23-2421 Commissions Meridian Arts Commission Public Art Eileen Gray - Five Mile Creek Pathway Trail hub ACCEPTANCE AGREEMENT FOR PUBLIC ART AT
FIVE MILE CREEK PATHWAY TRAILH[TB"WATER METRICS"
This ACCEPTANCE AGREEMENT is made this22nd day of August 2023
("Effective Date"), by and between the City of Meridian,a municipal corporation organized under the
laws of the State of Idaho("City"),and Eileen Gay, a sole proprietor whose address is 2051 Canal
Road, Sparks,Nevada("Artist"). (City and Artist may hereinafter be collectively referred to as
"Parties.")
WHEREAS, on July 5, 2023, Artist installed at Five Mile Creek Pathway Trailhub artwork
entitled "Water Metrics,"a concrete sculptural mosaic gateway("Artwork"),
WHEREAS,on December 6, 2022, City and Artist entered into a Professional Services
Agreement for Fabrication and Installation of Five Mile Creek Pathway Artwork ("December 6, 2022
Agreement") that includes, in Section II.C.6.b, 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 December 6, 2022 Agreement;
NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency of
which is hereby, and in the December 6, 21122 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,volunteers, 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 ser%ice tinder or
related to the Decenber 6,2022 Agreement.
Artist specifically hereby indemnifies and saves and holds harmless City and its respective employees,
elected officials,agents,guests,and/orbusincss invitees,fromany and all liabilities,losses,clainns,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 December 6, 2022 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
agcnt(s), cmployce(s), or subcontractor(s),
C. Artist's infi-ingcnnent 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 December 6,2022 Agreement and any and all addenda thereto; and/or
A(-(-EPTAN(-F MiRFENIFNT
WATER METRIUS PAGE I at 2
D. The malfunction, breakage, or failure of the artwork,or any portion or component thereof,
created and installed under the December 6, 2022 Agreement and any and all addenda thereto.
11.WAIVER.
Artist hereby waives and releases,on behalf of Artist, Artist's employees,agents, heirs,executors,
administrators,assigns, and/or personal representatives,any and all claims and/or rights for damages
Artist now has or may hereafrer 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 sen-ice under or related to the December 6, 2022 Agrccmcnt. Except as
otherwise expressly delineated in the December 6, 2022 Agrccmcnt, 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 December 6, 2022 Agreement and any and all addenda thereto.
IN WITNESS WHEREOF,the parties hereto have exeCUted this Agrccmcnt on the Effective
Date first written above.
ARTIST:
i
& n Gay
CITI' OF ME AN:
BY
Robert E. Sit i on Mayor 8-22-2023
SF,AL
AZIL
ttest. l _
Chris Johns , City .. 8-22-2023
Ac,c'EPTAN(,E AciRE'EWN'T
WATER METRIC'S P:1GE 2 of 2
VARA Waived: YES I NO
City of Meridian Public Art & History Conservation Record
This document will act as a primary source for our public art maintenance. The detailed
information you provide will be essential to maintain the best practices of care for your
work during its designated li fespan and historical legacy beyond. Please be as thorough
as possible and attach any additional documents you deem relevant.
PrimaryArtist(s):Eileen Gay
Title of Artwork:Wate r Metrics
Date Completed.-July 6, 2023 Number of Object Components.-2
Dimensions: H:81 x W 3019 x D:3019
Dimensions of Frame (if applicable): H.•31411 x W•3611 x D:36"
Materials:
List primary materials used. Start with the support/base material and work your way out
or by order of application. (Please include brand name, model, color names/codes, etc.).-
Material Brand Color#/Name or Finish Size/Model#
EPS, fiberglass, cement Drivit Genesis DM
Porcelain tile, glass Various Various Various
Urethane Grout Bostik Neverseal Classic Bone
Urethane Grout Bostik Dimensions Silver
Urethane Grout Bostik Dimensions Snowflake
Steel base, powdercoated touch up paint left with
Meridian
(LNiWE IDIAy