Daniel Borup Meridian Fire Station No. 6 Acceptance Agreement for artwork ACCEPTANCE AGREEMENT
MERIDIAN FIRE STATION NO. 6: "ALL IN—ANOTHER DAY AT THE OFFICE"
This ACCEPTANCE AGREEMENT is made this 28th day of July, 2020 ("Effective Date"),
by and between the City of Meridian, a municipal corporation organized under the laws of the State of
Idaho ("City"), and and Daniel Borup, an individual whose address is 426 Walnut Street, Shelley,
Idaho ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.")
WHEREAS, on July 7, 2020, Artist installed at Meridian Fire Station no. 6 artwork entitled
"All In—Another Day at the Office," a bronze sculpture depicting a firefighter("Artwork");
WHEREAS, on November 19, 2019, City and Artist entered into a Professional Services
Agreement for Fabrication and Installation of Meridian Fire Station No. 6 Artwork ("November 19,
2019 Agreement") that includes, in Section II.C.3, a requirement that the parties enter into a mutually
agreed-upon acceptance agreement as a condition of the City's Final Acceptance of the artwork
designed, created, and installed by Artist pursuant to the November 19, 2019 Agreement;
NOW, THEREFORE,for good and valuable consideration, the receipt and sufficiency of
which is hereby, and in the November 19, 2019 Agreement, acknowledged and agreed, and in
consideration of the mutual promises and covenants herein contained, the Parties agree as follows:
I.INDEMNIFICATION.
Artist hereby indemnifies and saves and holds harmless City and its respective employees, elected
officials, agents, guests, and/or business invitees, from any and all liabilities, losses, claims, actions,
and/or judgments for damages, expenses, and/or injury to any person or property caused or incurred by
or as the result of the performance of or failure to perform any work or service under or related to the
November 19, 2019 Agreement.
Artist specifically hereby indemnifies and saves and holds harmless City and its respective employees,
elected officials,agents,guests,and/or business invitees,from any and all liabilities,losses,claims,actions,
judgments for damages, expenses, or injury to any person or to property arising as a result of:
A. Artist's failure, or the failure of any agent, employee, or subcontractor of Artist to exercise
reasonable care, skill or diligence in the performance of any work or service under or related to
the November 19, 2019 Agreement and any and all addenda thereto;
B. Any breach of any representation, warranty or covenant made by Artist, or by any of Artist's
agent(s), employee(s), or subcontractor(s);
C. Artist's infringement of or upon any intellectual property rights, whether intentional or
unintentional, known or unknown, including any copyright or patent arising out of the
reproduction or use in any manner of any plans, designs, drawings, specifications, information,
material, sketches, notes or documents created by Artist in the performance of any work or
service under the November 19, 2019 Agreement and any and all addenda thereto; and/or
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Meridian City Council Meeting Agenda July 28,2020— Page 66 of 175
D. The malfunction, breakage, or failure of the artwork, or any portion or component thereof,
created and installed under the November 19, 2019 Agreement and any and all addenda thereto.
II.WAIVER.
Artist hereby waives and releases, on behalf of himself, his employees, agents, heirs, executors,
administrators, assigns, and/or personal representatives, any and all claims and/or rights for damages he
now has or may hereafter have against the City of Meridian and/or its employees, elected officials,
agents, guests, and/or business invitees, suffered in connection with or arising out of the performance
of any work or service under or related to the November 19, 2019 Agreement. Except as otherwise
expressly delineated in the November 19, 2019 Agreement, Artist hereby waives any and all right, title,
or interest in the Artwork and/or all items created under, assembled pursuant to, and/or otherwise
related to the November 19, 2019 Agreement and any and all addenda thereto.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective
Date first written above.
ARTIST:
oy1 3
Daniel E. Borup if
CITY OF MERIDIAN:
BY:
Robert E. Simison, Mayor
Attest:
Chris Johnson, City Clerk
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Meridian City Council Meeting Agenda July 28,2020— Page 67 of 175