IV" NAA exhibition Boise, Idaho "Monsters" NAA exhibition Boise, Idaho "Art & Soul", Twin Falls, Idaho "Metamorphosis" Boise,ldaho "Opening Doors 11- a Glimpse into the artists's Mind" Boise, Idaho 2013 "Foray III" Boise, Idaho "Celebrate Arts!" Florence, Oregon "Centennial 28 Juried art Show" Nampa Idaho "Associated Arts 44th Annual Juried Exhibition" Ocean Shores, Washington "Souvenirs" TVAAexhibition Boise, Idaho "Eleventh Annual Art Source Gallery Juried Show" Boise, Idaho "Idaho Falls Arts Council's 5th Annual Juried Exhibition" Idaho Falls, Idaho "Opening Doors - a Glimpse into the artists's Mind" Boise, Idaho, 2012 "Silver Linings" Boise, Idaho "Art & Soul", Twin Falls, Idaho "FORAY 11" Boise, Idaho 2011 "FORAY" Boise, Idaho "Complements" Boise, Idaho "Doubletake" Boise, Idaho 2010 "Art Source Ninth Annual Juried Show" Boise, Idaho "We Art Women" Boise, Idaho 2008 "Celebrate Arts" Florence, Oregon 2007 "Artist Council 38th Annual National Juded Exhibition" Palm Springs, California 2005 "Celebration of Women in the Arts" Boise, Idaho "Salon de Refuse"' Boise, Idaho 2004 "351h Annual Associated Arts" Ocean Shores, Washington "The Pastel National 2004" Wichita, Kansas "MMIV Rocky Mountain Biennial" Fort Collins, Colorado "NVAL 201h Annual National Juried Show"Redding, California 2003 "40th Annual National" Greeley, Colorado "12th Annual BAA National" Boulder, Colorado "34th Annual Associated Arts of Ocean Shores" Ocean Shores, Washingtoi "National Women's Exhibition -Spring 2003" Buffalo, New York Fine Art Events/Festivals 2014 BOSCO Open Studios Boise "Artistic Taste of Garden City" 2013 "Art in the Bay" Knitting Factory Boise BOSCO Open Studios Boise 2012 Meridian Art Festival BOSCO Open Studios Boise 2011 BOSCO Open Studios Boise 2009 "Fine Art Festival at the Waterfront" Boise Selected Permanent and Private Collections Albertson College of Idaho "Idaho Women's collection" Caldwell, Idaho Zella Bardsley. Boise, Idaho Rick and Dorothy Frey. Star, Idaho Jack Helgeson. Boise, Idaho Sandy Hinkle. Omaha, Nebraska Dale Mahoney and Jan Skurzynski. Boise, Idaho Harvey and Margo Neef. Boise, Idaho Everett and Joann Rice. Boise, Idaho Dr. Peggy Rupp. Boise, Idaho Ed and Gloria Skurzynski. Boise, Idaho Helene Streck Star, Idaho Patrick Sullivan. Boise, Idaho Steve Yeomans. Boise, Idaho Professional Affiliations 2012-14 BOSCO President 2011-14 BOSCO member 2010-14 NAA exhibiting artist member 2010-13 NAA Board member, exhibition committee 2008-09 BAM board member BAM docent chair 1997-2014 BAM docent 1994-96 Visual Arts League President Boise State University Related professional experience 2010-14 Fine Art Painting instructor - Michael's Arts and Crafts 2013-14 Painting instructor -Aaron Brooke Place, Boise, ID Art instructor "Mini Masters" Garden City Library, Garden City, ID Curator"Books & Brushes" Garden City Library, Garden City, ID Commissions 2014 Nick Hammon, Boise, Idaho 2012 Mural - Steve's Cafe 2483 E. Fairview Meridian Idaho - 2011 Bill Cox Boise, Idaho 2007 Mural - Carla Dennis Boise, Idaho 2006 Mural - Dorothy Frey Star, Idaho 2004 Mural - Heather Norris Boise, Idaho 2000 Ed and Joan Hertzberg. Boise, Idaho Selected bibliography Adlemann, Jan Ernst Rocky Mountain Biennial Exhibition brochure. April 2004 Bossick, Karen. Weekend Preview The Idaho Statesman, December 3, 1998, p.1 E. Hacker, Tom. Art West showcases coast-to-coast artists. Jackson Hole News. June4, 1997, p.1. Hansen, Jake. Nothing But Nudes Bonnie Peacher exhibit now open in SUB. The Arbiter. Novemberl0, 2003, p.6. Oland, Dana. Art on the Waterfront. The Idaho Statesman. July 24, 2009. Scene Magazine. Oland, Dana. The talent of women. The Idaho Statesman. November 19, 2002, p.1 Life. Oland, Dana. Celebration of Women in the Arts. The Idaho Statesman, December 2, 1999, p. 1 E. White, Sylvia. Bruskin features Bonnie Peacher. Port Townsend Leader, August 2, 2000, p. 134. Afford, Joy. Art West Open blazes with Regional Artists. Jackson Hole Guide, June 4, 1997, p.3. Bonnie Peacher 2707 N Lake Harbor Lane Boise, ID 83703 208-867-1219 artbypeacher@?gmaii.com www.aabypeacher.com bonnie-peacher. artistwebsites.com Artist Bio/Statement A face talks to me even when a person is silent. I paint portraits to explore the individual characteristics of each of my subjects My paintings are realistic and expressive. Many works are larger than life-size. Subjects are frequently in the performing arts, but I also find satisfaction in depicting a special moment or someone in quiet reflection. My goal is to capture the essence of a subject which may be at the height of an expressive flourish on stage, or a moment of quiet thought. Through these portraits, I invite a viewer to discover and reflect upon my subjects personality traits, behaviors and tendencies in their defining moments. I have been working in `the arts' all my life. 1 have a BFA from Boise State University, emphasis in painting and art history - Magnum Cum Laude. I am an award winning artist having participated in 100+ exhibitions. In addition to being a fine art painter, I am president of Boise Open Studios Collective Organization (BOSCO), a Treasure Valley Artists Association member, a Boise Art Museum docent, Garden City Library "Books & Brushes" curator and a painting instructor. I also am an actor and perform in many of the Treasure Valley community theaters. Meridian City Council Meeting DATE: January 20, 2015 ITEM NUMBER: 7A PROJECT NUMBER: ITEM TITLE: RESOLUTION NO. Mayor's Office: Resolution No. N A Resolution for the Appointment of Ryan Fitzgerald to Seat 2 and Gregory Wilson to Seat 4 of the Meridian Planning and Zoning Commission MEETING NOTES vi a� GGA !_ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. I �- / 17 YS BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, APPOINTING RYAN FITZGERALD TO SEAT 2 AND GREGORY WILSON TO SEAT 4 OF THE MERIDIAN PLANNING & ZONING COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian City Code Title 2, Chapter 4 established the Meridian Planning and Zoning Commission, its members and terms of their appointments; and and WHEREAS, Seat 2 and Seat 4 of the Planning and Zoning Commission are currently vacant; WHEREAS, the City Council of the City of Meridian deems the appointment of Ryan Fitzgerald to Seat 2 and the appointment of Gregory Wilson to Seat 4 of the Planning & Zoning Commission to be in the best interest of the Meridian Planning and Zoning Commission and of the City of Meridian; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That pursuant to Meridian City Code § 2-4-1, Ryan Fitzgerald is hereby appointed to Seat 2 and Gregory Wilson is hereby appointed to Seat 4 of the Meridian Planning and Zoning Commission, for terms to expire January 31, 2021. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. Y— ADOPTED by the City Council of the City of Meridian, Idaho, this 20 day of January, 2015. APPROVED by the Mayor of the City of Meridian, Idaho, this Z0� f January, 2015. APPROVED: OgP�n nUCU �r cry. IA1V1� or Weerd ATTEST: �'j�F 111, IiN� By: ICA aycee P. Holman, City Clerk RESOLUTION FOR APPOINTMENT OF RYAN FITZGERALD AND GREGORY WILSON - MERIDIAN PLANNING & ZONING COMMISSIONERS -1 Ryan M. Fitzgerald 7051 N. Sunset Maple Way Meridian, ID 83646 January 6, 2015 The Honorable Tammy de Weerd Mayor City of Meridian 33 E. Brodway Avenue Meridian, ID83642 Dear Mayor de Weerd I am writing to express my interest in filling current and future vacancies that may be present on the City of Meridian's Planning and Zoning Commission. I am a current Meridian resident and business owner who recently relocated my business to Meridian, due to the favorable atmosphere for Idaho businesses. Meridian is the center of the Treasure Valley and will continue to become a more integral part of the economy and lifestyle that we have come to appreciate. I believe vibrant development, renewal of the downtown core and the continued effort to make Meridian the central business district of the valley will ensure the long term viability of our city. In that regard, I believe my background and expertise could be an asset to the Meridian Planning and Zoning Commission and I greatly appreciate the opportunity to submit this information package for your review. As requested, I have attached my "Application to be Considered for City -Appointed or Volunteer Positions" as well as a copy of my resume. Please let me know if you have any questions by contacting me at (208) 860-8072 Sincerely, Ryan M Fitzgerald Enclosure CiWE IDIAN= Application to be Considered for W City -Appointed or Volunteer Positions Position Applying for: O Parks & Recreation Commission O Planning & Zoning Commission ❑ Meridian Arts Commission O Historical Preservation Commission O Transportation Commission ❑ Impact Fee Committee ❑ Solid Waste Advisory Commission O General Volunteer Position on Special Projects or Events as Needed (appointment not required) Name: Ryan M. Fitzgerald Home Address: 7051 N. Sunset Maple Way, Meridian, ID 83646 Telephone: 208-860-8072 E -Mail Address: cyan@gsadirect.com Occupation: Government Contract Consultant/ Owner- Firearms Manufacturing / Distribution Company Are you a resident of the City of Meridian? El Yes ❑ No If not, do you live in Meridian's area of impact? D Yes O No Why do you want to become involved? I have a great Interest In seeing the City of Meridian grow effectively Into the new urban center of the Treasure Valley, which requires smart planning and vibrant development. Including renewal of the downtown core. I believe my background a could Genera the citys efforts In this regard.. Do you participate in any local service clubs or other organizations? ® Yes ❑ No If so, please list: Meridian PAL (Coach), Ps Boise Noon Optimist Club (Past). the Town, Rake Up Boise, What areas of city government are of most interest to you? Planning and Development; Parks and Recreation; Economic Development and Executive Administration are all areas of the city government that I find most interesting. Have you participated in any level of volunteer government service in the past? ® Yes p No If so, please list: Boise City/ Ada County Housing Authority (Commissioner) Do you required to attend meetings and review/research data to make Na Signature Date 1/6/15 Please return your completed application, resume, and letter of interest to: City Clerk's Office, City of Meridian, 33 E. Broadway Avenue, Meridian, ID 83642 Phone: (208) 888-4433 Fax: (208) 888-4218 RYAN FITZGERALD 7051 N. Sunset Maple Way, Meridian, ID 83646 (208) 860-8072 ryan@primusmg.com PROFESSIONAL EXPERIENCE & ACCOMPLISHMENTS PRIMUS MG —Meridian, Idaho Managing Partner 2009 — Present • Lead a group of government contracting specialist in order to identify and pursue government contracts and funding opportunities on behalf of our clients; • Expert in the preparation and submission of all necessary prerequisite and ongoing information for our clients to begin the federal contracting process; • Specialize in preparing GSA Schedule and individual solicitation responses as well as government negotiations and discount determinations; • Administer government contracts and cultivate relationships with government contracting officers in order to expand our client's sales and government opportunities in the government marketplace. GSA DIRECT—Meridian, Idaho Compliance Officer and Partner 2010 — Present • Manage and direct the compliance team for firearm and accessory distribution; • Specialize in relationships with federal law enforcement agencies that regulate firearms (BATFE); • Develop relationships with firearm and tactical accessories part and product suppliers; • Structure marketing opportunities and develop relationships with commercial firearms dealers and government purchasing officers in order to expand firearm sales into the government marketplace. MILTAC INDUSTRIES — Meridian, Idaho Compliance Officer and Partner 2009 — Present Manage and direct the compliance team for the manufacturing of MILTAC firearms; Develop strategic tactical packages of firearms and accessories for sale into the commercial marketplace; Oversee marketing, public relations and social media campaigns that promote the MILTAC firearms brand in the public and law enforcement sectors. CONGER MANAGEMENT GROUP / HOMEVESTORS — Boise, Idaho Public Relations and Real Estate Acquisitions 2006 —2009 • Developed and implemented a successful strategic communication and marketing plan to grow the core business and expand the company's acquisitions and projects; • Prepared and presented financing requests and due diligence packages to investors and financial institutions, which resulted in the successful financing and completion of projects; • Cultivated close relationships with land owners and government entities to further the success of projects; • Successfully launched the HomeVestors franchise and established the brand in the Treasure Valley, as well as, serving as its principal negotiator, representative and spokesperson. OFFICE OF THE GOVERNOR AND THE STATE OF IDAHO —Boise, Idaho Director, Washington, DC Office 2004— 2006 • Managed the State of Idaho's Washington, DC office, which worked on behalf of the Governor and Idaho State Agencies to bolster the economic and legislative opportunities for our State; • Successfully advocated for federal legislation, programs, grants and appropriations that were priorities of the Governor, legislature and State agencies; • Achieved fruitful negotiations between Idaho officials and federal leaders from the White House, Federal Agencies and the United States Congress to further Idaho priorities; • Coordinated and expanded trade opportunities for Idaho companies by developing and maintaining strong working relationships with foreign embassies and finalizing logistics for successful Governor -lead trade missions to Mexico and Asia. (Continued) RO-BAR TECHNICAL SERVICES — Boise, Idaho Mechanical System Certification and Balancing Director 2002-2004 • Managed an indoor air quality certification and balancing team on large commercial construction projects in the Greater Pacific Northwest, which resulted in the expansion of the project opportunities; • Reviewed and implemented testing, balancing and commissioning procedures on numerous mechanical systems, resulting in a concise and focused work plan that lead to increased efficiency of the team; • Returned from Washington, DC to assist and support the operation of the family-owned business. THE ELECTRIC DRIVE TRANSPORTATION ASSOCIATION (EDTA— formerly EVAA) 1999-2002 . Public Information and Outreach Director (2000-2002) • Created and designed education and outreach programs to advance the general knowledge of battery, hybrid and fuel cell vehicles amongst policymakers, industry leaders and the general public; • Planned and managed large "kick the tires" events at prominent global locations, which lead to increased market sales for our members, which included automakers, component makers and energy providers; • Principal staff charged with the development and production of all association information tools and publications, including the development and redesign of the Association's three sponsored websites; Public Policy Associate (1999-2000) • Successfully advocated for the advancement of electric drive technologies through passage of federal tax credit legislation, which continues to provide tax credits to electric car owners; • Promoted public and private programs, policies and incentives, which expanded the knowledge and usage of advanced technology vehicles with private owners, but also in government and corporate arenas; • Conducted legislative meetings, briefings, and developed information and advocacy products necessary to achieve the policy goals established and approved by the Association's membership; Booz • ALLEN & HAMILTON Legislative Research Analyst 1998-1999 • Provided research and legislative guidance for the President's National Security Telecommunications Advisory Committee's (NSTAC) Legislative and Regulatory group; • Monitored and analyzed legislative, regulatory and judicial actions that impacted national security and emergency preparedness for the telecommunications industry; OFFICE OF UNYIED STATES SENATOR DIRic KEMPTHORNE Junior Legislative Assistant 1997- 1998 • Developed and recommended legislative policy for United States Senator Dirk Kempthorne in the areas of telecommunications, commerce, education, environment, public land, and justice matters; ADDITIONAL EXPERIENCE RED BARN REAL ESTATE — Boise, Idaho Inactive Real Estate Agent in the State ofldaho 2007 — Present RO-BAR TECHNICAL SERVICES—Boise, Idaho Testing and Balancing Team Supervisor 1988 to 1997 IDAHO OFFICE OF LEGISLATIVE SERVICES — Boise, Idaho Staff Assistant /Intern 1996 EDUCATION WASHINGTON STATE UNIVERSITY—Bachelor of Arts — Criminal Justice /Political Science August 1997 0 Alpha Phi Sigma -Criminal Justice Honor Society December 19, 2014 The Honorable Tammy de Weerd Mayor of Meridian 33 E. Broadway Avenue Meridian, ID 83642 Dear Mayor de Weerd: Gregory S. Wilson 1784 E. Deerhill Dr. Meridian, ID 83642 gswilson21@gmail.com (208) 995-7684 AV . _'< i3 Ll Cf1Y9 pME►p A. I am interested In serving my friends and neighbors on the Meridian Planning & Zoning Commission. My resume displays my wide range of experience: graduate study in government; work at the local, state, and federal levels of government in many different roles; and service in the Idaho National Guard. I am eager to learn more about planning and zoning Issues in Meridian. if fortunate enough to be appointed and confirmed, I would do my best to be a dedicated, hardworking, and thoughtful member of the commission. I have enclosed my resume and my completed application form. Please do not hesitate to contact me if you require more information regarding my qualifications and/or additional supporting materials. I look forward to hearing back from your office soon. Sincerely, Gregory S. Wilson Enclosures: Resume; Completed and signed application form CC E IDIAN* Application to be Considered for IDAHO City -Appointed or Volunteer Positions Position Applying for: O Parks & Recreation Commission ■ Planning & Zoning Commission O Meridian Arts Commission O Historical Preservation Commission 17 Transportation Commission O Impact Fee Committee O Solid Waste Advisory Commission O General Volunteer Position on Special Projects or Events as Needed (appointment not required) Name: Gregory S. Wilson Home Address: _1784 E. Deerhill Drive, Meridian, ID 83642 Telephone: (208) 995-7684 E -Mail Address:. gswilson2l@,gmail.com Occupation; Chief of Staff to Lt. Governor. State of Idaho Are you a resident of the City of Meridian? ■ Yes O No If not, do you live in Meridian's area of impact? O Yes O No Why do you want to become involved? serve. Do you participate in any local service clubs or other organizations? ■ Yes O No If so, please list: What areas of city government are of most interest to you? recreation. Have you participated in any level of volunteer goverment service in the past? ■ Yes O No If so, please list: Please see resume. Do you understand the time commitment r re to attend meetings and review/research data to make recommendations? ■ Yes O— o Signature Date /.?ht/e70/y Please return your completed application, resume, and letter of interest to: City Clerk's Office, City of Meridian, 33 E. Broadway Avenue, Meridian, ID 83642 Phone: (208) 888-4433 Fax: (208) 888-4218 Gregory S. Wilson 1784 E. Deerhill Dr. Meridian, ID 83642 gswilson2l@gmail.com (208) 995-7684 EDUCATION GEORGETOWN UNIVERSITY, Department of Government Washington, DC Master of Arts in American Government, with distinction Graduated: August 2011 Thesis: The Politics and Power of Wilderness in the West GONZAGA UNIVERSITY, College of Arts and Sciences Spokane, WA Bachelor of Arts in Political Science and Philosophy Graduated: May 2008 Magna cum laude PROFESSIONAL EXPERIENCE Office of Lieutenant Governor Brad Little Chief of Staff Aug 2013 -Present Boise, ID Principal communications and media aide; Primary legislative assistant: Support Lt. Governor in his capacity as president of the Idaho Senate; monitor floor and committee actions; frequent interaction with legislators and staff. Primary scheduler; primary assistant on appointments work to boards and commissions; primary constituent assistant, working on diversity of issues. Simpson for Congress, Mike Simpson Re -Election Campaign Campaign Manager Aug 2012 -Jul 2013 Deputy Campaign Manager Apr 2012 -Aug 2012 Boise, ID • Campaign fundraising; Campaign Media and Messaging: Drafted and distributed campaign press releases; Get -out -the -Vote (GOTV) mailers; assisted in production of radio and television advertising; conducted advertising buys on radio and television. • Field organization: Assembled and managed district -wide campaign coordinators in 26 counties to put up campaign signs and have campaign presence at multiple events. Senate Majority Caucus, Idaho State Senate Jan 2012 -Apr 2012 Communications Director Boise, ID Supervisor: Senator Russ Fulcher, Majority Caucus Chairman Key communications and policy aide to all 28 Republican members of the Idaho Senate. Senate Majority Caucus, Idaho State Senate Dec 2011 -Jan 2012 Intern to Senator Chuck Winder Boise, ID Supervisor: Senator Chuck Winder, Assistant Majority Leader • Conducted targeted policy research for Senator Winder in support of his legislative agenda; Monitored Senate Education, State Affairs, and Transportation Committees. Bureau of Land Management, Department of the Interior Jan 2011 -Aug 2011 Management and Program Assistant Washington, DC Supervisor: Joan Guilfoyle, National Interagency Service First coordinator • Worked for Service First coordinator on research and projects relating to this federal law, which is the only law providing authority to the four land management agencies (Bureau of Land Management, Forest Service, Fish and Wildlife Service, and National Park Service) to co -locate and share resources to improve both customer service and management of natural and cultural resources. ADDITIONAL EXPERIENCE Spokane City Office of Neighborhood Services Spokane, WA Intern Sep 2005—May 2006 • Helped to organize monthly neighborhood council meetings for 27 Spokane neighborhoods. • Wrote direct-mail flyers providing information from Neighborhood Services Office and City Hall. Spokane County Public Defender Office Spokane, WA Intern January 2005—May 2005 ■ Assisted public defenders on their cases with research and client interviews in the county jail. Monitored court proceedings and filed paperwork. MILITARY SERVICE IDAHO ARMY NATIONAL GUARD, HHC, 116th CBCT Oct 2013 — Present Intelligence Officer, First Lieutenant Boise, ID Supervisor: MAJ Charles Garrison, Brigade S2 • Work in the 82 section (i.e., intelligence section) of Headquarters Company (HHC), 1161h Cavalry Brigade Combat Team (CBCT). • Served in Washington Army National Guard from September 2008 to August 2013, including work as an Assistant Operations Office at the Seattle Military Entrance and Processing Station. • Commissioned in the Military Intelligence branch (as 35D, All -Source Intelligence Officer) from Gonzaga University's ROTC program in May 2008. REFERENCES PROVIDED UPON REQUEST Meridian City Council Meeting DATE: January 20, 2015 ITEM NUMBER: 6 PROJECT NUMBER: ITEM TITLE: Items Moved From Consent Agenda MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: January 20, 2015 ITEM NUMBER: $A PROJECT NUMBER: TEC 14-007 ITEM TITLE: BARAYA SUBDIVISION Public Hearing: TEC 14-007 Baraya Subdivision by Matt Schultz Located 3935 W. Franklin Road and S. Black Cat Road Request: Two (2) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineer's on the Final Plat MEETING NOTES b 9 a b"M Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Ci t y C o u n c i l M e e t i n g Ja n u a r y 2 0 , 2 0 1 5 h2 It e m # 8 : B a r a y a S u b d i v i s i o n Vi c i n i t y / Z o n i n g M a p Ba r a y a S u b d i v i s i o n Ap p r o v e d S i t e D e s i g n Ba r a y a S u b d i v i s i o n Ap p r o v e d C o n c e p t E l e v a t i o n s Meridian City Council Meeting DATE: January 20, 2015 ITEM NUMBER: gA PROJECT NUMBER: ITEM TITLE: MEMORANDUM OF UNDERSTANDING Legal/Fire: Memorandum of Understanding to Amend Current Collective Bargaining Agreement Appendix A to Correct the Promotion Pay for the Grandfathered Positions in the Current Agreement MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS MEMORANDUM OF UNDERSTANDING TO AMEND CURRENT COLLECTIVE BARGAINING AGREEMENT APPENDIX A TO CORRECT THE PROMOTION PAY FOR THE GRANDFATHERED POSITIONS IN THE CURRENT AGREEMENT This Memorandum of Understanding is entered into this C90 day of ?.03-2t,, by and between IAFF Local 4627 ("UNION") and the City of Meridian WHEREAS, the UNION and the CITY are parties to a Collective Labor Agreement effective October 1, 2014 - September 30, 2016 ("CLA") covering various terms and conditions of employment of the Firefighter employees of the CITY; and WHEREAS, the parties agree that Appendix A reads in part: Promotions shall take effect on the next pay period following the completion of the time of service Employees of the Meridian Fire Department as of September 30, 2014 shall be grandfathered under the previous pay system time periods as listed below: (Intro/Prob-6 months from date of hire; FFI -1 year from date of hire; FFII-2 years from date of hire; FFIII-3 years from date of hire) WHEREAS, the parties agree that the language should read: The progression from Intro/Prob Firefighter through FFIII shall occur on the following timeline: Intro/Prob- at date of hire to six months FFI - at six months from date of hire FFII- at 1 year and 6 months from date of hire FFIII- at 2 years and 6 months from date of hire THEREFORE, the parties agree to maintain this MOU as active until September 30, 2016 at that time it may be incorporated into the Collective Labor Agreement if still applicable. A---- ErikSmith, President Local #4627 �I JANv6R-(, 2u► Date PASSED by the City Council of the City of Meridian, Idaho, this k day of 2015. APPROVED by the Mayor of the City of Meridian, Idaho, this 20 day of _oma= 2015. ATTEST. Y 5 3 A city -f _. APPROVE -__ MAYO ____.__ _ Meridian City Council Meeting DATE: January 20, 2015 ITEM NUMBER ITEM TITLE: Future Meeting Topics PROJECT NUMBER: MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: January 20, 2015 ITEM TITLE: ITEM NUMBER: PROJECT NUMBER: Executive Session Per Idaho State Code 67-2345 (1)(f): (f) To Consider and Advise Its Legal Representatives in Pending Litigation MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS