Acceptance Agreement with Richard Lowe for Display of Artwork in Initial Point GalleryACCEPTANCE 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 ~~ day of ,
2012 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized n er
the laws of the State of Idaho ("City"), and Richard Lowe, an individual person whose address is 980
W. Recess Way, Kuna, Idaho ("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 ExhibitA, 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 3, 2011, 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 6, 2011, by the passage of Resolution no. 11-
825, 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 6, 2012, at 9:00 a.m., or at such
time and date as is mutually agreed-upon by the Artist and 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 installing such artwork on January 6, 2012 at the direction of the Gallery Curator;
shall allow the display of such work in Initial Point Gallery from January 6, 2012 to February 3,
2012, in accordance with the terms of this Agreement; and shall be responsible for removal of such
artwork on February 3, 2012, at 9:00 a.m., or at such time and date as is mutually agreed upon by
the Artist and 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.
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 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.
ACCEPTANCE AGREEMENT
INITTAL POINT GALLERY DISPLAY PAGE 2
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 jury, 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 Executive
Assistant.
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 maybe 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.
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 properly, and from any and
all losses and expenses caused or incurred by Artist or Artist's servants, agents, employees,
guests, and/or invitees.
ACCEPTANCE AGREEMENT
INITIAL POINT GALLERY DISPLAY PAGE 3
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 ofthe 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 compensationrnsmance, 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 any term or
condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of
this Agreement, falsified any record or document required to be prepared under this Agreement,
engaged in fraud, dishonesty, or any other act of misconduct in the performance of this
Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material
obligations under this Agreement; the other Party shall have the right to terminate the
Agreement by giving written notice to the defaulting party of its intent to terminate, and shall
specify the grounds for termination. The defaulting party shall have twenty-four (24) hours
after receipt of such notice to cure the default. If the default is not cured within such period,
this Agreement shall be terminated upon mailing of written notice of such termination by the
terminating party.
B. Termination without cause. City may inunediately terminate this Agreement for any reason at
any time without prior notice to Artist.
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.
ACCEPTANCE AGREEMENT
IMTIAL POINT GALLERY DISPLAY PAGE 4
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 al] 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 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:
ACCEPTANCE AGREEMENT
INITIAL POINT GALLERY DISPLAY PAGE S
Artist:
Richard Lowe
980 W. Recess Way
Kuna, Idaho 83634
(208) 861-9447
Rich524k@aol.com
Gallery Curator:
Dwight Williams
Meridian Arts Commission
33 E. Broadway Ave.
Meridian, Idaho 83642
(208)887-6473
dwight5332@q.com
C
Emily Kane, Deputy City Attorney
City of Meridian
33 E. Broadway Ave.
Meridian, Idaho 83642
(208) 898-5506
ekane@meridiancity.org
Any party may change its respective address for the purpose of this paragraph by giving written
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 ! -I day
of p~I~ ~ s ~ ~, 2012.
ARTIST:
Richard Lowe P
CITY OF MERIDIAN: Q
BY: ~ l~f °`
Tammy de We ,Mayor o~sennu
o~
3`
Attest:
~ERID
Jaycee
City Clerk ~ ~:
JrE SEAL
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X66 eT 4e TAF FF~%
ACCEPTANCE AGREEMENT
INITIAL POINT GALLERY DISPLAY PAGE 6
Exhibit A
Meridian ~ Commission
Call for Artists: 2012 IN11'IAL POINT GALLERY SERIES
The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/or three-dimensional
artwork as part of the 2072 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 Paint 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 Che gallery's equipment; requires unusual maintenance,
handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Each piece to be
displayed will be evaluated for its compliance with these general requirements. Selectees will be asked to enter into
an Acceptance Agreement with the City setting forth specific conditions of display. Selectees may reapply biennially.
PROPOSAL REQUIREMENTS:
Artists or organizations wishing to display work in the 2012 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;
• Biography of the artist or informational statement regarding organization;
• Letter of intent;
• Five (5) digital images representational of the works proposed for display, on a CD (for organizations, each image
must be of a different artist's work); and
• $35 gallery maintenance fee (nonrefundable).
• Details and forms are available at the City's website, http://www,meridiancity.org or upon request. Limited
assistance producing digital images may be available upon request. Materials submitted cannot be returned,
DEADLINE:
All proposals must be received by MAC by 5:00 p.m. on Friday, October 28, 2011.
SELECTION PROCESS:
The selection of art for the 2072 Initial Point Gallery Series will be made by MAC. MAC will notify Selectees by letter
sent U.S. Mail, In evaluating eligible proposals, the following factors will be considered:
• Quality of work;
• Appropriateness of subject and concept for a functioning government workplace;
• Consistency with City policy and community values; and
• Contribution to aesthetic and cultural atmosphere of Meridian City Hall.
RESOURCES PROVIDED UPON SELECTION:
The City of Meridian will provide selected artists/organizations with the following resources:
• Volunteers to assist artist/organization with installing and removing each piece of artwork;
• Track system for hanging 2D art, using wires that are attached to hooks;
Four enclosed pedestals for 3D art, each approximately 24 inches square;
• Space for artist information and/or an information board; and
Publicity of the exhibit through City contacts, local media, and other informational forums.
CONTACT MAC: By mall:
By a-mail:
Meridian Arts Commission
Attn; 2012 Initial Point Gallery Series
33 East Broadway Avenue
Meridian ID 83642
mac®me ridiancity. org
Exhibit B
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Meridian Commission
Application £t Acknowledgments: 2012 INITIAL POINT GALLERY SERIES
ARTIST/ORGANIZER CONTACT INFORMATION:
Check one: ~ I am submitClnii this form as an individual artist.
L7 I am submitting this form on behalf of an organization.
ArkistlOrg. Name: ~~ ~~~ n ~ r'
Organizer name:
€-mail address:
Mailing Address:
Physical Address:
Phone numbers;
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 these display cases with 3D artwork:
^ 24"W>24"Dx42"H 0124"WxZ4"Dx36"H ^ 24"Wx24"Dx30"H 124"Wx24"Dx24"H
Number of ZD pieces: Average size of 2D pieces; ~~ ~
Number of 3D pieces: Average size of 3D pieces: r~ "y`' ~ x ' 7o Z.J x i Z N }~
APPLICATION MATERIALS:
Completed, signed Application & Acknowledgements Form
~ ~ Biography of artist or fnformational statement regarding aiganlzation, no longer than one Sy x t i"page;
' ~ A latter of Intent, describing:
a. Artist/Organization's vision for and/or theme of the proposed display;
b. Number, dimensions, prices, and medium or media utilfzecl in the works to be displayed;
c. Any publicity that the ArtistlOrganizatlon plans to undertake if selected; and/or'
d. Any atypical roues or challenges regarding hanging or display of the works proposed for display.
~$~ Up to five dlgltal,images of work representational of the artist's/organization's work on a CD, resotutinn of 300 dpi
at a minimum size of 5x7", in ,jpg format. Please name each image file with artist's last name or organization
name and the Nkle 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.
~J $35 gallery malneenance 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. Artwork displayed in the
gallery will be hung from cables using hooks, and therefore must be equipped with one D ring on the back of the frame,
or two D rings on the sfde rails on the back of the frame, as illustrated below. 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, and are not allowed. Initial Point Gallery also
provides four display cases, each with different dimensions, for displaying three-dimensional artwork.
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ACKNOWLEDGMENTS:
I, 111c fF14R11 L.t9r., ti~ ,hereby acknowledge tho 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 spedfic terms and conditions that shall beset forth in a separate, written Acceptance
Agreement between myself and the City of Meridian, I specifically acknowledge that:
LL A. Before my work will be displayed In Initial Point Gallery, I will be required to enter into an Acceptance
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 Gity 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 far any loss or damage.
C. 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 arkwork
displayed in Initial Point Gallery.
D. While artwork displayed in Initial Point Gallery maybe passively offered for sale by means of an
Informational table, board, or handouk as provided or allowed by the City of Meridian, no piece
displayed in Initial Point Gallery may have a visible price tag.
)2 L E. While it is inkended that each exhibit in Initial Point Gallery will be displayed for a one• to two month
'"r' r period, this period may be shortened by the City of Meridian for any reason, withouC notice to the
artist or organization.
~l.- P. The City may display the work of more than one artist or organization in Initial Point Gallery at any
' R Cime, at the City's solo discretion.
G. Artwork submitted For display in Initial Point Gallery must be original works conceived and created
'T 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
" '^~ City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that
City Hall 1s 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; _,,r21el~MY~k-tifil l.C3aJ~
pate; D - -
Topropose an exhibition in Initial Point Gallery, please submit this form, completed in full, with the required
materials and fee, via U.S, mail, Co:
Meridian Arts Commission
Attn; Initial Point Gallery
33 East Broadway Avenue
Meridian ID 83642
Thank you for your interest)
Richard Lowe
I have been designing and building custom furniture for more than 20 years
as more or less just a hobby. I have recently been sculpting out of exotic soft
and hardwoods. I enjoy turning a piece of raw wood into some thing
beautiful.
Letter of intent:
T am submitting 4 sculptor pieces for your 3D display.
If MAC picks one of my pieces I will use that on my resume.
1St. piece is called Fire (natural) out of Curly Maple wood and is 17" x 8" x 8"
$100.00
2"~. piece is called Fire (red) out of died Bass wood and is 21" x 12" x 11"
$189.00
3`d. piece is called Flower out of Peruvian 'UValnut wood and Is 18" x 9" x 8"
$100.00
4'h. piece is called Swan (blue) out of died Bass wood and is 21" x .14" x 3"
$149.00