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2012-01-03~~E IDIAN~--- IDAHQ CITY COUNCIL REGULAR MEETING AGENDA Tuesday, January 03, 2012 at 7:00 PM 1. Roll-Call Attendance X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Ma or Tamm de Weerd _ Y Y 2. Pledge of Allegiance 3. Community Invocation by Dee Carter with the LDS Church 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Approve Minutes of November 29, 2011 City Council Special Joint Meeting B. Approve Minutes of December 6, 2011 City Council Pre Council Meeting C. Approve Minutes of December 6, 2011 City Council Regular Meeting D. Approve Minutes of December 13, 2011 City Council Workshop Meeting E. Approve Minutes of December 20, 2011 City Council Regular Meeting F. Acceptance Agreement: Display of Artwork of Kathy Kostka in Initial Point Gallery from March 2 to March 30, 2012 G. Acceptance Agreement: Display of Artwork of Charles and Tracy Hoffman in Initial Point Gallery from March 30 to April 27, 2012 Meridian City Council Meeting Agenda -Tuesday, January 03, 2012 Page 1 of 4 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. H. Acceptance Agreement: Display of Artwork of Lori K. Seale in Initial Point Gallery from November 2 to November 30, 2012 I. Acceptance Agreement: Display of Artwork of Lisa Flowers Ross in Initial Point Gallery from November 30 to December 28, 2012 J. Acceptance Agreement: Display of Artwork of Nampa Art Guild in Initial Point Gallery from June 29 to August 3, 2012 K. Acceptance Agreement: Display of Artwork of Pam Grant, Sally Pollard, and Barbara Watkins in Initial Point Gallery from June 1 to June 29, 2012 L. Acceptance Agreement: Display of Artwork of Kathleen Probst in Initial Point Gallery from November 30 to December 28, 2012 M. Acceptance Agreement: Display of Artwork of Joyce Green in Initial Point Gallery from February 3 to March 2, 2012 N. Acceptance Agreement: Display of Artwork of Theresa Burkes and Andrea Harris in Initial Point Gallery from August 3 to August 31, 2012 0. Acceptance Agreement: Display of Artwork of Patricia Mortenson Fennell in Initial Point Gallery from August 31 to September 28, 2012 P. Acceptance Agreement: Display of Artwork of Bev Blank in Initial Point Gallery from February 3 to March 2, 2012 Q. Acceptance Agreement: Display of Artwork of Lauren Kistner in Initial Point Gallery from January 6 to February 3, 2012 R. Acceptance Agreement: Display of Artwork of Richard Lowe in Initial Point Gallery from January 6 to February 3, 2012 S. Acceptance Agreement: Display of Artwork of Dwight and Barbara Williams in Initial Point Gallery from March 2 to March 30, 2012 T. Approval of Beer and Wine Owner transfer from Divine Wine LLC to Helina Marie's Inc. dba Divine Wine Bar located at 2310 E. Overland Rd. Meridian City Council Meeting Agenda -Tuesday, January 03, 2012 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents andlor hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. U. Pedestrian Pathway Easement for Zebulon Heights Subdivision No. 4 V. License Agreement Between the Nampa-Meridian Irrigation District and the City of Meridian Regarding the Proposed Five Mile Creek Pathway, Segment H1 W. Findings of Fact, Conclusions of Law for Approval: PP 11-010 Ten Mile Crossing (fka Meridian Crossings by Meridian 118, LLC Located at 1085 S. Ten Mile Road Request: Preliminary Plat Approval Consisting of 105 Building Lots (52 Residential and 53 Non-Residential and 4 CommonlOther Lots on 115.26 Acres of Land in the R-40, M-E, C-C and H-E Zoning Districts X. Task Order #10162c for the Turbo Blower Installation Services During Construction and Control System Implementation Services with CH2M Hill for aNot-To-Exceed Amount of $84,448.00 6. Community Items/Presentations A. Swear in Mayor - Tammy de Weerd B. Swear in City Council Memberfor Seat No.1- David Zaremba C. Swear in City Council Member for Seat No. 3 -Charlie Rountree 7. Items Moved From Consent Agenda None 8. Department Reports A. City Council: Election of New City Council Officers President -Brad Hoaglun Vice President- Charlie Rountree B. Police Department: Audatex Contract Approval for Code Enforcement for a Not-to-Exceed Amount of $1,836.00 Removed from agenda C. Public Works: Outreach Plan forWater Conservation Plan 9. Ordinances Meridian City Council Meeting Agenda -Tuesday, January 03, 2012 Page 3 of 4 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. A. Ordinance No. 12-1500: An Ordinance of the City of Meridian Amending Title 3, Chapter 2, Meridian City Code, Regarding Liquor Related Offenses; and Providing an Effective Date Approved 10. Future Meeting Topics Adjourned at 1:36 p.m. Meridian City Council Meeting Agenda -Tuesday, January 03, 2012 Page 4 of 4 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 3, 2012 A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, January 3, 2012, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, David Zaremba, Keith Bird, Brad Hoaglun and Charlie Rountree. Others Present: Bill Nary, Jaycee Holman, Pete Friedman, Warren Stewart, Kyle Radek, Perry Palmer, Jamie Leslie and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba _ _ X__Brad Hoaglun X Charlie Rountree X .Keith Bird Mayor Tammy de Weerd De Weerd: Well, welcome and Happy New Year. I hope everyone had good holidays and -- and it's 2012, it's the beginning of the year and it's time to get back to work. Anyway, that's what I told everyone today. So, we will go ahead and get the meeting started. First I would like to welcome everyone for being here. This is a special time for us and we appreciate you being here to share with us. For the record it is Tuesday, January 3rd. It's 7:00 p.m. We will startwith roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is our pledge of allegiance. Tonight we will. be led in the pledge by Troop 156 and they will give us instructions on what we need to do. This is the Meridian Greens LDS Ward group. We will be led by Cooper Montour, Dallen Crawford and John Skogsberg, so -- (Pledge of Allegiance recited.) De Weerd: And if I could ask the three of you to come forward. I do have a City of Meridian pin that I would like to offeryou for leading us in the pledge. Item 3: Community Invocation by Dee Carter with the LDS Church De Weerd: Item No. 3 is our community invocation and we will be led by Dee Carter with the LDS church. If you will all take this opportunity to join us in the community invocation orfor a moment of reflection. Thankyou for joining us. Carter: Our Father in Heaven, we approach thee in gratitude this evening for the many blessings which we enjoy. We are so grateful for this opportunity to be present this evening at this City Council meeting. We are grateful for Mayor de Weerd and for her Meridian City Council January 3, 2012 Page 2 of 15 leadershi and for all of those who serve in any capacity on the City Council and in all of p the de artments of the cit . We are grateful for their service and for their leadership. p Y We are rateful to live in this community and to enjoy the freedoms that we do and to g have the amenities that we do and to have those that serve us and make life comfortable for us. We pray that thy spirit might be here in abundance this evening Burin this meeting, that the topics that are discussed will be relevant and that those 9 . individuals who are participating will be able to work together to understand the issues and to be able to come to conclusions, to find answers, solutions and to have strategies in mind. Father in Heaven, we also ask that thy spirit may continue to reside on this communit ,that it will continue to be progressive and that together we can enjoy it and Y . that we will be safe and protected and for these things we pray humbly in the name of thy son Jesus Christ, amen. De Weerd: Dee, I would also like to offer you a city of Meridian pin. This is the first time ou have joined us and we appreciate it. Y Carter: Thank you. Item 4: Adoption of the Agenda De Weerd: Thank you.. It's a good way to kick off 2012. Item No. 4 is adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: A couple items to note on the agenda. Under eight -- Item 8, Department Reports, 8-B, the police department requested to remove this item from the agenda. Under 9-A, that ordinance number is 12-1500. So, with those, Madam Mayor, I move adoption of the agenda as amended. Rountree: Second. De Weerd: I have a motion and a second to adopt the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Approve Minutes of November 29, 2011 City Couneil Special Joint Meeting B. Approve Minutes of December 6, 2011 City Council Pre Council Meeting Meridian City Council January 3, 2012 Page 3 of 15 C. Approve Minutes of December 6, 2011 City Council Regular Meeting D. Approve Minutes of December 13, 2011 City Council Workshop Meeting E. Approve Minutes of December 20. 2011 City Council Regular Meeting F. Acceptance Agreement: Display of Artwork of Kathy Kostka in Initial PointGallery from March 2 to March 30, 2012 G. Acceptance Agreement: Display of Artwork of Charles and Tracy Hoffman in Initial Point Gallery from March 30 to April 21,2012 H. Acceptance Agreement: Display of Artwork of Lori K. Seale in Initial Point Gallery from November 2 to November 30,2012 I. Acceptance Agreement: Display of Artwork of Lisa Flowers Ross in Initial Point Gallery from November 30 to December 28, 2012 J. Acceptance Agreement: Dispfayof Artwork of Nampa Art Guild in Initial Point Gallery from June 29 to August 3, 2012 K. Acceptance Agreement: Display of Artwork of Pam Grant, Sally Pollard, and Barbara Watkins in Initial Point Gallery from June 1 toJune29, 2012 L. Acceptance Agreement: Display of Artwork of Kathleen Probst in Initial Point Gallery from November 30 to December 28, 2012 M. Acceptance Agreement: Display of Artwork of Joyce Green in Initial Point Gallery from February 3 to March 2, 2012 N. Acceptance Agreement: Display of Artwork of Theresa Burkes and Andrea Harris in Initial Point Gallery from August 3 to August 31,2012 0. Acceptance Agreement: Display of Artwork of Patricia Mortenson Fennell in Initial Point Gallery from August 31 to September 28, 2012 P. Acceptance Agreement: Display of Artwork of Bev Blank in Initial Point Gallery from February 3 to March 2, 2012 Meridian City Council January 3, 2012 Page 4 of 15 Q. Acceptance Agreement: Display of Artwork of Lauren Kistner in Initial Point Gallery from January 6 to February 3, 2012 R. Acceptance Agreement: Display of Artwork of Richard Lowe in Initial PointGallery from January 6 to February 3, 2012 S. Acceptance Agreement: Display of Artwork of Dwight and Barbara Williams in Initial Point Gallery from March 2 to March 30,2012 T. Approval of Beer and Wine Owner transfer from Divine Wine LLC to Helina Marie's Inc. dba Divine Wine Bar located at 2310 E. Overland Rd. U. Pedestrian Pathway Easement for Zebulon Heights Subdivision No.4 V. License Agreement Between the Nampa-Meridian Irrigation District and the City of Meridian Regarding the Proposed Five Mile Creek Pathway, Segment H1 W. Findings of Fact, Conclusions of law for Approval: PP 11-010 Ten Mile Crossing (fka Meridian Crossing) by Meridian 118, LLC Located at 10855. Ten Mile Road Request: Preliminary Plat Approval Consisting of 105 Building Lots (52 Residential and 53 Non-Residential and 4 CommonlOther Lots on 115.26 Acres of Land in the R-40, M-E, C-C and H-E Zoning Districts X. Task Order #10162c for the Turbo Blower Installation Services During Construction and Control System Implementation Services with CH2M Hill for aNot-To-Exceed Amount of $84,448.00 De Weerd: Item 5, Consent Agenda. Hoaglun: Madam Mayor? DeWeerd: Mr. Hoaglun. Hoaglun: There are no items to note on the Consent Agenda, so I would move approval of the Consent Agenda and the Mayor to sign and Clerk to attest. Bird: Second. Rountree: Second. Meridian City Council January 3, 2012 Page 5 of 15 De Weerd: I have a motion and a second to approve the Consent Agenda. If there is no discussion from Council, Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 6: Community ItemslPresentations A. Swear in Mayor - Tammy de Weerd De Weerd: Item No. 6 is our community presentation for the swearing in of the newly elected ositions. We will have the swearing in and, then, I will ask each if you have p .. an remarks and we will hold it until after the swearing in ceremonies. So, I will join Y , ou, Madam Clerk, in the front and joining me --and you all know I m emotional, so --III Y take a breath before I say it -- my daughter Janelle -- my husband is out of town, so my dau hter Janelle is going to join me, as she has done in the past, and perhaps my little g randdau hter Bella, if she has enough courage to come forward. So, Janelle, if you g g will join us. Holman: Are you ready? Okay. Place your right hand on the Bible. Okay. I, Tammy de Weerd, do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of Idaho and that I will faithfully discharge the duties of Mayor of the City of Meridian according to the best of my ability. (Repeated by Mayor de Weerd.) Holman: Thank you. De Weerd: Thank you. B. Swear in City Council Member for Seat No.1-David Zaremba De Weerd: Item 6-B is the swearing in for Council Member Zaremba and he represents Seat No.1 and with him tonight is his lovely bride. Zaremba: I'd like to be joined by Renee Zaremba, please, who is my wife. Holman: Place your hand on the Bible. I, David Zaremba, do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of Idaho and that I will faithfully discharge the duties of City Council Member Seat 1 of the City of Meridian according to the best of my ability. (Repeated by Councilman Zaremba.) Meridian City Council January 3, 2012 Page 6 of 15 Zaremba: Thank you very much. C. Swear in City Council Member for Seat No. 3 -Charlie Rountree De Weerd: Okay. Our next item also the swearing in of Council Member for Seat No. 3, Council Member Rountree. Rountree: And, Madam Mayor, thank you. If I could have my -- my bride of almost 43 years and how about my grandson and my granddaughter. They look like they are pretty eager back there. Holman: Do you want to hold the Bible for him to put his hand on? Okay. Hold it right there for him. Got it? Okay. All right. I, Charlie Rountree, do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of Idaho and that I will faithfully discharge the duties of City Council Member Seat 3 of the City of Meridian according to the best of my ability. (Repeated by Councilman Rountree.) Rountree: Thank you. De Weerd: Well, I certainly will yield the floor to my fellow councilmen first. If you have any remarks I would invite you to make them at this time. Zaremba: Thank you, Madam Mayor. I will comment. Appreciate the support of all of you who have come out tonight and many others who choose to re-elect me and all three of us again. We have felt for some time that we have a group that works very well together and I will have to say it feels like some validation that significant voters felt that we work well enough together that we were all re-elected. That makes my job much easier to be able to work with a group of people that I enjoy working with. As I often say, we don't always start out agreeing with each other, but we share a common vision and end up agreeing with each other and supporting whatever decisions that we make and it's just a pleasure to work in that environment and I hope and pray that we continue to do the best that we can for the City of Meridian and for the citizens and I really appreciate all of your support. So, thank you very much. Rountree: Thank you, Madam Mayor. First I want to thank my family pretty much occupying the back row. Son, sister, daughter-in-law, grand children and wife. At least the folks that live here in Meridian. Thank you for being here and thank you for the support and your generosity to allow me the time to do what I do for the City of Meridian. Thank the rest of you for being here this evening, for taking time out of your busy day to be here and celebrate with us. It is a special day for all of us. Actually November 8th was a very special day for all of us in having the election over. But now that reality sets in we have four more years, at least the three of us just recently elected, to continue our journey with the City of Meridian and try to accomplish the goals and Meridian City Council January 3, 2012 Page 7 of 15 objectives that have been set for us through public input and the public's desires. I'm looking forward to the next four years. It will be the completion of my fourth term on City Council and in spite of what we have seen the last couple three years we see some actual light at the end of the tunnel and it's not just a train. We see the economy picking up. We see commercial activity picking up in Meridian and it looks like days are going to be brighter ahead. Thank you again for all being here and thank particularly my family. De Weerd: Okay. I'll try and do this without too much disturbance with my Bartlett trend of emotion. The confidence that my staff has. You know, after the election I was asked if I would have preferred not to have candidates running against me and if you had asked me that before the filing I would say heck yes. But today I would say no, because I learned far too much during that campaign trail in what an amazing community that we have and how blessed I am. I am not just blessed by my family that I have an incredible amount of support from -- my biggest supporter and cheerleader, unfortunately, isn't here, but closely behind him was my stressed out daughter that was so thrilled when it finally was over and that my daughter who is in the Netherlands that couldn't be here and this is the first election that she had missed. I have two families now in the equation. My daughter and son-in-law, who brought my little Bella. They -- they were there every knocking on the door and they went as a family and so if you were one of the few or one of the many that they knocked on your door, you probably had six happy faces facing you when you opened it and they told you exactly why you should support their mom. I have a son who also inherited three kids in his marriage and they were out putting up campaign signs and knocking on doors and just the tremendous support by my family. I am incredibly grateful for them. I had a faith community that didn't hesitate to put this community out in prayer and to pray for strength for all the candidates, whether it was to win or not, it was for God's will and I felt that blanket of prayer throughout that campaign trail and for that I am incredibly blessed. For the campaign team, second to none, led by Adrean Casper and some amazing old friends like the Gardners and new friends, like Genesis and Tom Hollis. It just never ceases to amaze me that people stepped up and they gave and they gave and they gave and they gave some more, because they believed in where we were going as a community and they wanted to continue to see that vision happen and that vision is not just mine, mind you, it is the team up here, it is the team of directors that are highly qualified and I would put my reputation behind any one of them, because they are true public servants, as are every single one of your City of Meridian employees. They have worked with a brave face in some real difficult economy to bring customer care to our citizens and our businesses to weather the storm and I think we have done that quite well. So, to each and every one of you I thank you, because it is truly an honor to be involved with such a team. Then we have some amazing city volunteers and community volunteers that just -- I think that there is no question -- probably from anyone in this room -- that this community is not the best in this nation. We have a budget that's in the black. We have a community whose services continue to improve in spite of the challenges and we have a future that is bright and it is only limited by our own imaginations. We have tremendous opportunity and we have a vision by those that serve you to accomplish our full potential and that's what you're going to see in the next four years and beyond, that Meridian City Council January 3, 2012 Page 8 of 15 continued dedication from those public servants to be the best, to make sure that your service is the best and that's because you should demand that of all of us and we want to ste u and rovide that. We had business support. We had HOA support. We had pp p tremendous su ort and it wasn't just one group or a handful, it was our whole pP communit and I am forever grateful and indebted to you and I am pledging the next y four ears I will work and work hard to maintain your trust and to keep the progress that Y this communit has been able to realize over the last decade and I definitely look Y forward to continuing to serve with each and every one of you and I am very blessed and rateful that you're here tonight and that you continue to support us even when you g don't agree with us, but when you don't please reach out and let us know. That is one thin that I did find. I met with my opponents after everything was all said and done and g we sat down and we had a good discussion on what was on their mind, what prompted them to run, what compelled them and what they were passionate about and that was im ortant, because I realize that not everyone is going to tell us what is on their mind, p but we ask that you tell someone, because we want to be accountable to you or our citizens and our businesses. That's important. And if we don't know that there is something we can be doing different, it's hard to -- to realize that there is opportunities and we can only improve together. Another thing I learned along the campaign trail is that we have to care about our community and it's not that I didn't care, but I need to care about who our elected officials are. I need to care about state level elections. I need to care about our federal level elections and l ask you to as well. We want people who will speak for our community and for our needs at the state and federal levels and I did learn that it's not good to just sit on the sidelines, we need to engage and we need to think community first. That's important. We have primaries coming on this spring and this is not a political platform and I'm not going to tell you who you should look at, but but we need to evaluate our candidates and we need to make sure that they keep in mind the needs of our community and, yes, they have to serve an entire state, but they better be a voice for you our people, because we need that voice at the state level. We have a lot of challenges and we have some needs. And, finally, I did take this opportunity coming into the next four years to develop four different work groups. Those work groups are a reflection of some of the things that we heard along the campaign trail and areas that probably were top on people's minds. Jobs. Our business climate. How we communicate with you our residents and our businesses. And services. We have four to five people in each of these different work groups that are working on your behalf. I did not give them their charter. I give them theirtopic and they are developing their charter, so that they can come back as a voice of our community and give us some feedback that we can look at developing and implementing over these next four years. I look forward to their comments and to their recommendations. Finally I would invite you to the State of the City on February 1st where we will share with you all that has been done on your behalf and what we have left to do and we will challenge all of you to step forward and be involved in this dynamic community, because together I know we will continue that promise that our Councilman Rountree talked about and we can bring this community to new heights and be a model that others can take lessons from and so I look forward again to serving this community another four years and my heartfelt thanks to each and every one of you for being here. So, thank you. Meridian City Council January 3, 2012 Page 9 of 15 Hoaglun: Madam Mayor? De Weerd: I think you did that just because I didn't cry. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Just a quick comment to congratulate you and Councilman Rountree and Councilman Zaremba on your victory being re-elected. It is a pleasure to serve with you. Incase people haven't noticed, the Mayor has a passion for this city, but I think it's very obvious and as do our Councilmen and it is great to come here on Tuesday night and work together and we work -- we work on quite a few things in a variety of settings, but to have the respect and -- and to work with people that you enjoy working with and people who bring their passion and perspective to issues is a great way to -- to be involved in the city and I just think we are fortunate to have these folks continue on. And also I think, you know, from the taxpayer perspective it just saves money, since the Council and Mayor are re-elected and we are the same ones, we don't have to get a new picture done this year. I like that. De Weerd: Well, I was kind of looking forward to that. Thank you, Mr. Hoaglun. Bird: I didn't want to break another camera, so I just -- I enjoy working with all you guys. I'm so happy you got re-elected, to be truthful with you, and we have worked together for lots of years and every one of us have a passion for Meridian or we wouldn't be sitting here and, you know, we all know it's the greatest community in the United States and we hope to continue to be the greatest community in the United States and with the help of the citizens and our leadership in the right direction it will be. And thank you guys. I'm glad you were re-elected. Rountree: Thanks, Keith. De Weerd: Thank you. Zaremba: Thank you. De Weerd: And, again, I -- I had a long list -- in fact, I started writing down names and I thought -- okay, I'm not going to do it. But I think each of you know who you are and whether it was a vote or outdoor knocking or making phone calls or whatever it was -- John Burnes, we appreciate -- we appreciate your support and even if you didn't vote for me I appreciate those that did get out and vote and that you were part of what people like John Burnes do to protect our freedoms and our rights to get out there. So, thank you again. And you don't have to stay the whole meeting if you don't want to. So, we will go ahead and continue on with our agenda. Meridian City Council January 3, 2012 Page 10 of 15 Item 7: Items Moved From Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 8: Department Reports A. City Council: election of New City Council Officers De Weerd: Item 8, under Department Reports, I'll turn this over to our City Council for election of new City Council officers. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would nominate Councilman Brad Hoaglun to be president of the City Council. Rountree: Second. De Weerd: Okay. A motion and a second to .nominate Mr. Hoaglun for Council president. Are there any further nominations? Bird: I move we close. Zaremba: Second. De Weerd: It's been moved and seconded to close nominations. We have a nomination for Councilman Hoaglun. Do you accept that nomination? Hoaglun: I accept. Yes. Thank you. De Weerd: Well, good. That's a good thing, since there wasn't another choice. Would ouncil -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we -- I nominate Charles Rountree for vice-president. Zaremba: Second. De Weerd: I have a motion and a second to nominate Councilman Rountree. Do you accept that nomination? Meridian City Council January 3, 2012 Page 11 of 15 Rountree: I do, Madam Mayor. Okay. Any further nominations. Zaremba: Madam Mayor, I move that nominations cease. Bird: Second. De Weerd: Okay. Motion and second to close nominations. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Your slate of officers are Councilman Hoaglun for president and Councilman Rountree for vice-president. I will ask our city clerk to roll call, please. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Congratulations. MOTION CARRIED: ALL AYES. De Weerd: And. at our next meeting we will ask Mr. Hoaglun to make Council liaison appointments. Hoaglun: Oh, I look forward to that, Madam Mayor. Thank you. De Weerd: I do, too. B. Police Department: Audatex Contract Approval for Code Enforcement for aNot-to-Exceed Amount of $1,836.00 De Weerd: Item 8-B was removed from the agenda. C. Public Works: Outreach Plan forWater Conservation Plan De Weerd: And so I will move to Item 8-C, which is our Public Works director, Iwill -- oh. To Mr. Kyle and --for the outreach plan for water conservation. Radek: Madam Mayor, Council Members, in October I brought you a draft Meridian Water Conservation Plan that a working group composed of citizens and business leaders in the community had worked on and you directed that I move forward with an outreach plan and I just wanted to come back and report on how that went. We put -- put the draft conservation plan on the website, put a posting on Facebook, put it out in the city news and held a public meeting in November -- I believe it was November 12tH -- either the 12th or the 15th -- and we had some interest and some -- some amount of comments on the water conservation plan. We didn't have any negative comments. We had some constructive comments, including comments regarding source water Meridian City Council January 3, 2012 Page 12 of 15 protection and storm water pollution prevention. So, it was a constructive effort. We did not have substantive changes requested and we feel like we have a pretty conservation plan draft that includes things like creating automatic alerts when people have leaks, requesting a budget for conservation, forming regional water conservation groups, lots of outreach and things like that and what I would like to do -- we are also just about done with our water master plan 2011 update, which is good, since it's 2012. But we anticipate that in three to four weeks we will be ready to bring that in front of you, the water master plan, so -- and, really, the conservation plan is a part of the water master plan, so what I would propose is -- I would certainly welcome any questions or comments you have about the draft water conservation plan at this time, but I would propose that I come back to you with the water master plan and the water conservation plan and we can get those adopted by Council at the same time, probably late January or early February. De Weerd: Thank you, Kyle. Counsel, any questions or comments? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Kyle, I'd prefer you bring it back in mid February. I think all -- everybody would be done with vacationing by then, so all four of us will be here. And you will get the water plan out to us before? Radek: Councilman Bird, absolutely. Bird: Okay. Yeah. I think that's a great idea, Madam Mayor. I think it's a very good idea. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I agree. I think that bringing those two together is a good idea. Is that going to be a separate chapter or is it going to be actually a separate document? Radek: My intent was to have it be a separate document. Rountree: Okay. Radek: We have a lot of actions in the conservation plan that require updating quite often, whereas the water master plan update we generally do every five years. Rountree: Okay. Thank you. De Weerd: Okay. Anything further from Council? Meridian City Council January 3, 2012 Page 13 of 15 Rountree: I have none. Hoaglun: I have none. De Weerd: Okay. Radek: Madam Mayor, Councilmen --Council Members, thank you. De Weerd: Thank you, Kyle. No slides? Radek: Madam Mayor, I apologize, no -- no eye candy, no -- nothing today. De Weerd: Wow. Bird: No 32 slide presentation? Item 9: Ordinances A. Ordinance No. An Ordinance of the City of Meridian Amending Title 3, Chapter 2, Meridian City De Weerd: That was your Christmas gift, Council. Okay. Item 9-A is Ordinance 12- 1500. Madam Clerk, will you, please, read this ordinance by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 12-1500, an ordinance of the City of Meridian amending Title 3, Chapter 2, Meridian City Code, regarding liquor-related offenses and providing an effective date. De Weerd: You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? Seeing none -- Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Ordinance No. 12-1500 with suspension of rules. Hoaglun: Second. De Weerd: I have a motion and a second to approve Item 9-A. Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. Meridian City Council January 3, 2012 Page 14 of 15 MOTION CARRIED: ALL AYES. Item 10: Future Meeting Topics De Weerd: We are at Item No. 10 under future meetin to ics. Council an to ics for g p ~ Y p future agendas? Zaremba: I have none. Rountree: I have nothing right now. De Weerd: Council, I guess I would like to discuss with our new Council resident kind p of a public comment piece to our agendas, if someone wants to brin somethin to ., 9 g Councils attention, that we would have an opportunity that they could do that and maybe we can talk about what some of the options are that would best fit the meetin 9 format. Hoaglun: Yeah. Certainly need to take a look at that and go forward. De Weerd: Okay.. Very good. Well, we are at the end of our agenda and it's onl .7:35. Y Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Briefly, not to take more than another minute or so, but I would sa it's been . Y my pleasure to serve as City Council president for the last two years. I have thorou hl . gY enjoyed it, enjoyed the support that I have had. I welcome Mr. Hoaglun to that position next and just want saythis is a wonderful city to work in. De Weerd: Thank you. And, Mr. Zaremba, I have appreciated working with ou in the Y capacity as City Council president and certainly as City Council member, but I have enjoyed our opportunity to talk in more depth about topics and look forward to continuing to serve with you. Zaremba: Thank you. De Weerd: If there is nothing further, Council, I would entertain a motion to ad'ourn. J Rountree: So moved. Zaremba: Second. De Weerd: All those in favor? All ayes. Meridian City Council January 3, 2012 Page 15 of 15 MOTION CARRIED: ALL AYES. De Weerd: We are adjourned. MEETING ADJOURNED AT 7:35 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) ~ l i ~o i a oil MAYOR T Y DE WGO¢4 °^u~~ST~,9~ DATE APPROVED n ^ CitS of Y / ~_ /) ""' IDAM EE w ¢~ SEAL °f gee r~E~sa~ HOLMAN, CITY CLERK ~ic~an City Counc~! ~es#~n~ • ~ ~~~ ~' N1er~n City C~~ii A~~i~r~ Meria~i~,n City G4unci! Amm an C~t~ Council Mee#ir-g , Arrci City Go~r~cil 1l~~t ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT " i made on the ;mil da of ~ f~~~~~ , RY MERIDIAN CITY HALL A Bement s y GALLE ( ~' ) 2012 "Effective Date"band between the City of Meridian, a municipal corporation organized ~ )~ y under the laws of the State of Idaho ("City"), and Kathy Kostka, an individual person whose address is 2215 W. Franklin Rd., Meridian, 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 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 3, 201 1, the Meridian Arts Commission ("Commission") reviewed the res onses to the Call to Artists, selected Artist's work for display based on the Proposal, and p 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. l 1- 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 March 2, 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 March 2, 2012 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from March 2, 2012 to March 3 0, 2012, in accordance with the terms of this Agreement;. and shall be responsible for removal of such artwork on March 30, 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 com ensation. Artist shall display Artist's artwork in Initial Point Gallery at the pleasure p f the Meridian Ci Council. City shall not provide compensation to Artist for services, work, o tY and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist ma , at the direction of and in the manner established by the Gallery Y . Curator assivel offer the artwork on display in Initial Point Gallery for sale. No price shall ~p Y .. . be dis la ed on or be roximate to any piece on display in Initial Point Gallery. City personnel PY p shall not facilitate in an wa the sale of Artist's work; any transaction related to the sale of Y Y , 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 dis la in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that p Y . Artist re laces the removed piece with another piece of artwork within twenty-four (24) hours P 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 rovide services described in this Agreement in a timely manner, as described herein. p 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 dis lay in Initial Point Gallery or any portion or component thereof, Artist p shall coordinate any and all such activity with the Gallery Curator. B. Ins ection of display. Prior to or after installation, the Gallery Curator and/or the City may p .. . ins ect and/or review the artwork proposed by Artist for display in Initial Point Gallery to p .. ensure com Hance with all criteria set forth in the Call to Artists attached hereto as Exhahat ~, p .. and the A lication and Acknowledgements Form attached hereto in Exhabit B, as well as to pP .. ensure that such artwork maybe safely and appropriately displayed in Initial Point Gallery. If the Galle 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 de icted in the Proposal set forth in Exhibit B, or cannot be safely and/or appropriately P dis la ed in Initial Point Gallery, the Gallery Curator or the City may require the immediate pY removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City ma re uire the immediate removal of such artwork from Initial Point Gallery where such Y q removal serves the best interest of the City. ~~ 's (~~ S 1 ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 2 ' i t shall and hereb does, waive any and all claims and recourse against. City, B. waiver. Arts Y , , ' the ri ht of contribution for loss and damage to persons or property arising from, including g 'n out of or in an wa connected with or incident to Artist's performance of this growl g Y Y .. ns nt whether such loss or damage may be attributable to known or unknown conditio , Agreeme , exce t for liabili arising out of the tortious conduct of City or its officers, agents or p t3' employees. Insurance Artist's res onsibility. City shall not provide insurance to cover loss, theft, or C. p . . lama e of artwork dis la ed in Initial Point Gallery or to cover any activity undertaken by g PY Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork• of the Artist's erson, property, or interests; and/or of the Artist's employees or agents p . hall be the sole res onsibili of Artist. Artist shall obtain all necessary insurance as maybe s p ~' . re uured in order to rotect Artist's insurable interests for its rights and obligations described q p .. within this A reement, including, but not limited to, liability insurance, automobile insurance, g ..l worker's com ensation insurance, and/or insurance of the artwork to be displayed in Initla p . Point Galle .Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage ~' to the artwork re aced for, transported to, transported from, installed or hung in, and/or pP 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 A reement, violated any of the covenants, agreements, and/or stipulations of g . this A reement, falsified any record or document required to be prepared under this Agreement, g en a ed in fraud, dishonesty, or any other act of misconduct In the performance of this gg A reement• or if either Party willfully or negligently defaults in, or falls to fulfill, its material g ~ . obli ations under this Agreement; the other Party shall have the right to terminate the g . A reement b ivln written notice to the defaulting party of its intent to terminate, and shall g Yg g s eci the rounds for termination. The defaulting party shall have twenty-four (24) hours p fY g . after recei t of such notice to cure the default. If the default is not cured within such period, p .. . this A reement shall be terminated upon mailing of written notice of such termination by the g terminating party. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination u on death or incapacity of Artist. This Agreement shall automatically p 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 INITIAL POINT GALLERY DISPLAY PAGE 4 VIII. GENERAL PROVISIONS. A. Relationshi of Parties. It is the express intention of Parties that Artist is an independent party p and not an em to ee, agent, point venturer, or partner of City. Nothing in this Agreement shall py be interpreted or construed as creating or establishing the relationship of employer and em to ee between Artist and City or between Artist and any official, agent, or employee of ,p y Cit .Both parties acknowledge that Artist is not an employee of City. Artist shall retain the Y 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 personas 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: 3 t~ 1 t ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 5 Artist: Kathy Kostka 2215 W. Franklin Rd. Meridian, Idaho 83642 (208) 376-0714 1 azykate_d e s i gn s @m s n. c o m Gallery Curator: Dwight Williams Meridian Arts Commission 3 3 E. Broadway Ave. Meridian, Idaho 83642 (208) 887-6473 dwight5332@q.com Cl ' 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 day of , 2012. ARTIST: 1~~ r Kathy Kosta `~ CITY OF MERIDIAN: BY: Tammy de e d, Mayor ~°~~,x~n A~~~~ ~°~ ~~~ A ~ /j Attest: ~ °~ a cee H 1 an Ci Clerk IAN y ~ ty ,.~ ODAl10 ~~' ~~ ti ~r~~ ~~~y of~4e r~EAS~~ ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 6 Exhibit A Meridian ~ Commission Ca(l for Artists: 2012 INI'~IAL POINT. GALLERY SERIES OVERVIEVII; The Meridian Arts Commission MAC}seeks proposals far the display of two-dimensional and/orthree-dimensional artwork as part of the 2012 Initial Paint Gallery Series, aseries ofone-month exhibitions in Initial Point Gallery. Initial Point Gallery is located on the third f Ivor of Meridian City Hall ~~3 E. Broadway Avenue, Meridian, Idaho}, and is open to the public during City working hours. Initial Paint Gallery provides 12o feet of total wall space for handing two- dimensional artwork, and faun. enclosed display cases far 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 Paint 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- dimensianalworks maybe 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 may reapply biennially, PROPOSAL REQUIREMENTS; Artists or organizations wishing to display work in the 201 Z initial Point Gallery Series must provide the fallowing 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 ~5j digital images representational of the works proposed for display, an a CD for organizations, each image must be of a different artist's work}; and $3a gallery maintenance fee nonrefundable}. Details and farms are available at the City's website, http;//www.meridiancity,org or upon request, Limited assistance roducing digital images may be available upon request, Materials submitted cannot be returned, P DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, October 28, 201 ~, SELECTION PROCESS; The selection of art far the 201 z 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 Nall. RESOURCES PROVIDED UPON SELECTION; The City of Meridian will provide selected artistslorganizations with the following resources; • Volunteers to assist artistlorganization with installing and removing each piece of artwork; • Track system far hanging ZA 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, loco! media, and other informational forums, CONTACT MAC; By mail: By email: Meridian Arts Commission Attn: z01 Z Initial Paint Gallery Series 33 East Broadway Avenue Meridian ID 83642 mac@meridiancity.arg Exhibit 6 (. Meridian Commission Application f~ Acknowledgments: 20121NITIAL POIIJT GALLERY SERIES ARTiST10RCANIx~R C~NTA~T INiRO#tMATION: C~eclt one; p i and ~s~bmittin~ this farm as an indi~rtdual artist q i am submit~in~ this form on behalf of an organization,. Artistlprg. Name; Organizer name; i=mail addr~sS; Mailing Address: .physical Address; P~,ane numbers; r-~~f,~~ ~I/ ~' ! 7 \ ~ ! ~n~' T~ ~~~~J~~y~• ~~ I r1 L~~~ ^ \ V ~~/ r-rrr.r.ra~.rw ~~ ~ r ^ ^ ~~ ~ i w ~w rrrn+~^~~~. ^~ ^~i~ ~ r Day: ~ ~ • . ~ ~ `7~ ~veriing: ~ ~ dell: ,~.' ~- _~~" ~ a APPI1CATiQN {}}IERYIEIN: Check all that apply: d ilwe propose tQ fill one half 4f Initial Point Gallery with.two•dirnonsional arti~ork. Ci !!we propose to ~#ll the entire initial paint gallery with two-dimensional artwork, ~ Ilwe propose ~o fill these display cases with ~~ art~rork: ~' Z4"Wx2~"Dxdz"~i 1~ Z4"Wx24"Dx3b"~ ~ ~4"~Nx2~"Dx3~"H ,i~ ~4"VIlx2~"DxZ~4"H .Nurnber of 20 pieces: Average size of 2D pieces: Number of 3D pieces: ~ ~ ~ ~ ~~,~ ~ ~~ Average size of 3Q pieces,: k ..I~~LS~~1 ~ ~l~c ~0.p~'LICATIGN MATERIALS; ~ Completed, signed Application~~t Aclcnowle~gernents Firm [~ Biography of artist ar informational statement regarding or~anizatian, ~no [on~er that ore 8~/x x ~ ~ ~' pale; G~rA letter of intent, describing; a. ArtistlOrganiza~ian's visfian for andlar theme of the proposed display; b, Number, dir~ensions, prices, and medium or media utilized in the works to be displayed; of Any publicity that the Artist/Organization plans tv undertake if selected andlor ~,Ld. Arty atypical Issues or challenges regarding hanging or disp~~y of fine works proposed for display, ~. Ll Up to five 'digital images of wdrlt representational of the artist slorgar~ixation s work on a CD, resolution of 300 dpi at ~ minimc~rn size of 5x7", in ,~pg format, Please name each ir~rage file with ~rtiSt's last name or organization dame and the title of the work ie,g~: name+tirle~ jpg}+ Materials submitted vrill not be r~turned+ Damaged or nosy compliant cps and/or images v~ill not be considered, Images wilt not be acceptodvia a-mail, ~''~35 gallery rnaint~nance fee, check made payable to the Meridian ~rt~ Commission, This fee is nunrefuridable, D15PLAY (NFQRMATiON: l~riitial point Gallery is equipped with a track system for hanging twa~dimensianal ~artwork- Artwork displayed in the gallery wilt be hunk from cables using hooks, and ;therefore roust be equipped with one p ring on the back of the frame, or two D rings on the side rails on the back of the f game, as illustrated belov~, The a-pings 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. wins, ~y~haoks, and slip fr~mas may not b~ used for h~ngi~g, end ~r~ not allowed. f~itial Paint Gallery Elsa provides four display uses, each with different dimens~ans, for displaying three~dimensianal artwork. ,;~,,,~'~'.~' .l ~~~« ., ~ ~ i ~, ~..~.~_' ~~ t` `~. !~ u ~. .~ ~ ,. 4+ ~w / ` ~ , 1 'E'~~{ ~ r ~~ . . ~~ ; '•~``- ;~ ,i ~ t ~' L •`~yt .t :~~ . ~~~ ~, ., ~ _,. z' .~ I ~~ ri t' ,. , ~~;.~ . ~_ A~KN~W~B~GM~NTS~ . , hereby acknov~ledge the follew~ng ~t~pulat~ons and agree that ~f this prapasal is 'selected fart splay at Initial paint Gallery such display shall occur'subject to these general ierrns end conditions, as well as subject to other spe~lff~ terms and Conditions that shall i3e set forth in a se~a~ate, written Acceptance Agreement between r~yself a,nd the City.of Meridian, I specifically acknowledge that; ~~~ 'k; A~ Before my warlc ~+vill be displayed in lnttial Point Caller (will be re ulre to enter into ate Acce to ~i ... Y~ , ~ . d p nee Agre~me~t with the pity of Mer~dtan establishing the specific terms and can~ditions of the display of the particular works displayed, ' ~ B. If rriy work is selected for display in Initial Point Gallery, ~e Cit of Meridian and its a ents ~wil! ~"~ ~~ exercise rofession l ~~ . ~ ~ p a care in handling and securing all artwork displayed ~n initial Point Gallery, buff cannot and will not assume liability far ar~y loss or damage. ~' C, Any insurance of the artwarlc displayed in initial Point Gallery shall be the sole ~espansib#lity of tha ~" `~~ artist. The pity of Meridian shall not provide insurance to cover lass, thei't, or damage .of artwork displayed in Irlitia4 Point gallery. ~ d, 1Nhile artworlt displayed in Initial paint gallery may be passively offered for sale by means of an "'r ~ infarmatio~a~l able, bawd, o~r handout ~s provided or allowed by the City oi''Meridi~n, no pied displayed in Initial Point Gallery may have a visible price tag, '~ ~. While it is intended that.eac(~ exhibit in In~t1~l Pant Gallery ~vill be displayed far a ane~ to two~manth ' ~ ~ c period, this period ma}~ be shortened by the City of Meridian for any reasari, w~fihout notiice to the artist or organizat#on, F, The City may display the wank of more than one artist ¢r arganizatior~ fr1 Initial Point Gallery at any ~ 'A~ Erne, at the pity's sole discretion. 1',~G. Artwork submitted far display in Init#al Point Gape must be .ori anal works conceived and created -ei ,A~. ~ g by the artist (off ~y artist Members of the organization.] submitting this application, ~~'H, Meridian Cit . Hall is rirnaril a lace of ubliabusiness a d I 'ti ' ~ ~. ,. Y p . y, , P . p n m al point Gallery ~s a pubUc place. T'he ~ ~ City seeks to encourage artistic expression and public dialogue, but dust simultaneously ensue that City Gall is a place where citizens, employees, and visitors of diverse ages and perspectives feel ~~lcome and comfortable. `ro this end, only artists and artwork meeting the eligibility standards described in the Call far Artists and following the terms set forth in the Acceptance Agreement shall be displayed in Initial point Gallery. i do acknowledge and understated each and all of the foregoing stipulations and dp agree to these general terms and conditions, Signature; ~+'` ~~~.~. ~~~~Grv Print name: ~ ~i ~ 1 ,~ `- ~. To propose are exhibition in Itlitial Paint Gallery, please submit this farm, co'mp~eted in full, with the rewired materials and fee, via U.S., mall, to: Meridian Arts Commission Attn; Init~`al Point Gallery 33 fast Broadway Avenue Meridian 1~ g36~2 Than( you for your interest! Letter of Intent 1Ne hope phis exhibit will inspire and promote the fine craft of weaving. Bev Blank and Kathy Kastka have been displaying their weaving together for the past 7 years and plan on clisp~aying weaving, fnciuding shawls and scarves of various fibers, colors and textures. We have display equipment thafi will easily fit into the pedestals for our shawls with an arrangement of smaller handwoven items around the bases. We have a mailing list from our many shows and can promote the show at the venues that we are exhibiting at now. The preferable time far our exhibit would be Winer or early Springy. Kathy Kostka I~ath~r gxev~r u~ in Me~c~.an, Idaho, whexe hex love affair with textiles began at the age o~ 12 with h~:r first 4H sewing pxojec~. After graduating high school. she mended the University o£ Idaho, getting a B.S. xn Home Economics (now Familq anal Consumer Scie~.ces) with a majox yin te~t~l.~s. ~~athy they. lived in New Jersey anc~. Califoxnia before sett.~it~g in Chicago fox seven yeaxs. While there, she taught herself spinning and weaving ~rhile working dull tinge in various accounting jobs. Her husband's work then -kook them to no~he~. Virginia where they lived for 24 years. Z~athp established ara. interior design business iu Virgiruia, speczal~zing in windovcr 1~eeatrnents, and began to sell her weaving at nume~eous cxaft fairs, along with selling and dezx~o~s~rati~g at the manor histoxica~ homes in ~~ rh.e area, including Mount Vexnon and 1Vlontpelie~. She also helped establish the textile exhibit aid Ieaxning ce~~er at SuXtp Plantation a~n Virginia. With the pwrchase of th~cee a:ngoxa rabbits, hex passion began fox the rabbits (cuxrentty numbexir~g 22), the fibex they pxoduce and the accessories she designs a~.d produces fieonz their wool. 1"-~ex weaving line consists mainly o£ shav~rZs, scarves and handbags using a va~iety~ of colo.~s, many of them ha~.d dyed. Thexe are a.~so ~uxuriou~ly so~'t, hand dyed, hard spume angora scarves and hats that have becorn~ hey sign~.tu~e pieces. ~T~ne yeas aga I~athy bought hey a~.go~:a rabbits with hex when she moved bacl~ to Idaho, where she continues to weave and shin. ~e~ designs can be found at~ the Capital City Far~.exs' ~Vlarket and at Axt Source Gallery in. Bose and the poise Airpo~. rev ~~an~ ~artdweav~r I began weaving on a frame Iaa~n that ~~y husband 6ui~t for the u~ 1972, The next year ~ learned fio weave on a floor loon that was l~ar mare co~nple~ than a #apestrSr f~rarne. Y was offered fine use of looms and other equipment that were necessarsr fo~• weaving when 1 joined an informal group afweavers whale leader lent an unused house on her ranch fox• stadia space. ~.oa~ns we1•e given to her when her generasifiy became known; the~•e were twenty at ~y last taunt, it was a wQn:derfal experience meeting to work with ofiher crafts people, sl~.ting infan~ation, and successes and failures. I load only been weaving there far a few months when another opportunity cat~e up. The ranch aw~~er, a mutual friend and I went on a weavex's tour o~'the B~tish Isles. The #rip was offered by the T~niversity of California-Davis with eight college credits in weaving at~d dyeing to be earned at Christ Chut•Gh College iu Cantexbuzy, England. weaving is an ancient cra#~. It has been suggested that early ~nan saw that the leaves of water planfs had interwoven with the sfieins, a~•eating a mesh that trapped ~sh• what a useful idea! Sterns and leaves, stems and sterns, Gould produce footwear and containers to hold gathered n€tts and berries. Shelter benefited rnan and fihafi could be woven also, as we learned in Vales where we saw a barn on which the sides were made of woven tree saplings,lt seemed #o nee that weaving ~niglit be limitless and #hat was an exciting concept. The course at Cante~•bury was very intense; we worked before and after breakfast, through the day and after dinner. fur instract4rs were guests of the College from all over )~ngland and Sco#land, the best in their respective areas of weaving, fur field gips included their studios, other professional studios, rna~or l~useu~ns, weaving ~'lllls, and castles with beautiful tapestries. what an in#roduction to weaving I had. ~ came home feeling good aboufi all I had learneds including the satisfaction of being dlsCfpllneC~ and wanting tU warlC hard. At a conference that 1 a#tended I ordered any first floor loom and Dave continued. takxtag workshops aver the years, ga#hering methods and ideas along the way. ~ was an ,~r~ ana~or afi the C~niversity of Wisconsin in 1~adison and lave to draw and paint, which has served nee well in wearing design. There is son~efihir~g about color and texture in yarns that strongly appeals fia one. Z have woven wall hangings, tapesfiries and baskets, along with shawls, throws, pillows, table runners and mats, axtcl wool and linen rugs. , I began weaving professionally in 197, setting my weaving in galleries in l~antana, wyanling, Colorado, Missouri, and Wisconsin as we moved with n~.y husband's ttansfers~ 1n additlon,l awned a shop 1t1 which I Said other Graf~srnen's pp~ery, wooden bowls, and weaving, etc• It was a very positive, learning five years before I sold. ifi when nay husband was t~•af~sferred, I have taught weaving and drawing; howevex• since moving to Boise l have Goncenirafied ors supplying handwover~s for a booth at the ~at~ners Market that Kathy i~astka and 1 share. I sfiill enjoy weavi~~g as much as when I sta~•ted. I would like fio have a sfiudio space that would accorntnodate a few looms that I own so that l might pay forward the hetp 1 had in the begitanin~g, perhaps that is in the future, , rid ~n pity ~ounc t 1~l rrg (f ~ ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT "A reement" is made on the ~~ da of GALLERY, MERIDIAN CITY HALL ( g ) Y 2012 "Effective Date"band between the City of Meridian, a municipal corporation organized ( )~ Y under the laws of the State of Idaho ("City"), and Charles Hoffman ("Organizer"), whose address is 11652 W. Annalee Lane, Boise, Idaho, on behalf of Charles and Tracy Hoffman ("Organization"). 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 ro osals for the dis la of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian p p p Y Ci Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); tY 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 3, 2011, the Meridian Arts Commission ("Commission") reviewed the res onses to the Call to Artists, selected Organization's work for display based on the Proposal, and p .. • recommended to the Meridian City Council that 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. l l - 825, the Meridian City Council adopted such recommendation and directed the Commission. to work with Organizer and the artist(s) Organizer represents ("Artists") to establish a display of Artists' 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 ex ression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place p ,. , 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 March 30, 2012, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Artists and 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 March 30, 2012 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from March 30, 2012 to April 27, 2012, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on April 27, 2012, at 9:00 a.m., or at such time and date as is mutually agreed upon by the Organizer and the Gallery Curator. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 1 II. COMPENSATION AND SALE OF ART'VVURK. A. No com ensation. Or anizer shall display the artwork of Artists in Initial Point Gallery at the p g leasure of the Meridian City Council. City shall not provide compensation to Organizer or p . Artists for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Or anizer or Artists may, at the direction of and in the manner established by g .. the Galle Curator, passively offer the artwork on display in Initial Point Gallery for sale. No ~' .. rice shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City p 1 ersonnel shall not facilitate in any way the sale of artwork; any transaction related to the sa e p , of artwork shall be handled solely by Organizer or Artists. Organizer acknowledges the Commission's request that Artists voluntarily donate to the Commission twenty percent (20%} of roceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a p iece of artwork on display in Initial Point Gallery, Organizer may remove such artwork from P . the Galle rovided that Organizer replaces the removed piece with another piece of artwork rY p withintwenty-four (24) hours of such removal. Organizer shall coordinate the removal, re lacement, and/or substitution of any and all artwork with the Gallery Curator prior to such P activity. III. TIME OF PERFORMANCE. Or anizer shall coordinate and/or provide the services described in this Agreement in a timely g 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. B. Inspection of display. Prior to or after installation, the Gallery Curatorand/or the City may ins ect and/or review the artwork proposed by Organizer for display in Initial Point Gallery to p .. 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 maybe 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 INITIAL POINT GALLERY DISPLAY PAGE 2 V. DISPLAY. ' final artwork. Or anizer and Artists warrant that all artwork provided for display in Initial A. Orig g Point Galle shall be, and is, original work conceived and created by Artists. f artwork. Ci ma hoto ra h the artwork displayed in Initial Point Gallery, B. Photographs o ty y P g p as Ci ma desire for u oses of advertising, marketing, and public information. Where ~' Y p ~ racticable and to the extent of City's authority, the artist shall be acknowledged on each such p hoto ra h to be the creator of the original subj ect thereof, provided that photographic p g P re roductions of artwork shall not be identified as or represented to be the finished artwork. p C. Use of Or anizer's and Artists' name. Organizer hereby conveys to City permission to use g ,. Or anization's and Artists' names for purposes of advertising, marketing, and public g information without violation of Organization's or Artists' rights of privacy or any other rights Or anization or Artists may possess under this Agreement, provided that City shall not use g Organization's or Artists' logo(s), if any, for any purpose without the express, written permission of Organizer or Artists. D. Use of Ci 's name. City hereby conveys to Organizer and Artists permission to use City's ~' name for oses of advertising, marketing, and public information, without violation of P~ Ci 's ri hts of rivac or any other rights City may possess under this Agreement, provided tY g p Y that neither Organizer nor Artists 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 an time and for any reason. Such removal may be temporary or permanent in nature. Y . Where such artwork is or is intended to be removed from public display for longer than forty- ei ht 48 hours Ci shall notify Organizer in the manner set forth herein. While it is intended g ( ) ~ tY that Or anization's artwork will be displayed in Initial Point Gallery for the period set forth g . 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, re lacement, and/or substitution of any and all artwork prior to such activity, p 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 or anization in Initial Point Gallery at any time, at the City's sole discretion. The manner and g .. • arran ement of the display(s) in Initial Point Gallery shall be determined by the Gallery g Curator. VI. INDEMNIFICATION, WAIVER, AND INSURANCE. A. Indemnification. Organizer and Artists 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, ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 3 and from any and all losses and expenses caused or incurred by Organizer or Artists, their servants, agents, employees, guests, and/or business invitees. B. 'Waiver. Organizer and Artists 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 Artists' 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 Artists' 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 Artists in the furtherance of Artists' respective rights or obligations described herein. Insurance of the artwork; of the Artists' persons, property, or interests; and/or of the Artists' employees or agents shall be the sole responsibility of Artists. Artists shall obtain all necessary insurance as may be required in order to protect Artists' 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. Artists 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 or Artists have 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 any 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 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 immediately terminate this Agreement for any reason at any time without prior notice to Organizer or Artists. C. Termination due to death or incapacity. 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. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 4 VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that the organization and the Artists 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 or Artists and City or between Or anizer or Artists and any official, agent, or employee of City. Both parties acknowledge g that neither Organizer nor Artists are employees of City. Organizer and Artists shall retain the right to perform services for others during the term of this Agreement. B. Com liance with law. Throughout the course of this Agreement, Organizer and Artists shall p comply with any and all applicable federal, state, and local laws. C. Non-discrimination. Infulfilling orexercisingany right or obligation under this Agreement, neither Organizer nor Artists shall discriminate against any personas to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire a reement. This Agreement constitutes the entire understanding between the Parties. g . This Agreement supersedes any and all statements, promises, or inducements made by either or agents of either party, whether oral or written, and whether previous to the execution p~3' 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. A reement governed by Idaho law. The laws of the State of Idaho shall govern the validity, g inte retation, 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 ille al invalid, or unenforceable, the remainder of this Agreement shall not be affected. g~ H. Successors and assigns. Artists shall not subcontract or assign any of Artists' obligations under this Agreement that require or that may require their artistic talent or expertise. Artists ma subcontract or assign obligations that do not require their artistic talent or expertise. All of y ., the terms, rovislons, covenants and conditions of this Agreement shall inure to the benefit of, p . 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 5 Organizer: Charles Hoffman Charles & Tracy Hoffman 11652 W. Annalee Lane Boise, Idaho 83709 (208) 861-1713 charles@charlestracy.com Gallery Curator: Dwight Williams Meridian Arts Commission 3 3 E. Broadway Ave. Meridian, Idaho 83642 (208) 887-6473 dwight5332@q.com Ci • Emily Kane, Deputy City Attorney City of Meridian 3 3 E. Broadway Ave. Meridian, Idaho 83642 (208) 898-5506 ekane@meridiancity. org An a may change its respective address for the purpose of this paragraph by giving written Y p ~Y notice of such change in the manner herein provided. J. Warranty of authority. Organizer expressly warrants that, to the extent set forth herein, she is duly authorized to act as the representative and agent of Organization and all of its member Artists and principals. Organizer further warrants that she is authorized to bind Organization and its member Artists and principals to th.e obligations set forth herein, and to accept the liabilities as established herein on behalf of Organization and its member Artists 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 thi day of ~ ~ ~.~,,,~ , 2012. ORGANIZER: Charles Hoff CITY OF MERIDIAN: BY: ~" Tammy de rd, Mayor a~~,~t~~~ttC~~ ~°~ ~~~ ~~ ~ ~~ o~ Attest: IDIAN~- tDA~iO Jaycee H an, City Clerk ~~ w r SEAL ~~t1~e T~EAS~4 ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 6 Exhibit A Meridian ~ Commission Cal[ for Artists: 2012 IN11`IAL 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 2012 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- dimensionalworks 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 may reapply biennially. PROPOSAL REQUIREMENTS: ArCists 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 8 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 6y MAC by 5:00 p.m. on Friday, October 28, 2011. SELECTION PROCESS: The selection of art for the 2012 Initial Point Gallery Series will be made by MAC. MAC will notify Selectees by letter sent U,S. Mail. In evaluaCing 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 agsthetic 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 2p art, using wires that are attached to hooks; • Four enclosed pedestals for 3D art, each approximately24 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 mail: By a-mail: Meridian Arts Commission Attn: 2012 Initial Paint Gallery Series 33 East Broadway Avenue Meridian ID 83642 m acpmeridi a ncity. o rg Exhibit B Application ~ AcknowledgfTr@ntso 2U~2 IM@1°IADm ~®9~9~` ~AB~~ERII' SERII;5 ARTIST/OKGANIZCR CONTACT INFbRMATIOPI: Check one: e I am submitting this form as an individual artist. r~ ®I am submitting this form on behalf of an organization. Artist/Org. N.amei (°_~' pS ~d ~~,,~ ~ ,,, Organizer name: "_II ~ r E~mailaddress; C.~,.a,v.{.QS® U^~-t~-e.3 `p,••ar~ c-brv,.. MailingAddi'oss: tlla5~, W , Cd~~-~ (nom. La,l... ,/~olg¢ `~"3~0 ~ Physical Address: Phonenumbers: Day: APPLICATION OVE ', Check all that appl ' dimensional artwork, artwork. Evening: Cell; '~~ (~ [~ (~i r W~ ®I/ a propose to fill one half of Initial Point Gallery with two- 0 I/lye propose to fill the enure Initial Point Gallery with two-dimensional 0 Uwe propose to fill those display cases, with 3D artwork: a 24"WxZ4"0x42"H m 29"Wx2q"Dx36"H 9 24"Wx24"Dx30"H ® 24"Wx24"Dx24"H Number of 2D pieces: ~ ~ - 1"1 Number of 3D pieces: Average size of 26 pietas; Average size of 3D pieces: F7~It~w-4~azP cll.o~.... old. gPPLICATIONMATERIALS: (~~~~- ~~` ~ ~"~ I Completed, signed Application & Aclmow(edgements Farm j~ Biography of artist or tpformatlonal statement regarding organization, no IoYiger than one g'h x 11"page; A lettgr of Intent, describing: Artist/Organization's vision for and/or theme of the proposed display; Number, dimensions, prices, and medium or media utilized in the works to be displayed; Any publicity that the Artist/Organization plans to under[afce if selected; and/or Any atypical issues or challenges regarding hanging or display of the worlts proposed for display. lJp to five digital_ ' f work representatlnnat-bf the artist's/organization's work on a ~~ CD, resolution 300 dpi ' a minimum sizee.~rof 5x7~in ,jpg format. Please name each image file with artist's a~me or organization n~irr~nd the title of the worn (e.g.; name.tltle,jpg). Materials submitted will not be returned. Damaged or non-campllant CDs and/or images will not be considered. Images vdfll not be kccepted via email. $35 gallery maintenance fee, check made payable to the Merirkan Arts Commission. This fee is nonrefundable. ' DISPLAY INFORMATION: Initial Point Gallery is equipped with a track system for hanging twa•dimensional artworit. ~~~7 ~~~ ~0~-~ Artworl< displayed in the gallery will be hung from cables using hoolcs, and therefore must be equipped with ono D ring on the hacl<of the framo, or two D rings on the side rails an the back of the frame, as illustrated below. The D-rings should be approxtmately 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 go_t be used for hanging, and are not allowed. Initial Point Gallery also provides four display cases, each with different dimensions, for displaying three• dgnetlsional artwork. ACKNOWLEDGMENTS: I, ~ Bowles ~ro~'-tea ~ , hereby acknowledgo the following stipulations and aSree thak if this proposal !s selected for display at Initial Point Gallery, such display shalt oecur 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 Mori tan, I specifically acknowledge that: A, iiefore my work will be displayed in Initial Point Gallery, 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. g, If my Work is selected for display in Initial Point Gallery, the City of Meridtan 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 ltability 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 nol• provide Insurance to rover toss, theft, or damage of artwork displayed in Initial Point Gallery. ~ ~ 0. While artwork displayed in Initial Point Gallery may be passively offered for sate by means of an INITIAL informa4lonal table, board, or handout as provided or allowed by the City of Meridian, no piece d si played in Initial Point Galle g-'~ E. While it is intended that each exhibit• in Initial Point Gat[erywill 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 y~ artist or organization. `Zl P, The City may display the work of more than one artist or organization in Initial point Galley at any INITIAL time, at the City's sole discretion. G. Artwork submitted for display in Initial Point Gallery must be original works cn ceived and created INITIAL by the artist (or by arClst members of the organization) submitting this ap lication. W, Meridian City Hatl is primarily a place of public business and initial Point Gallery is a ublic 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 ellgibltlty standards described in the Call for Artists and following the terms set forth in rho Acceptance Agreement shall be displayed in Initial Point Gallery. f do acknowledge and understand each and all of the faregoing stipulations and do agree to these general Corms and c i~ti~o~,n}s(~p~-. 51gnature• ~~>'~ `" print name: ~"ltirr./P9 ~o w~a.. Date: f b - /S' -fib I ~ Ta 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: Initial Point Gallery 33 East Broadway Avenue Meridian 1D 83642 Thank you for your intprestl Charles and Tracy Hoffiman Originally from the Iligh Plains of Kansas, Charles and'Itiacy became interested in photography at a young age. Charles spending time in aftiends darlnoom in high school and Tracy had been shooting with a Brownie Camera when just a teenager. It was always a hobby till moving to the 1Vorthwest ltl years ago that the passion for the aesthetic be- came obvious to them while traveling to places like Xellowstono, the Tetons and the Ore- gon Coast. "Our imagery is about Geartty and the deshe to experience the truly great landscapes of tl:e West. !t is heaaity that takes ns places we have never seen, Places that are quiet, wild a+td free, We feel most alive when inspired by the vision and the secrets they reveal". Charles and Tracy have been recognized for flue years now at tho preskigious 1'nterrea- tionrtl PhotographyAwards in Los Angeles for fine art and landscape images. wards 2006 International Photography Awards, L.A.: Honorable Mentions for four landscape images or series and one wedding series. zao7 International PhotographyAwards, L.A,: Honorable Mention for fine art series, "Yellowstone Series" 200$ International PhotographyAwards, L.A.: Honorable Mentions for fine art serie,9 of Yellowstone National Park and a landscape image. zooy International PhotographyAwards, L.A.: I-Ionorable Mention forlandscape series, "Snow Fence, 2008, Wyonu ug'. 2ori International Photography Awards, L,A.: Honorable Mention for two series in the Seasons Category and a single in the Bridges Categoiq. Shows/Events I,e Cafe De Paris, FirstThnrsday Show, Boise, zoar Idaho Photographic Worlrshop Holiday Gala Show, Boise, zoos St. Alphonsns T2MC, Boise, zoo~r Second AnmialArts & Crafts Exhibition, Meridian, .Tamiary 2006 ThirdArmual Idaho Photographic Worlrshop Holiday Show, Boise, 2006 Solo Show, St Alphonsus 1tMC, Boise August zoo8 Meridian City HaII, Meridian, Idaho, art inpLiblic space, permanentdisplay, 2008 Initial Point Gallery, Meridian, Idaho, May, zoog ANovelAdvenr<ire, Boise, Idaho„Tune and October, aoog SunValley, Idaho, Spirinial k'ilm Festival Auction, September, aoog Letter of Indent: .For the Initlal Point show we want to print pieces that have won at the Inter~aa- ttonal Photography Awards over the S years that we submitted work. So it would be only Honorable Mention winners. Mast are of local fair, the park beautiful series, Yellowstone, local bridge, Painted Hilds, Oregon, Shoshone Falls, florals,..etc. We would probably only print 72 large canvases for the show. They would be large canvas pieces,..not framed but stretched, Most all work is to be printed 36" wide approximately. They would be available for sale. As artist proofs, printed on canvas we would price most pieces for $300.00. Far the evening Artist Reception we will advertise by email,, faceboolc and phone calls and any ideas anyone may have. Thanks! Meridian City Council Meeting DATE: January 3, 2012 ITEM NUMBER: 5H PROJECT NUMBER: ITEm TITLE: Acceptance Agreement Display of Artwork of Lori K. Seale in Initial Point Gallery from November 2 to November 30, 2012 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 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 3`~1 day of .~ 2012 ("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 whose address is 424 Pebble Beach Way, Eagle, 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 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 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 November 2, 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 hanging such artwork on November 2, 2012 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from November 2, 2012 to November 30, 2012, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on November 30, 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 POAIT 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 subsfitution of any and all artwork with the Gallery Curator prior to such activity. III. TIME OI' 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 INITIAL 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 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 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. INDEMNIrICATION, 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. ACCEPTANCE AGREEMENT INTTIAL 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 of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as maybe 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 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 immediately 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 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 bylaw. 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 5 Artist: Lori K. Seale 424 Pebble Beach Way Eagle, Idaho 83616 (208) 938-4782 lkseale@msn.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 consttued as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 3~~day of c U , 2012. ARTIST: -, ~.~ ~ C Lori K., e le CITY OF MERIDIAN: BY: ~ Tammy de e d, Mayor ~pe.nT$nAUCr,,y, YG~ F''q„ Y y aey or Attest: 0_.., ID Jaycee an, City Clerk m iunxo C SEAL „~ P~reB°T tAe TP E~9U~~ P ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 6 Exhibit A Meridian, Commission Call for Artists: 2012 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 2012 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 far 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 fallowing 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 (far 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.meridlancity.org or upon request. Limited assistance producing digital images may be available upon request. Materials submitted cannot be returned. DEADLINE: All proposais must be received by MAC by 5;00 p. m. on Friday, October 28, 20f 1. SELECTION PROCESS: The selection of art for the 2012 Initial Point Gallery Series will be made 6y 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 mail: Bye-mail: Meridian Arts Commission Attn: 201 Z Initial Point Gallery Series 33 East Broadway Avenue Meridian ID 83642 mac®meridiancity.erg Exhibit B .~. Meridian Commission Application £t ,Acknowledgments: 201,2 INITIAL P~DINT CALLI~RY SERIES ARTIST/ORGANIZ@Il CONTACT INFORMATION: Check one: ~(I am submitting this Form as an individual artist. l7 1 am submittmg this form on behalf of an organization. Artist/Org. Name: .~ o r 1 iG ~'' r?rl I(; Organizer name: Email address: Mailing Address; Physical Address; Phone numbers, APPLICATION OVERVIEW: Check all that apply: ~ IJwe propose to fill one half of Initial Point Gallery with two-dimensional artworlt. ^ I/we propose to fill Elie enClre Initial Point Gallery with 4wa-dimensional artworl<. q I/we propose to fill these display cases Willi 3D artwork: ^ 24"Wx24"Dx42"N ^ 24"W>t24"Dx36"li ^ 24"Wx24"Dx30"FI q 24"W:Q4"Dx24"li Number of 2D pieces; <a tti Average sire of 2D pieces: ~ ~' ~~ K ~ ~ " Number of 3Q pieces; Average 51ze of 3D pieces: APPLICATION MATEft1ALS: ~r1 Completed, signed Application fk Acknowledgements Form Y~1 Biography of artist or informational statement regarding organizations no longer than ono e'h x 9 t" page; ( ~ A letterof intent, describing: a. Artist/Organization's vision for andlor theme of the proposed display; b, Number, dimensions, prices, and mediurh or media utilized in the works to be displayed; G. Any publicity that the Artistlorganization plans to underkake if selected; and/or d. Any atypical issue's or challenges regarding hanging or display of the works proposed for display. ~ly Up to five digital images of worlf representational of the artist'slorganlzation's wbrlc on a CU, resolution of 30D dpi at a.minimuin size of 5>C7", in .jpg format. Please name each Image file with artist's last name or organization name and the title of the work (e,g.: name.title.jpg). Materials submitted will not 6e returned. Damaged or non• compliant CDs and/or images will not be considered. Images vrill not be accepted via a-mail. ~p, $35 gallery maintenance fee, checi< made payable Co the Meridian Arts Commission. This fee is nonrefundable. DISPLAY INFORMATION: Initial Point Gallery is equipped with a track system for hanging two•dimansiopal,artworli.. grtWorlc displayed in the gallery will be hung From cables using hooks, and therefore must be equipped with one b ring on the back of the Frame, or two D rings on the side rails on the bacfi of the frame, as illustrated below. The D•rings should be approximately a quarter of the distance of fhe total frame height from the top of the frame 9n order to avoid slanting away from the wall. Wires, eyehoolcs, and clip frames may not be used for hanging, and are not allowed. Initial Point Gallery also provide's four display cases, epch with different dimensions, for displaying three-dimensional artworle. I // q~..6• // z /, ~~_r~ /`/ a~ ~ _ 1 ~ ""' Z... ~.. .{~ ~ II ACKNOWLEDGMIENJTS: I, %~~ V ~` ~ 1~" ~":.~ f~~~+~ ,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 tfiat shall be set forth to a separate, written Acceptance ~,A./greeme t between myself and the City of Meridian. I specifically acknowledge that: .l ~. ~~ Before my work will be displayed in Initial Point Gallery, I will be required to enter into an Acceptance i ~ ~ +a~- ~~ Agreement with the City of Meridian establishing the specific terms and conditions of the display of the particular works displayed. ti "i'8.~ If my work is selected for display In initial Point Gallery, the Cfty of Meridian and its agents vril[ "~ ' ' 'ac exercise professional care 1n handling and securing allartwork displayed in Initial Point Gallery, but cannot and will not assume ltability for any loss or damage. ~~ Any insurance of the artwork displayed in Initial Point Gallery shall be the sole responsibility of the "' r+na artist. The City of Meridian shall not provide insurance to cover loss, thefk, or damage of artwork i displayed in Initial Point Gallery. r /-iY~ti, While artwork displayed in Initial Point Gallery maybe passively offered for sale by means of an ~'f ' 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 will be displayed for aone- to two-month , ~ ~ period, this period may be shortened by the City of Meridian for any reason, without notice to the r artist or organization. ~~•- ~ 'The City may display the work of more than one artist or organization in Initial Point Gallery at any IHI IA ..-• time, at the City's sole discretion. ,:'f - , .Artwork submitted for display in Initial Point Gallery must be original works conceived and created an a` by the artist (or by artist members of the organization) submitting this application: I ~~~ ( .. M, r ~ 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 is a place where clttzens, 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 acl<nowledge and understand each and all of the foregoing stipulations and do agree to these general terms and conditions. ` , / ~ f Signature: ; ~' ~; n~ '"~-~ ~ -~~ Print name: ~,4^ Y l ~-.--> ~~~ ~ ~,.~~ ' Date: jq~,r~-l~~ _.~•/~/~ To propose an exhibition 1n lnitia[ Point Gallery, please submit this form, completed in full, with the required materials and fea, via U.S. mail, to: Meridian Arts Commission Attn: Initial Point Gallery 33 East Broadway Avenue Meridian ID 83b42 Thank you for your fnterestt ~BOLIT THE ARTIST -Lori !(Seale Artist of Maiw Colors I've always been (asdnated by color) As a baby, I was drawn to colorful marbles and reflected hghtthat danced throagh [hero ..,and flower beds of graceful tulips or child-Itelght hydrangeas) Then paper entered my life .,, something to cut, twist, shape, pasta, br paint on. Atthe Very competitive age df nine, 1 earned my first art award fol' a Colorful paper rriosalc, "Jesus Praying." ~My next creaive adventure was on blank canvases.., supporked by subsequent oil painting lessons. About Lire same tlme I was exposed to and captivated by decorativo type (I still have the aged yellow pages of Italic type fonts [racod with pencll from a library book). In high school ~I toot< as many 2-and 3-D classed as allowed ...notf8r an easy grade, but because art was my passion! Mostly to satisfy my parents, I took a different dlrectlon In college and earned a GraphlcArts degree. I enjoyed working with typo, composition and color and found that' field to be challenging In its precision. My tlrst Job`was as an Art Director for an Aivertishtg Agency In Lincoln, Nebraska. I've'alsowoFlted For:~anagricultural company- mainly Illustrating and deslgnhtg product literature; a national assddation as Art rk Bdltorlal Olrector; and have owned a Commercial Art Design Studlu where, In addition to what would be expected, I also did the unexpected. I painted on anything ,.. Including horse boggles, golf carts, race cars, semis, and buildings.., aswell as commissioned oil palntings and watercolors of people, pets, buildings, airplanes, flowers, etc• As a cpnhibutor to my community, I was a founding member of the Butler CountyArts Council, servedas Its President, and taught aft and calligraphy classes to.adults and children. Dlversifldation of aCareer ' Computers changed the World;) learned to "Into" perfect Imes with a mouse Instead of by a ste)))ed hand. On the Central CaliFornla Coast I worked for a newspaper as an ad salesperson, worked my Way Into the company as a graphic artist, co-managed Clip Prodpctlon Departmentswltchover from paste-up to desktop publishing, and then went backto design. Admlttediy, graphic design was a good choice For met I presently volunteer as graphic designer and photographerYprthe Idaho Wa[ercolm• Society and for New Heart Chrlstlan Mlnl;tries ... a church lu Boise whose attendees are mostly refugees from Afflca. Slnc¢ mytrlp to AfrlcO (n Aug-Sep 2011, I am ptovldingslmilar sewicos for Farn lly Impact In Bulawayo, Zimbabwe, and other projects for par contacts and friends In Africa. I also enjoy Che spontaiteltyIn the color layering process I usetofaux-finish •' walls or paint small murals. Plus I'm currently edlting and Illustrating a book for 0`"grade students on the myths of evolution. As a result of my vastsum of art anjl design experlencethroughLhe length of my career, I have a portfolla rich With floe art,., plus design, tllustra[lons, wrltirig, edlting, pubhshlhg, photography, murals, sign palnting, memorlal~portraits and morel na 03 03 Three Decides ofAwards and beainnlrrae New Era' Nabraslta Is my home state; I've al;o lived In Waslting~on, Oregon and Callfontla. Though I've spent most of mV career as a graphic artist, In between jobs I'd paint. In 1883 I won Best of Show at the Butler County ralr forthe pencll drawing, "Old Man:' A decade later at Cho orange County Falr, I won a 2nd Plate Watercolor award for "Through the I(itot-Holes' and an ~~ award for "B81y's Passer," a 3'x9 Y==' oil. It would be ten years before 1 entered another colnpetitlon ..,this time, the 2003 Western Idaho, Fair (after moving to Eagle In late 200Z). I was [rumbled to receive liestWatercolorfor "Not Even Close"Tire painting also won awardsatthe Nampa AGt Guild 2003 Centonnlal Jurled Art Show and at tha Idaho Waterolor Soclery 2004 Rotunda Show, , Since then 1 have been blessed to contlnpe fo receive rtuineraus awards for my paintings ...and have wok multlPle awards for my photography, too. I am honorCd to have had a palntbtgjuried Intothe Annual Membership Bxhlbltlon Query year sinca I joined the Idaho Watercolor Society lit 2005; In'2011 I was awarded IWS 5lgnature Status. The Pafntar Of Life... Todoy and Tomorrow Today, my Ilfe looks Ilkethls: wife, mother, grandma) artist, photographer, gmphlcdeslgner, church asslstanq "mother" to a few teenage orphans here in Boise from Congo; world-traveler (at least getting closer), with a missionary heart. Content for now kn Eagle, I paint what I Ilve ,..mostly portraits of family and fdends and animals, "I begin a palnting with the eyes; if they aren'trlglrt nbthflrg else will be eltlter!" IUtowing this talent Ys a gift from Gad, I never take credit for being the creator of palntings that "Move" people, but instead glue credit right back to the Creator ... wlto "moves" me to Inspiratlpnl for three years I served as president of the Idaho Watercolor Society and continue to voldnteer as graphic designer. I've had the responslbllity to receive and process al I entries for the IWS Jurled Show in 2011 and will continue lit tha t capacity In 21112. It's bean a prlvllege to have benelltted from opportunities to take watercolor workshops by Internationally renowned artists Including: KifF Holland, Judy Morris, F-ranle Francese, Pat Weaver, Carla~0'Connor; and Idaho artists pwight Wllilams, Joyce Green, Gloria Miller Allen, Richard Blyd, and more. I distinctly remember something that I have learned from each of these arklsts that has helped me, or thallefiged me,~to becolY{e a hotter artist and keep on creating ,,. with color ...and with )stet 1„ tort K Seale -as 424 Pebble Beach Way° ~ Ragle, ID 83616 Phone: 208-938.4782 pct Cell phone: 761-7624 ^e. E-mail: LKSOaIe@msn.com LETTER OP IIVTEIVT- Lori K Seale Artist Vlslon for the t7lsplav I lave to paint BIGI perhaps this pl'efereng@ began as I was coining out of the "numb from shoulder to toe" pltaso that I was experlencing with.some MS symptoms over a decade ago. As I recovered the feellpg In my hands, lily husband urgdd ine to start using the Walls in our homo (In North Idaho) a's canvases. olt! That's what I did, in every room (when we moved to Eagle Ito made me promise that I would not apply paint on any Wall ... For at IeasY ono full year). But I needed to paint ... so I bought a few elephants, picked up my watercokor brushes, and go't to Worlq I loved the result) Large faces capture an audlencel A good dra Wing, Interesting subject matter, color, composition, and value can all be appr@clated from a distance, yet, when drawn into lool<tloseratthe painting.., technique, quality, and flee details are evident, too, When someone cpmes in to the gallery, I Would love for them Yo Immediately respond with Jpyl Titat Is what makes painting Yewardin~ for me ... not Justitadding the 'good,painting theckllst,' but the stirring of emotions that come from those successful gut' palntingsl Many people fespoltd to my portraits with dale vu moments .,,being reminded of someone they knowfrom their past (it usually seems as If it's a good memory). "Shalcury -Thant<Ful One' Is pY@sently traveling Idaho with the IWS Traveling Show and I have had mahy people tell ma hoW It reached down deep Into thelrsoulsl tlVorlcs to be oistilaved "Faces and Places," Is the theme. PorYYal(s would dominate the shdw, complemented by palntings of Idaho landscapes and animals. I plan to oxhiblt apprexlmately zD palntings, Tite smallest is 16x20" framed; the largest is 0.0x27". If I Were accepted Into Inltlal Point Gallery For an exhibition ...and scheduled for later In 2012 ,,:the theme would remain the same and my painting style will not vary from what you see on the submitted 5 JPE6 entry Images, but the palntings will all be new.1 plan to complete a series of palntings based upon my recent trip Yo Africa. Worlc will include ., orphans In Zimbabwe;'animal close-ups of bonobos, elepltalits, zebra and giraffe; and scenery from Congo, Uganda, Zimbabwe, and South Africa. l am very excited,about this series and am eagerly working on It now! Artwork I present for the display could Include any of the following: v Through the xnotholes, 2]x25, original watercolor, NFS v The tick, 37x30; original watercolor, $9p0 v Old Man, 29x22%, orlglnel pencil dravying, $750 (prlntsavallahlel v Africa In Her Eyes also known as; Ainerlha-Good Country), 33x20%, original watercolor, $900 v 511akuN -Grateful One, 30x3D, orlglnel Watercolor $900 v Allsha 4 7 i, 2475x4n, drlglnal Watercalo ,NFS v Ballarfn, 31x37, original Watercolor, $900 v 8uddles, 23x29, orlglnel watercolor, $600 v Afghans'Hope, 29x38,arlglnal watercolor,$900 v Rowdy One, 21x21, oflelnal watercolor, NFS v Ford 1leflectlons, 36x31%, original Watercolor, $900 v On Santa's Lap, 20x28, orlglnel watercolor, NFS v Not Even Close, 3gx3D, orlglnel watercolor, $110D , n RalnhoW OridBe (Idaho), 29x39, orl8lnal watercolor, $900 v Idaho Wheat Fields (north ofMOSCOw), 32x32, original watercolor, $GOD v 6fangevllle Rangers (north of New Meaddwfl, 22Mx29%, original watercolor, $GOD v Meadow Iv(orphosls (north of New Meadows), 2Ni20, orlglnel watercolor, $GOo v Oafhering to Gather (at the Hayden cabinl, 90x27, original watercolor, $900 n Open Bam Door near Moscow), 17x27, orlglnel Wdtercolor,~$600 n MoJesty (Hayden Lalce), 2]x2715, original wa[ercolor,NFS-private Collectloh ~ v On the Way to Sun Valley,16x20, orlglnel waercolor, $500 o Recoleta Repose (8uenos Aires, Argentina), 24x3Z, odglna Watercolor, $900 ' P It I am working on getting mywebslte,revainpetl, afterltlring a person who did not complefe or malhtaln it; it'sltould . be up-and-running bafnre Cite end of 2011 and will be linlcedto the Idaho Waterc0lorSociety ydebslte member pages. 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 ofthe Harvest) which is a short walk away (Just two blocks) from Inltlal Point Gallery. Pisnlav Challeaees ' I called my friend Dwight to discuss the D-ringst 1 will do my besC t4 sea that all palrttings rgeeY therequlrempnYs, Lori if Seale •~ 420. Pabbla Aeacb Way w9 Eagle, IP 93616 Phone: 209-439-A792 ~ Cell phone: 761.7624 •c, E-mail: LlCSeale@msn.com Meridian City Council Meeting DATE: January 3, 2012 ITEM NUMBER: 51 PROJECT NUMBER: ITEm TITLE: Acceptance Agreement Display of Artwork of Lisa Flowers Ross in Initial Point Gallery from November 30 to December 28, 2012 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 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 3`~ day of, 2012 ("Effecfive Date"), by and between the City of Meridian, a municipal corporation organized ~J under the laws of the State of Idaho ("City"), and Lisa Flowers Ross, an individual person whose address is 1466 Rimrock Court, Boise, 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 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 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 November 30, 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 November 30, 2012 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from November 30, 2012 to December 28, 2012, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on December 28, 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 IMTTAL 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 acfivity 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 Forrn 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 INITIAL 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 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 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 forthherein. 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 property, 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 maybe 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 maybe 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 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 parry 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 immediately 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 INITIAL 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 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 bylaw. Likewise, the exercise of any remedy provided for herein or allowed bylaw 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: Lisa Flowers Ross 1466 Rimrock Court Boise, Idaho 83712 (208) 949-3960 llfross@big-cat.us 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 ~ day of L~ 2012. ARTIST: Lisa Flowers Ross CITY OF MERIDIAN: BY: Attest: Tammy d~W~erd, Mayor ~QQyp,K~~nuao~,~ c~// ~Y '9~ ,. ~ __ Jaycee H ani~lr~k ~ °°p"~ °' SEAL ByrBB °~ Ile R0.0.0.5U&6, ACCEPTANCE AGREEMENT IM1'IAL POINT GALLERY DISPLAY PAGE 6 Exhibit A Meridian ~ Commission Call for Artists: 2012 INI~'IAL 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 2012 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 proteeds 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 musk 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 v/ill 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 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 Ft 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 Cp (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 6y 5:00 p.m, on Friday, October 28, 2D11. SELECTION PROCESS: The selection of art for the 2012 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. RE5OURGES 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 mail: Bye-mail: Meridian Arts Commission Attn: 2012 Initial Point Gallery Series 33 East Broadway Avenue Meridian ID 83642 mac@meridiancity, erg Exhibit B Meridian Commission AppCicaf-on £t Acknowledg-nents: Zp12 INITIAL POINT GALLERY SERFS . ARTIST/ORGANIZER CONTACT iNF0RMAT1ON: Check one: ®'I am submitting this form as an individual artist. ' Gl I am submitting this form on behalf of an organization. Artist/Org, Name: Giaa ~r.owecs Ross , Organizer name: E-mail address: Mailing Address: Physical Address: Phony numbers: APPLICATION OVERVIEW: Check all that apply: L9'Ilwe 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•dlmensional artwork. ^ I/we propose to fill these display cases With 3b artwork: Q 24"Wx24"Dx42"H ^ 24"Wx24"Dx36"ll C124"Wx24"Dx30"H ^ 24"Wx24"Dx24"H Number of 2D pieces; ~ ~ts Average size of 2D pieces: ~b'v a-r{!' Number of 3D pieces: Average size of 3D pieces: APPLICATION MATERIALS: ~ Completed, signed Application @ Acknowledgements Form '9` Biography of artist or informational statement regarding organization, no longer than one $'h x 11"page; ~' A letter of intent, describing: a. Artist/Organization'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 Chat Che Artist/Organization plans to undertake if selected; and/or d. Any atypical issues or challenges regarding hanging or display of the works proposed for display, taY Up to five digital images of work representational of the artist's/organization's work on a CD, resolution of 300 dpi at a minimum size of 5x7", in .jpg format. Please name each image file with artist's last name or ar anizati n name and the title of the work (e.g.: name,title.jpg), Materials submitte wi not be returned. Damaged ornon- c~fan sand/or rmages will not be considered. Images will noC be accepted via a-mail. [~ $35 gallery maintenance fee, check made payable to the Meridian Arts Commission. This fee 1s nonrefundable, DISPLAY INFORMATION: Initial Point Gallery 1s 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 side 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 Lrot 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. ~.....w...-...,. ~~--x•--f Vii`--p•--4` I~-r.-,i ;f~'._.s'-^°N 3•..p•• /I ~ / PlnluralfMpinp wllll TwCahlas J~_~ ~ ~~ l'~fl" I g~~p. ~_ ~ ~ ,~ ACKNOWLEDGMENTS: I, ~ asa Fio~ers Russ' ,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 thak shall beset forth In a separate, written Accoptance Agreement between myself and the City of Meridian, I specifically acknowledge that: A. Before my worst will be displayed 1n Initial Point Gallery, I will be required to enter into an Acceptance NITfAL Agreement with the City of Meridian establishing the specifil: terms and conditions of the display of the particular works displayed. ~L B, If my work fs 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, C. Any Insurance of the artwork displayed in Initial Point Gallery shall be the sole responsibility of the IA F. The City may display ehe work of more than one artist or organization in Initial Point Gallery at any ( ''C'AL time, at the Ciky's sole discretion, rna-- 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) submftting khis application. H. Meridian City Hall is primarily a place of public business and Initial Point Gallery is a public place. The NInAL Gityseeks to encourage artistic expression and public dialogue, but must simultaneously ensure that Gity 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 underskand each and all of the foregoing stipulations and do agree Co these general terms and conditions. /_~ Signature: ~~r/~i"~ ~~~'a Print name: ~5w aC~~P-mss ~o ss Date: ~D/19 ~l1 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, Yo; Meridian Arts Commission Attn: Initial point Gallery 33 East Broadway Avenuo Meridian ID 63642 artist. The City of Meridian shall not provide Insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery. ~~ D. White 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 aone- to two•month period, this period may be shortened by the City of Meridian for any reason, without notice to the artist or organization. Thank you for your interestt Lisa ~'iawers Ross ~iagraphy Lisa Flowers Ross is an artist who creates textile wall art. She uses abstraction to reduce her views of nature, objects, thoughts and Impressions to geometric forms with an emphasis on color and composition. Lisa's artwork is made using her own hand dyed fabrics That are cut, pieced and stitched, similar to traditional quilting methods. Hand dyeing allows her to create her own fabric palette which includes subtle Imperfections in coloring that show human touch Is involved. Stitching, by machine and/or by hand, creates added texture and lines in her pieces. The artist also uses commercial fabrics, when needed, for additional texture. Over the years, Lisa has had many different art experiences. F'or seven years, throughout her daughter's time in elementary school, she voluntarily taught the art lessons for her daughter's class, For over fifteen years, she has been a part time curatorial assistant at the Boise Art Museum. Recently, she became the Idaho & Montana Regional Co-Representative of the Studio Art built Association, an international group of which sho is also a member. In add(tian, she is a member of the Treasure Valley Artists' Alliance and on that group's Exhibition Committee. Lisa's artwork has been shown locally, most recently, at the Treasure Valley Artists' Alliance exhibitions, the temporary 4Q Gallery, the Fresh Airexhibitfon at Boise State University, the Initial Point Gallery in Meridian, the Art Source Gallery's annual Juried show, for the past three years, and in two Leftovers Print Exchange exhibitions. She also participated in a collaborative piece shown of the Modern Art event at the Modern Hotel in Boise 2010. The use of fabric in Lisa's artwork began when a friend invited her to fake a quilt class wifh her. She eventually learned how to dye her own fabric and in 2007 took a workshop with art quilt master, Nancy Crow. Having grown up in Ohio where she attended a large high school, Lisa chose to aftend Hape College, a small liberal arts school in Michigan. In feur years, she was able to complete her Bachelor of Ark degree with a double major in Studio Art and Business, as well as a double minor in Art History and English. l]ct. 21, 2011 Meridian Arts Commission Attn: 2012 Initial Point Gallery Series 33 East Broadway Ave. Meridian, Idaho 83842 Dear Members of the Meridian Arks Commission, Enclosed is the information required for a submittal for displaying artwork at the Initial Point Gallery. I propose an exhibition that uses half your gallery space. My artworks are textile places that hang on the wall. I dye my own fabrics for my artworks. The artworks I would like to show would be pieces fhat were inspired by nature, The style is contemporary abstraction and the pieces are created using traditional quilting methods. The pieces will be hanging freely by an attached sleeve on the back with a rod or slat inserted. 1 am familiar with the hanging devices used at the gallery and will make sure the rods will work this sysfem. With half the gallery space, I propose a selection of 8-15 artworks depending on size. Lisfed below are just some of the possibilities. Depending on the date of the exhibition and avallabillfy of pieces, newer or alternate pieces may be included. Yellowstone Impression 3 hand dyed fabrics, machine pieced, machine quilted 33-3/4 x 20-3/4" $300 Yellowstone Impression hand dyed fabrics, machine pieced, maohine quilted 13-1/2 x 11-3/8" $125 Color Fields #1 hand dyed and cometercial fabrics, machine pieced and quilted 41-1/2 x 27" $600 Color Fields #3 hand dyed fabrics, machine pieced and quilted 34-3/4 x 29" $600 Color Fields # 8 hand dyed fabrics, machine pieced, machine quilted 15-3/4 x 12-1/2" $125 Color Flelds #g hand dyed fabrics, machine pieced, fused appliqu8, machine quilted 25-112 x 28" $375 Color Fields #14 hand dyed fabrics, machine pieced, free motion stitching 41-1/2 x 36" $900 Color Fields #15 hand dyed fabrics, machine pieced, machine quilted 25-1/2 x 42" $600 If selected, I would Ifke to share the apace with Kathleen Probst, who is also a textile artist (and was to apply as well), I feel our art would work well together. Upon acceptance, I will install and de-install the work, provide labels and other informational materials, Far publicity, I will Include announcements on my blog, website and in my newsletter as well as provide information abouE the exhibition to the Treasure Valley Artists' Alliance website for inclusion in their news section. Thank you for this appartunity and your consideration of my work. S(ncerely, Lisa Flowers Ross 1466 Rimrock Cl Boise, Idaho 83712 208-949-3960 Website: Iisaflowersross.net t31og: lisasartmusinga.blogspoY, com Meridian City Council Meeting DATE: January 3, 2012 ITEM NUMBER: 5J PROJECT NUMBER: ITEm TITI_e: Acceptance Agreement Display of Artwork of Nampa Art Guild in Initial Point Gallery from June 29 to August 3, 2012 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 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 ~`~ day of ~.~tX, , 2012 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Gerry Draper ("Organizer"), whose address is 3 N. Saffron Drive, Nampa, Idaho, on behalf of the Nampa Art Guild ("Organization"). 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 3, 2011, 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 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 Organizer and the artist(s) Organizer represents ("Artists") to establish a display of Artists' 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 inconsideration 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 June 29, 2012, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Artists and 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 June 29, 2012 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from June 29, 2012 to August 3, 2012, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on August 3, 2012, at 9:00 a.m., or at such time and date as is mutually agreed upon by the Organizer and the Gallery Curator. ACCEPTANCE AGREEMENT INITTAL POINT GALLERY DISPLAY PAGE 1 II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Organizer shall display the artwork of Artists in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Organizer or Artists for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Organizer or Artists 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 or Artists. Organizer acknowledges the Commission's request that Artists 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, 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 coordinate and/or provide the 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. 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 maybe 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 INITIAL POINT GALLERY DISPLAY PAGE 2 V. DISPLAY. A. Original artwork. Organizer and Artists warrant that all artwork provided for display in Initial Point Gallery shall be, and is, original work conceived and created by Artists. 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, the 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 Organizer's and Artists' name. Organizer hereby conveys to City permission to use Organization's and Artists' names for purposes of advertising, marketing, and public information, without violation of Organization's or Artists' rights of privacy or any other rights Organization or Artists may possess under this Agreement, provided that City shall not use Organization's or Artists' logo(s), if any, for any purpose without the express, written permission of Organizer or Artists. D. Use of City's name. City hereby conveys to Organizer and Artists 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 Artists 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 maybe 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 maybe 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. VI. INDEMNIFICATION, WAIVER, AND INSURANCE. A. Indemnification. Organizer and Artists 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, ACCEPTANCE AGREEMENT - INITIALPOINT GALLERY DISPLAY PAGE 3 and from any and all losses and expenses caused or incurred by Organizer or Artists, their servants, agents, employees, guests, and/or business invitees. B. Waiver. Organizer and Artists 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 Artists' performance of this Agreement, whether such loss or damage maybe 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 Artists' 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 Artists in the furtherance of Artists' respective rights or obligations described herein. Insurance of the artwork; of the Artists' persons, property, or interests; and/or of the Artists' employees or agents shall be the sole responsibility of Artists. Artists shall obtain all necessary insurance as may be required in order to protect Artists' 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. Artists 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 or Artists have 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 any 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 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 immediately terminate this Agreement for any reason at any time without prior notice to Organizer or Artists. C. Termination due to death or incapacity. 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. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 4 VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that the organization and the Artists 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 or Artists and City or between Organizer or Artists and any official, agent, or employee of City. Both parties acknowledge that neither Organizer nor Artists are employees of City. Organizer and Artists 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 and Artists 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 Artists 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. H. Successors and assigns. Artists shall not subcontract or assign any of Artists' obligations under this Agreement that require or that may require their artistic talent or expertise. Artists may subcontract or assign obligations that do not require their 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 Organizer: Gerry Draper Nampa Art Guild 3 N. Saffron Drive Nampa, Idaho 83687 (208)467-9381 gerrydra@gmail.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. Warranty of authority. Organizer expressly warrants that, to the extent set forth herein, she is duly authorized to act as the representative and agent of Organization and all of its member Artists and principals. Organizer further warrants that she is authorized to bind Organization and its member Artists and principals to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Organization and its member Artists 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 ~ ~ day of ~Q. I"I,~wk , 2012. ORGANIZER: Gerry Dra r CITY OF MERIDIAN: ~/~ ~, ~ Tammy de e d, Mayor _~~pgel Attest ~~Owl,~r.~~9--~rv_0 !'_c'ry°f Jaycee Han, City Clerk ~ va °` 1LDAg0 ei ~q~ r8 S1:.fll.i 9T~P O~eAe iAF A"+~a/ ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 6 Exhibit A Meridian 1 Commission Call for Artists: 2012 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 2012 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- dimensionalworks 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 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 It 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 2012 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 far 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 mail: By a-mail: Meridian Arts Commission Attn: 2012 Initial Point Gallery Series 33 East Broadway Avenue Meridian ID 83642 mact~meridiancity. org Exhibit B A/teiriclian ~ommissibn Applieotion £t Aeknowded~ments: 2092 INRT6AL R®INT t~ALLEItV SERIES ARTISTIORGANIZER CONTALTINFQRMAT[bN: Check one: D I am submitting this form as an individual ari:ist, Artistlprg. Name: Qrganizer name: E-mail address: Mailing Address: Physical Address: Phone numbers; APPLICATION OVERVIEW; , Check all that' apply; Q I/we prbppse to fill one half of ihitial Point Gallery With two-dimensional artwork. 1~1lwe propose to fill the entire Initfal Poinl- Gallery with two-dimensional artwork. ^ I/we propose to fill these display cases with 3p artwork ^ 24"Wx24 "Dx42"H ^ 24"Wx24"Dx36"H 17 24"Wx24"Dx30 "H ^ 24"Wx24"Dx24"FI Number of 2D pieces: ~, fJ Average size of 2D pieces: ~~o X 2 P7 Number of 3D pieces:. Average size of 3D piece§: APPLICATION MATERlA15: Ig' Completed, signed Application ft Acknowledgements Form ~eiography of artist or informational statement regarding organization, no longer than one $'6 x 11"page; ~A letter of ihtent, describing: a. ArtistlOrganization'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 plans to undertake if selected; and/or d, Atry atypical issues or challenges regarding hanging or display of the works proposed for display, La' Up to fNe digital images of work representational of the artist's/organization's work on a CD, resolution 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 title of the work (e. g.; name,title.jpg). Materials submitted will not be returned. Damaged or non- compliant CDs andlor images Will not be considered. Images will not 6e accepted via e-mail.. ~$35 gallery maintenance fee, check made payable to the Meridian Arts Commission. This fee is nonrefundable, DI~PLAV INFORMATION; iniCial 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 twa D rings on the side rails on the back of the frame, as illustrated below. The D-rings should be approxiittately a quarter of the distance of the total frame height from the tap 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 eases, each with different dimensions, for displaying three-dimensional artwork. _ _r~ _~ J I ~/ ~, 3r_5.~ l a- ~' f4-~. g's:. ' '.~~ f~ f ~ :. ~, ~ ~. ' Ar<KNOWLGbGM~NTS; l-- ~ I, lr; l_N N ~~ ~ r' n,C1 Et^ ,hereby acknowledge the following stipulations and agree that if this proposal is selected for splay at I itial 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 sat Forth in a separate, Written Acceptahce Agreement betweeh myself antl the City of Meridian. I specifically acknowledge that: CIT AL A It11TIAl INITIAL I IIR TIAL .. NIT Before my work will be displayed in Initial Point Gallery, I will be required to enter into an Acceptance Agreement with the Gity 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. 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. ' P. While artwork displayed in Initial Pgibt Gallery may be passively offered for sale by means of an informational fable, board, or handout as provided or allowed by the Gity of Meridian, no piece displayed in Initial Point Ga4ery may have a visible place tag. E. While it is intended that each exhibit in Initial Point Gallery will be displayed for Gone- to two-month period, this period may 6e shortened by the City of Meridian for any reason, without notice to the artist or organizatioh. P. 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 tho organization] subjnitting this application. b. Meridian City Hall is primarily a place of public business and Initial point Gallery is a public place. The Gity seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that Gity Nall is a place where citizens, employees, and visitors of di"verse ages and perspectives feel welcome and comfortable. 7o this end, only artists and artwork meeting the eligibility standards described in the Gall 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 foregojhg stipulations and do agree to these general terms ahd conditions, /l Signature: ~~P~ Printnaine; t~~r ~~~r, Date: Z ~ „? r7 I To propose an exhibition in Initial Point Gallery, please submit this form, eompleted in full, with the required materials and fee, via U.S. mail, to: Mertdiah Arts Commission Attn: initial Point Gallery 33 East Broadway Avenue Marididn ID 83642 Thank you for your interestl 3 N. Saffron Drive Nampa, Idaho 83687 October 20, 2011 Meridian Arts Commission Attn: Initial Point Gallery 3~ E'ast Broadway Avenue Meridian, ID 83642 RE, LETTER OFINTENT-•NANipA ART GUILD Vision As an extension of Nampa Art Guild's desire to advance the visual arts, we would bring to Treasure Valley residents the unique perspectives of many individuals working in varied medium. Viewing these works would encourage upcoming artists to explore and pursue their own interests as well as inspire the creativity of our fellow artists. For everyone who visits, we propose to offer the pleasure and en richment ref colors, shapes, and enhanced emotions -the sheerjay of viewing find works of Iocai artists, Pieces We plan to submit approuimately 60 pieces afttyo-dimensional artwork ofvaried sizes, ranging mostly from 16x20 to 22x28, with a few smaller. The exact number and sizes of each will be submitted to the Gallery at an appropriate time prior to hanging. Our submissions will include watercolor, acrylic, oil, pastel, ink; and graphite. Publicit Our publicity chairperson, Sherri Stehle, will submit articles and announcements to the Idaho Press Tribune and The Idaho Statesman. We will also advertize on our Website, http://www.namnaartpuild.orP In addiCion, we plan to hold an openingshow ovent with appropriate brochures, snacks, etc: as a chance for the viewing public to meet the artists. Atypical Issues or Challens:es None Enclosures Enclosed with this application is a CD with five representational images of various artists in our group. Also enclosed is a check from the Nampa Art Guild in the amount of $35.00 Sincerely, . ~-~.~-- Gerry Draper, Nampa Ark Guild President 20$-1467-9381 NAMPA ART GUILD BIOGRAPHY Who We Are Now celebrating its fiftieth year, Nampa Art Guild's stated purpose, "to advance the study, participation, and interest in art " offers a vast array of experiences for amateurs to professionals. Our membership includes artists living not only in Nampa butalso in the surroundingareas of Meridian, Boise, Melba, Caldwell, Star, Eagle, Emmett, and others. Our membership continues togrow - wa ended the 2010-2011 year with a membership of 158, 40 of which were new members. Actitivites Nampa Art Guild holds weeltly meetings which include open-paint days and paint-a- longopportunities. Addiflonal workshops and monthly demonstrations featuring well- known regional artists round out the monthly calendar of opportunities. Community Ihvolvement Each year, at the Nampa Civic Center, Guild artists showcase their works. The spring members-only show displays works for Judging in beginner to advanced, as well as the Glasswork and reproduction categories. The juried art show In the fall gives members and other artists another avenue to exhibit their works. Our presence was also seen at the Nampa festival of Arts this past summer where the Guild hosted a large tent in which a number of our members featured their works for sale. Many of our members have also participated in Arts and Roses in Boise, and several individuals show their work at various galleries and libraries throughout the Treasure Valley, Many of the Guild artists have won awards locally, regionally, and nationally. In conjunction with our spring show, we offer an art scholarship to a senior at a local high school. His or her work is also featured at that time. Meridian City Council Meeting DATE: January 3, 2012 ITEM NUMBER: 5K PROJECT NUMBER: ITEM TITLE: Acceptance Agreement Display of Artwork of Pam Grant, Sally Pollard, and Barbara Watkins in Initial Point Gallery from June 1 to June 29, 2012 MEETING NOTES ~ C7 Community ItemlPresentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT 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 3`~ day of ..~ , 2012 ("Effective Date"), by and between the City of Meridian, a municipal corporation organize under the laws of the State of Idaho ("City"), and Pam Grant ("Organizer"), whose address is P.O. Box 489, Fruitland, Idaho, on behalf of Pam Grant, Sally Pollard, and Barbara Watkins ("Organization"). 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 3, 2011, 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 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 Organizer and the artist(s) Organizer represents ("Artists") to establish a display of Artists' 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: L SCOPE OF SERVICES. Organizer shall personally deliver to Initial Point Gallery, on June 1, 2012, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Artists and the Gallery Curator, artwork which shall substantially conform to the description of such artwork set forth in ExhibitB hereto. Organizer shall be responsible for hanging such artwork on June 1, 2012 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from June 1, 2012 to June 29, 2012, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on June 29, 2012, at 9:00 a.m., or at such time and date as is mutually agreed upon by the Organizer and 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 Artists in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Organizer or Artists for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Organizer or Artists 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 or Artists. Organizer acknowledges the Commission's request that Artists 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, 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 coordinate and/or provide the 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. 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 maybe 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 INITIAL POINT GALLERY DISPLAY PAGE 2 V. DISPLAY. A. Original artwork. Organizer and Artists warrant that all artwork provided for display in Initial Point Gallery shall be, and is, original work conceived and created by Artists. 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, the 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 Organizer's and Artists' name. Organizer hereby conveys to City permission to use Organization's and Artists' names for purposes of advertising, marketing, and public information, without violation of Organization's or Artists' rights of privacy or any other rights Organization or Artists may possess under this Agreement, provided that City shall not use Organization's or Artists' logo(s), if any, for any purpose without the express, written permission of Organizer or Artists. D. Use of City's name. City hereby conveys to Organizer and Artists permission to use City's name for purposes of advertising, marketing, and public information, without violafion of City's rights of privacy or any other rights City may possess under this Agreement, provided that neither Organizer nor Artists 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. Suchremoval maybe temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than foriy- 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 maybe 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. VI. INDEMNIFICATION, WAIVER, AND INSURANCE. A. Indemnification. Organizer and Artists 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, ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 3 and from any and all losses and expenses caused or incurred by Organizer or Artists, their servants, agents, employees, guests, and/or business invitees. B. Waiver. Organizer and Arkists 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 Artists' 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 Artists' 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 Artists in the furtherance of Artists' respective rights or obligations described herein. Insurance of the artwork; of the Artists' persons, property, or interests; and/or of the Artists' employees or agents shall be the sole responsibility of Artists. Artists shall obtain all necessary insurance as may be required in order to protect Artists' 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. Artists 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. VIL TERMINATION. A. Termination for cause. If City determines that Organizer or Artists have 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 any Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to ternnate the Agreement by giving written notice to the defaulting party of 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 immediately terminate this Agreement for any reason at any time without prior notice to Organizer or Artists. C. Termination due to death or incapacity. 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. ACCEPTANCE AGREEMENT INITL4L POINT GALLERY DISPLAY PAGE 4 VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that the organization and the Artists 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 or Artists and City or between Organizer or Artists and any official, agent, or employee of City. Both parties acknowledge that neither Organizer nor Artists are employees of City. Organizer and Artists 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 and Artists 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 Artists 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 terrns 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. Artists shall not subcontract or assign any of Artists' obligations under this Agreement that require or that may require their artistic talent or expertise. Artists may subcontract or assign obligations that do not require their 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 Organizer: Pam Grant Pam Grant, Sally Pollard, & Barbara Watkins P.O. Box 489 Fruitland, Idaho 83619 (208) 452-2124 pamgrant@fmtacom 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. Warranty of authority. Organizer expressly warrants that, to the extent set forth herein, she is duly authorized to act as the representative and agent of Organization and all of its member Artists and principals. Organizer further warrants that she is authorized to bind Organization and its member Artists and principals to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Organization and its member Artists 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 day of /ul,l t~ , 2012. ORGANIZER: Pam Grant CITY OF MERIDIAN: BY: BD AU Tammy d rd, Mayor D~S° 3~ CEry oe Attest: ~ E Jaycee H 1 an, City Clerk ~~, SEAL y '~a o Mlle TREE ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 6 Exhibit A Meridian ~ Commission Call for Artists: 2012 INI~'IAL 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 2012 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 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 8: 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 maintenanceJee (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 2012 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 mail: Meridian Arts Commission Attn: 2012 Initial Point Gallery Series 33 East Broadway Avenue Meridian ID 83642 By a-mail: macC>meridiancity.org Exhibit B Organizer: Pam Grant Pam Grant, Sally Pollard, & Barbara Watkins P.O. Box 489 Fruitland, Idaho 83619 (208) 452-2124 pamgrant@fmto.com Gallety_,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@meridianciry.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. Warranty of authority. Organizer expressly warrants that, to the extent sot forth herein, she is duly authorized to act as the representative and agent of Organization and all of its member Artists and principals. Organizer further warrants that she is authorized to bind Organization and its member Artists and principals to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Organization and its member Artists and principals. K. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreoment. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be conshued as proof of validity in the absence of Meridian City Council approval, 1N WITNESS W]3EREOF, the parties hereto have executed this Agreement on this ~ day of , 2012. ORGANIZER: Pam Grant CITY OF MERIDIAN: BY: Tammy de Weerd, Mayor Attest: 7aycee Holman, City Clerk ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE6 Exhibit A Meridian ~ C mission Call for Artists: 2012 IN11`IAL 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 2012 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. ELIGI6ILITY: 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- dimensionalworks may 6e 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 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 0 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 2012 Initial Point Gallery Series will be made by MAC. MAC will notify Selectees by letter sent U.S. Mail. In evaluating eligible proposals, Che 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 selecked 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 Clty contacts, local media, and other informational forums. CONTACT MAC: By mail: By a-mail: Meridian Arts Commission Attn: 2012 Initial Point Gallery Series 33 East Broadway Avenue Meridian Ip 83642 mac®meridiancity. org Exhibit B IV1~ri.di;an, ~pthmts:si,i~.n Applica~'ion ft Acknowledgments: 2012 INITIAL POINT GALLERY 5EItIES ARTISTlOROANIZER CON CT INFORMATION: Check one: am submitting this form as an individual artists ArtistBOrg. Name: Organizer name: E•mall address: Mailing Address: Physiial Address: Phone numbers: APPLICATION OVERVIEW: Check all that apply: [3 I/we propose to fill one half of Initial Point Gallery with two-dimensional artwork. ~/We propose to fill the entire Initial Paint Gallery with two•dimensional artwork. ^ 1/we propose to fill these display cases vrith 3D artwork: 24"Wx24"Dx42"H 1~4"WxZ4"Dx36"H p 24"Wx24"Dx36"H ^ 24"Wx2~i"Dx24"H Numberof2Dpieces: ~~ Average sizeaf2Dpleces: ui ~t~`~ ~Cd~~n Number of 3D pieces: ~~- Average size of 3D pieces: ii/,4- APPLICATION MATERIALS: ~, .Completed, signed Application @ Acknowledgements Form ~. Biography of arUsNor informational statement regarding organization, no longer than one 8'h x f i" page; ^ A letter of intent, describing: a. Artist/Organization's vision for and/or theme of the proposed display; b. Number, dimensions, prices, and medium ar media utilized in the works to be displayed; c. Any publicitythat the Artisk/Organization plans to undertake if selected; and/or . d. Any atypical issues or challenges regarding hanging or display of the works proposed for display. f]' Up to five digital images of work representational of the artist's/organization's work on a Cp, resolution of 300 dpi at a minimum size oP 5x7", in .jpg format. Please name each image file with artist's last name or organization name and• the title of the work (e.g.: name.tltlejpg). Materials submitted will not be returned. barraged ar non• compliant CDs and/orimages will nat be considered. Images will noY be accepted via email. C1 • $35.gallery maintenance fee, check made payable to the Meridian Arts Commission. This fee is nonrefundable. DISPLAY INFORMATION: Initial Point Gallery fs equipped with a krack system for hanging two-dimensional artwork. Arkwork 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 side rails an the back of the frame, as fllustrated below. The p-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 r of he used for hanging, and are not allowed. Initial Point Gallery also provides four display cases, each with different dimensions, for displaying three-dimensional artwork. y I, Y 0' /~ ~ // y_o" ~ I /~ ~ ,~ . B ' z'-s^ a. ~.. ;~.. I ~ ,~_ . ACKNOWLEDGMENTS; I, ~~~_~,fl-~ ~~ ,hereby acknowledge the following stipulations and agree that if this proposal is selected for display at initial Point Gallery, such display shall occur sub)ect to these general terms and conditions, as well as sub)oct 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 ' Agreement with the City oFMerldian establisfiing the specific terms and conditions of the display of the particular works displayed, /~~ B. if my work 1s selected for display 1n Initial Point Gallery, the City of Meridian and its agents will U~"'~` exercise professional care in handling and securing all artwork displayed in Initial Point Gallery, but cannot and will not assume liability for any [oss or damage. C, Any insurance of the artwork displayed 1n Initial Point Gallery shall be the sale responsibiliky oP the xn artist. The City of Meridian shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery. D, "'r" While artwork displayed in Initial Point Gallery may be passively offered far sale by means of an informadonal table, board, or handout as provided or allowed by the City of Merldfait, no piece displayed in Iltitial Point Gallery may have a visible price tag. ,t~ E. While it is Intended that each exhibit 1n initial Point Gallery will be displayed for aone- to two•month r ` period, this period may be shortened by the City of Meridian for any reason, without notice to the artist or organization. t ~ F. The City may display the work of more than one artist or organization in Initial Point Gallery at any v'"' ` Limo, at the City's sole discretion. `~„~--. G. Artwork submitted for display in Initial Point Gallery must be original works conceived and created U ~"~~`` by the artist (or by artist members of the organization) submitting this application. '~n-1 G' H, Meridian City Hall is primarily a place of public business and Initial Point Gallery is a public place. The U ' ' 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 divorce ages and perspectives fee[ welcome and comfortable, To this end, only artists and artwork meeting the eligibility standards described in khe Call for Artists and following the terms set forth 1n the Accoptanco Agreement shall be displayed in Initial Po1nC Gallery. do acknowledge and understand each and ail of the foregoing stipulations and do agree to these general terms and conditions. Signature: ~/i j ~ Print name: ~~M i~ Date: f0 02~ /l/ To propose an exhibition 1n Initial Paint Gallery, please submit this form, completed 1n full, with the required materials and fee, via 11.5, mail, to; Meridian Arts Commission Attn: Initial point Gallery 33 East Broadway Avenue Meridian ID 83642 Thahk you for your interestl BARBARA WATKINS Barbara Watkins and her family moved to Bonners Ferry, Idaho, in 1974 where they had a logging business and raised cattle, Barbara Iras studied ar•t at North Idaho College and by taking watercolor workshops. Upon retirement from the logging business in 1998, she and her husband moved ftrst to Grandview and then to Weiser. Barbara's paintings have been shown in galleries and exhibitions in Idaho, Washington, Montana, Oregon and California. ller work reflects a Hfetime of outdoor activities, in the ]ogghtgwoods, cattle ranching and the great joy of her life, horsebaclt pack trips into some of the most beautiful wilderness areas in the Northwest. "I try to keep my painting fun and exciting by trying different mediums and styles," Barbara says. "lt helps to belong to art groups and enter art shows and competitions." PAM GRANT,NINWS Pact Grant paints primarily in watermedia, mostly abstracts of landscapes and figures. Although she grew up in Fruitland, Idaho and has now t•ettrrned, she has also lived in NewXorlt, Colorado, California, and Washington State. Along with a BFA from Boise State University, she has taken workshops from numerous instructors. In 2006, her painting, "Grandmother's Shawl," was awarded Juror's Choice in the Idaho Watercolor SocietyexhibitlonandincludedintheSociety'stravelingexhibitthatyear, In2000,her painting, "Memory," was awarded Best of Show at the pastern Washington Watercolor Society exhibition. Tn 2001 and 2002, she obtained signature status in the Northwest Watercolor Society by having three paintings accepted into NWWS exhibitions, "I love watercolors, I am fascinated by the infinite possibilities oFwater and pigment on paper. it is always more than jusC composition, color and style. Every painting is a new adventure and I never fail to learn something along the way." SALLY POLLARD Sally Pollard has been painting, drawing and making things since she was a child, After graduating from Art Center College of Design in Pasadena, Califotnia she apprenticed to a Los Angeles art conservationist. For many years she cleaned and repaired paintings and arC objects as well as created her own original paintings and ceramics. She has shown her work in California and Idaho. "I have always been interested to natural forms. I collected animals, plants and Indian lore when I was a child and I think that it was the love and the beauty ofliving things that lead me to becoming both an artist and an RN. Since moving to a farm outside of Weiser ten yeas°s ago, I have finaltyltad the time and space to paint. 1 love living in the country and the special community one Firtds in a small town. 1 feel part of my job as an artist is to retard the spirit of the moment and share it with others." LETTER OF INTENT MERIDIAN ART COMMISSION West End Artists, Barbara'Watitins, Pam Grant, and Sally Pollard all live in the West end of the Treasure Valley. We were a1] at an art group meeting some time ago when Barbara invited us to join her critique group. We value each other's opinions and encouragements of our paintings. We expandedthe group to include anyone from our local art group, We meet once a month to look at our new paintings. While we all show our work at differenC ]ocations, the three of us do have our wont for sale at The House That Art Built in Ontario, Oregon. With regard to publicity, each of us has our own mailing and email ]fists and we are members ofvartous art societies or groups who will help us publicize the show. If om• application to show at the Meridian Initial Point Gallery is accepted we would appreciate not having the show during the winter months. Barbara lives (n a remote part oFMann Creels and sometimes gets snowed in Barbara Watkins: Horse Whispering Pam Grant; Sally Pollard: Squeeze Circles Red Dress White 5haw1 29" x 37" 29" x 37" 30" x 35" 16" x 20" 16" x 20" $560.00 $560.00 $600.00 $350.00 $350.00 Thank you for your consideration. .-~~ ~. Pam Grant Meridian City Council Meeting DATE: January 3, 2012 ITEM NUMBER: 5L PROJECT NUMBER: ITEm TITLE: Acceptance Agreement Display of Artwork of Kathleen Probst in Initial Point Gallery from November 30 to December 28, 2012 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 ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERH)IAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the c~' `~ day of ~ 2012 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Kathleen Probst, an individual person whose address is 2286 W. Kelly Creek Drive, Meridian, 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 November 30, 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 November 30, 2012 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from November 30, 2012 to December 28, 2012, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on December 28, 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 withintwenty-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 Applicafion and Acknowledgements Form attached hereto in Exhibit B, as well as to ensure that such artwork maybe 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 IMTIAL 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 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 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 property, 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, properly, 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 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 Parry 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 immediately 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 INITIAL 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 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 bylaw 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 INPnAI. POINT GALLERY DISPLAY PAGE 5 Artist: Kathleen Probst 2286 W. Kelly Creek Drive Meridian, Idaho 83646 (208)841-9483 kathleen.probst@gmail.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 29 day of Dece,{M,I,e,,~ , 2012. ARTIST: Kathleen Probst CITY OF MERIDIAN: BY: 1~~.l~ / Tammy de e d, Mayor ~oenT au~°~ ~o Ciryof E IR DIA Attest: eoAa Jaycee man, City Clerk P~ SFAL m 9tBR 0~ede TREA`'% ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 6 Artist: Kathleen Probst 2286 W. Kelly Creek Drive Meridian, Idaho 83646 (208) 841-9483 kathleen,probst@gmail.com Gallery Curator; Dwight Williams Meridian Arts Commission 33 E. Broadway Avo. Meridian, Idaho 83642 (208) 887-6473 dwight5332@q.com C Emily Kane, Deputy City Attorney City of Meridian 33 E. Broadway Avo. 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 _ day of .2012. ARTIST: Kathleen Probst CITY OF MERIDIAN: BY; Tanmry de Weerd, Mayor Attest: Jaycee Holman, City Clerk ACCEWrANCE AOREEMCNT INITIAL POINT GAI.LLRY DISPLAY PACE E Exhibit A Meridian Commission Ca(( for Artists: 2012 INItIAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the dl5play of two-dimensional and/or three-dimensional artwork as part of the 2012 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 1s 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- dimensionalworks 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 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 !t 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: A[I proposals must be received by MAC by 5:00 p.m, on Friday, October 28, 2011. SELECTION PROCESS: The selection of art for the 2012 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 mail: By a-mail: Meridian Arts Commission Attn: 2012 Initial Point Gallery Series 33 East Broadway Avenue Meridian iD 83642 mac®meridiancity, erg Exhibit B Meridian Commission Application & Acknow(ed,~ments: 2012 INITIAL PAINT GALLERY SERIES - ARTIST/ORGANIZER CONTACT INFORMATION: Checl< one: ~ I am submitting this form as an individual artist. ^ I m submitting this form on behalf of an organization. Artist/Org. Name: fa~lnle'e~ ~ruL7s•(° Organizer name; E-mail address: Mailing Address: Physical Address; Phone numbers: 'ctvrte. Day; leg 3 .q'f8~3 Evening:zoSl~BzFI~YrFkr3 Cell; 26if~ APPLICATION OVERVIEW: Check all that apply: ~ I/we propose to fill one half of Initial Paint Gallery with two-dimensional artwork, ^ I/we propose to fill the entire initial Point Gallery with two-dimensional artwork. d Ilwe propose to fill these display cases with 3D artwork: ~ 24"Wx24"Dx42"H ^ 24"Wx24"Dx36"H 0124"Wx24"Dx30"H 0124"Wx24"Dx24"H Number of 2D pieces: ,_,• I S Average size of 2D pieces: ~-s " l1 x 2~ W Number of 3D pieces: Average size of 3D pieces: APPLICATION MATERIALS: f~ Completed, signed Application t4 Acknowledgements Farm Biography of artist or Informational statement regarding organization, no longer than one 8'/x x 11 "page; 1 A letter of intent, describing: a. Artist/Organization'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 Chat the Artist/Organization plans to undertake if selected; and/or d. Any atypical issues or challenges regarding hanging or display of the works proposed for display. Rr Up to five digital images of work representational of Che artist`s/organization's work on a CD, resolution 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 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. 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 side rails on the back of tl:e 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, 3...8., /~ 3' ~'` 1 5 I a~-a• ;~ ~ ,~_ i_ ACKNOWLEDGMENTS; I I, ~ ~p° ld ~ ,hereby acknowledge the following stipulations and agree that if this proposal is selected for display aC 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 Acceptanco ~~A~~greooement beCween myself and the City of Meridian. I specifically acknowledge Chat: Ni~r~ A. Before my work will be dlsplayed in Initial Point Gallery, I will be required to enter into an Acceptance AgreemenC with the City of Meridian establishing the specific terms and conditions of the display of Che 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 nat assume liability far any loss or damage. C. Any insurance of the artwork dlsplayed in Initial Point Gallery shall be the sole responslbillCy of the artist. The.City of Meridian shall not provide insurance Co cover loss, theft, or damage of artwork displayed in Initial Point Gallery. ~~ D. While artwork displayed in Initial Poink 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 thaC 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. The City may display the work of mare than one artist or organization in Initial Point Gallery at any ~~'//m..A~~L time, at the City's sole discretion. nY~i irdC' 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 organizakian) submitting this application. H. Meridian City Hall is primarily a place of public business and Initial Point Gallery is a public place. The "~ iA City seeks to encourage artistic expression and public dialogue, but musC simultaneously ensure that City Ha[I is a place where citizens, employees, and visitors of diverse altos and perspectives feel welcome and comfortable. To this end, only artists and artwork meeting the eligibility standards described 1n the Call for Artists and following the terms set forth to the Acceptanco Agreement shall be displayed 1n Initial Paint Gallery. ' I da acknowledge and understand each and all of the foregoing stipulations and do agree to these general terms and conditions. ,'r ! Signature: ~-~ n ,~ Print name: KOITVII~°~1 ~~ ~~~ Dace; ~ c~F' 2.. 6 i Zo 11 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: Initial Point Gallery 33 East Broadway Avenue Meridian ID 83642 Thank you for your interest) Octobar26, 2011 lyler)dlan Arts Commission, I am an abstract textile artist end I would like to propose a combined exhibiCion with Llsa Flowers Ross, a felipw artist who also creates artquilts. She has also applied For this venue and our work compleMents each other well. If accepted, we would 'collaborate on a theme, perhaps "Dyeing to Explaro: Series of Two ContpmporarV Qulit i4rtlsts". We both hand dye our awn fabric and have a minimalist approach to our work. We would use the opportunity to share modern art quilts created by local aFdsts with the communfty. The 15 places I would hang vary in size from 8" x 8" to 36" x 36". I have more than 15 pieces available to choose from and Lisa and 1 would curate the show according to what looks hest together, l.lsa has a great talent for both selecting work and hanging shows from her,experlence at the Soise Art Museum as an assistant curator, Llsa has previously shown her work In the Ihltial Pa1nt Gallery and tells me the display system works well for ourtype of art. My prices range from $90 to $600. To market this show we will employ social media, facebook, twlfter, and google+. We will also send out emafls to both of our contaci: Ilsts and send ottt postcards to promote thisshow. Enclosed you will find my Applicaflon, f3fography and CD with Images of my artwork. If you would like to see more of my workthere are links to explore online belgw. Thank you for corisldering me. I would be extremely excited and honored to hang my work In .your Beautiful gallery, Best, ~Y~ ~~ Kathleen Probst Contemporary Art Quitter rrxad: www.kathleenprobst.com/bloc shop; voww etsy.com/shop/KathleenProbst lily=: htto://www.facebook.comlKathleenProbstArt 22t3(i Vl~. Kelly Croel< IJrivo, IVleridlan, ID 83(i~16 203,13~YI,G4ti kathleen nrobst(dEamaii.com ;- ~:~:r. Kathleen Probst is aself-trained artist who creates `~. abstract textile paintings using her own hand dyed fabric ~;,y ~ -, ~ ,~ at her home studio in Meridian, Idaho. Her reeent,woYk + ~ a. has appeared in two shows by the Treasure Valley /Ar#ist Alliance at the offices of Boise Public Radio; Forayanci Complements: an Inspirations in Blue and Orange. Her ,.';p"~ ~. current.work alternates between two series, one full of '; : ~ ; '~ ~ curves that reserpbles what you migh} see in a biology "y~h-~}~~``' •~ ~' • ` class taught by Dr. 5euss, the other is more subdued and tends to lean toward a minimalistia approach, comprised of s#raight line elements and a limited palette. The right and left sides of her brain are in a constant dance. The logical, math oriented perfectionist often gives in #o the desire to be ofl~inal, organic and playful. Last year Kathleen's work included time solo exhibitions at the McYidtan Public Libtary. Journal Quilts and Small Worlcs gave.a sampling of the various techniques Kathleen employs to cohvey whimsy in her pieces, The collection .showed how the artist experiments without Committing to a large amount of time or materials. The secpnd show contained her larger pieces and documented a path from more traditional machine piecing to a .contemporary method of fusing fabric and then layering free motion quilting on tap. Previously, Kathleen's work has appeared in galleries across the country including juried shows; Material Matters at Kimball Art Museum, Park City, Utah, Fabric, Furniture and Furrilshings at Eleanor Bliss Center for the Art, Steamboat .$prings, Colorado, and Ffne Focus a national Juried .exhibit of small format quilts which traveled to 5 states, The later resulted in her piece Malcing the Cut being featured in Quilting Arts magazine 2006 Summer Issue. Kathleen belongs to the following professional prganizations: FRCQ -Front Range G.ontemporary Quitters, TVAA -Treasure Valley Artist Alliance and 8AQA ~ Studio Art Quilt associates. Kathleen balances her life between growing boys and creating art. As an avid whitewater rafter, Kathleen is constantly Inspired by the nature she submerges herself In during week tong raft frips. She hauls river racks home to her studio on ,a regular basis and her camera captures the rest, Meridian City Council Meeting DATE: January 3, 2012 ITEM NUMBER: 5M PROJECT NUMBER: ITEm TITLE: Acceptance Agreement Display of Artwork of Joyce Green in Initial Point Gallery from February 3 to March 2, 2012 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 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 3`2~ day of_~,~~~ , l~ 1 , 2012 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized er the laws of the State of Idaho ("City"), and Joyce Green, an individual person whose address is 1088 W. Chateau Avenue, Meridian, 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 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 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 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, 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 February 3, 2012 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from February 3, 2012 to March 2, 2012, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on March 2, 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 compensafion. 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 maybe 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 Initlal Point Gallery where such removal serves the best interest of the City. ACCEPTANCE AGREEMEMf INITIAL 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 Arkist'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 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 maybe 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 nofify 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 property, 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 maybe 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 maybe 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 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 immediately 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 INITTAL 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 ah 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 enlazged, 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 bylaw. Likewise, the exercise of any remedy provided for herein or allowed bylaw 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 INITIAI. POINT GALLERY DISPLAY PAGE 5 Artist: Joyce Green 1088 W. Chateau Ave. Meridian, Idaho 83646 (208) 888-2427 joyce.greenart@cableone.net Ga11er~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. ~"I..N WITNESS WHEREOF, the parties hereto have executed this Agreement on this ~ day of ~~PrhII.QFP~t , 201 j'. ARTIST: ~' ~, Joyce een CITY OF MERIDIAN: BY: Tammy de ee ,Mayor eQarce~! ~~ I I .. rl n r ~/P City Clerk \ ~ T,,~~' r. .~r^'' `~lde T ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 6 Exhibit A Meridian 1 Commission Ca(( for Artists: 2012 INItIA! POINT GA!lERY SERIES OVERVIEW; The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/or three-dimensional artwork as part of the 2012 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 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 far 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 maybe 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 2012 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, 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 mail: By a-mail: Meridian Arts Commission Attn: 2012 Initial Point Gallery Series 33 East Broadway Avenue Meridian ID 83642 mac®meridiancity.org Exhibit B Meridian Commission Application ~ Acknowledgments: 20'f2 INITIAL POINT GALLERY SERIES ., ARTIST/PRGANIZER CONTACT INFORMATION: Check one: ,~I am submitting this form as an individual artist, ' ^ I am submitting this form on behalf of an organization. Artist/Org. Name: ~Dyc6 GiZCaty Organizer name: E-mail address; Mailing Address: Physical Address; Phony numbers: Day:,?nJ3"rrrsi~r~_r~Z,, Evening: e~,- ~_ Cell:.~v3~-.2~9- /~~`~ APPLICATION OVERVIEW; Check all that apply: ^ 1/we propose to fill ono half of Initial Point Gallery with two-dimensional artwork. '~f-Elvvae propose to fill the entire Initial Point Gallery with two-dtmensional artwork. gyp`'(/we propose to fill these display cases wifh 30 artwork: ^ 24"Wx24"Dx42"H ^ 24"Wx24"Dx36"H D 24"Wx24"Dx30"H ^ 24"WX24"Dx24"H Number of 2D pieces: ,~5 ,~ 3~' Average size of 2D pieces: ~~,C7>c ~y yz oz+/~2~ Number of 3D pieces; Average size of 3D pieces: APPLICATION MATERIALS: ~ Completed, signed Application & Acknowledgements Form Biography of artist or informational statement regarding nrganization, no longer than ono 8Yx x 11" pogo; ,.~ A letter of intent, describing: a. Artist/Organization's vision for and/vr theme of the proposed display; b. Number, dimensions, prices, and medium or media utilized in the works to be displayed; c. Ahy publicity that the Artist/Organization 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's work on a CD, resolution 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 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, 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 side 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-dtmensional artwork. / ~ ~ $...~- it ~ ~~ S'-B" ~ / ~~ - ~ ~~ 1 tl 2, t'.I n^ CKNDWLEDGMENTS; I, ~'~YCG ~! ,hereby acknowledge the following stipulations and agree that if this proposal is selected for display at Infeial Point Gallery, such display shall occur subfect to these general terms and conditions, as well as sub)ect 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: A. B. C. I n D. I r E. 1, IT F. G. Before my work will be displayed in Initial Point Gallery, 1 will be required to enter into an Acceptanco Agreement with the City of Meridian establishing the specific terms and conditions of the display of the particular works displayed. 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. Any insurance of the artwork displayed in Initial Paint Gallery shall be Che solo responsibility of the artist. Tho City of Meridian shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery. While artwork displayed in Initial Point Gallery maybe 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. While it is intended that each exhibit in Initial Point Gallery wil! be displayed for cone- to two-month period, this period maybe shortened by the City of Meridian for any reason, wlChout notice to the artist or arganlzatlon. Tho City may display the work of more than one artist or organization in Initial Po1nC Gallery at any time, at the Gity's Sole discretion. 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 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: ~LfyCL-~ ~• ~~C~='ll Date: Q To propose an exhibition in Initial PoinC Gallery, please submit this form, completed in full, with the required materials and fee, via V.5. mail, to: Meridian Arts Commission Attn: Initial Point Gallery 33 kart Broadway Avenue Meridian ID 83642 Thank you for your interest) 1 C88. West Chateau Avenue IVIerldian, Idaho 83646-1484 208.888-2427 .ioYCe¢raenerl a eableone.net petober 23, zol i Meridian Arts Contmfssign 2012Initial Point Gallery Series 33 Bast Broadway,Avenue Iv1etldian, Id: 83642 Dear Sits: Please consider an exhibition ofmyworkfortlte coming Season 6ttho Initial Point Gallety, a, If seleoted, I will be able to fill the entire gallery with works that reflect our Western I Culture'and FTeritage, I haven't decided yet whether it should be entitled "Western Union'; or some, other such, but the work would include Cowboys, Rancheis, Farmers attd Herders; Wildlife and Domestic atiintals; Basque Dancers, Mexican-Amerioair Dancers; Trail Enactments; and some westettt landscapes. Please note this would be completely different than the Water Music exhibition of several years ago. A few water plch~res may be included, but mostly new ones completed since the last exhibition. $. I can exhibit up to 35 watercolors, depending upon their size and suitability, about 10 of which w11112e approximately 30 x 36 inches in size; flie rest being from 11 ~ i4, t6 z 20, or 24 x 30 inches in size. Prices will range Flom $200.00 to $1800.00 c.. I will utilize my perso~tal mailing list for advertising, my Faoeboolc contacts, plus Haws releases to local media (incase they Rio any good) plus the IWS tletwork, and of course anything you fdlks do. d. Thera ai'e no atypical challenges. Thank you! Sincerely, Joyce Green, Joyce Green Watercolors Originally from Minnesota, Joyce Green has been a professional artist for over thirty years, She ,is a signature member Qf The Nationpl Watercolor Society, The Transparent Watercolor Society ofAmerica ,The San Diego Watercolor Soclefy, and Watercolor WesF. She has had works selected for ezHibitlon in the Amettcan Watercolor Society (NewYod<), the Northwes-WatercolarSociety, sand Iripny regional venues. Her work has won numerous awards, Including four "Best of Show" honors. She is a merit member and pgst president of the Idaho Watercolor Society. She holds degrees in flna arts i`rom the University of Minnesota, Duluth, qnd the University of Arizona, and has held professional positions in art educafion and in art museums In Ohio and Arizona prior to moving to Idaho, where she has resided for over 25 years. rp~r over two decades, Joyce has focused upon use of the traditional watercolor piedium. She is fascinated by the expressive .affects possible flirough layering glazes to build color and textural nuance, allowing exploration of design possibilities in light patterns regardless of the subject she chooses. Her primary.goal is to express a-memorable and positive affirmation of life. She (s Known for her "Basque Dancers', "Lambscapes", and "Wator Music' series, as wel as her sensitive portraits. JOYCE GREEJ~1 1088 West Chateau Avenue Meridian, Idaho 83646-1484 208-888-2427 ARTIST'S STATEMENT: 1 strive to paint memorable and personal creatively authentic visions, carefully designed and technically proficient in my chosen medium. I preferthe medium of watercolors because they allow the building of layers of rich glazed colors and textures whioh reflect Ilght through to the white of the paper, My images usually focus an human, animal, and waterthemes, as they are infinitely various, subtle, and challenging. ARTISTIC ACHIEVEMENTS: Signature memberships: (earned via multiply acceptances or award requirements) National Watercolor Society Transparent Watercolor Society of America, Midwest Watercolor West, California San Olego WatercolorSocisty Idaho Watercolor Society Awards and recognitions: Best of Show awarded from Easter Washington Watercolor Society [1986), Treasure Valley Juried Exhibit, B.S.ll. (2002], Nampa Art Guild, (2002 ]First Place, Idaho Watercolor Society, [2000) ,end many others. So% an d featured artist exhibits: Initial Point Gallery, City of Meridian; SpatlightGallery, Boise; Three Rivers Center, Ontario; First Street Gallery, Eagle; Esther Simplot Canterfor the Performing Arts, Boise; Artisan Gallery, Eagle, end others. Juried exhibiciens: (selected representatianJ The National Watercolor Society (2DD9J, American Watarcalor5ociety [1994], included in the traveling show; San Diego Watercolor Society, [200.4, 2OO6,2OD9); The Transparent Watercolor Society of America, (1967-2003); Watercolor Wast, [1986-2002); Northwest Watercolor Society; Montana Watercolor Society; Eastern Washington Watercolor Society; Idaho Watercolor Society and others. Pub/ic and Corporate Col/ections• City of Meridian, Idaho; Albertson's Corporation;. Blue Cross of Idaho; St. Luke's Hospital; Intermountain Gas Company; US Banlc [West One Banl<], Wells Fargo [First Interstate), Key Banl<, Hame Federal Banl<, Batelle Northwest, HeWIetGPackard, Western Idaho Fair, and others. '"selected to save spade and repetitiveness page 2 EDUCATION; B.S. magna cum laude University of Minnesota, Duluth 1965 Art major, Art Mistory minor. M. Ed. University of Arizona, Tucson 1974 Arts emphasis, creative process Continuing education includes many workshops given by Hated watercolor artists such as Frank Webb, Jeanne Dobie, Chang I<hee Chee, Christopher Schink, etc. EMPLOYMENT HISTORY: Curator of Education The Columbus Museum of Art, Columbus, Ohio 1966-1969 Art Teacher Upper Arlington Public Schools, Upper Arlington, Ohio 1965-1966 Tucson Public Schools, Tucson, Arizona 1970- 1972 Sierra Vista Public Schools, Sierra Vista, Artizona 1972-1981 Cochise Community College, Sierra Vista, Arizona 1977-1981 Professional Artist 1979-present Joyce Green Watercolors Workshop Instructor periodically for Idaho Watercolor Society, The Meridian Arts Council,Nampa Art Guild, Spotlight Gallery, First Street Gallery, etc. Private instruction art classes in the Boise and Treasure Valley area. Volunteer experience: Idaho Watercolor Society Past Prosldent, Exhibit Chair, etc. PERSONAL INFORMATION: Place of Birth: Duluth, Minnesota Former Residences; McGregor, Minnesota; Columbus, Ohio; Tucson, Arizona; Siorra Vista, Arizona; Seattle, Washington. Meridian resident since 1983. Travel, both foreign and domestic, has been, and continues to be, one ofthe mast stimulating Influences on my artistic life. I've had the opportunity to visit outstanding art museums throughout the United States, such as the Metropolitan Museum in New Yorl<, Che National Galleries of Washington, D.C., the Art Inst(tute of Chicago, end the Getty Museum in California, I have enjoyed studying art works in museums around the world, from the Warmitage in Russia, the Louvre in France, the Uffizi in Italy. I have traveled to over 70 countries to date, including China, India, Thailand, Cambodia, the Russian Federation, Uzbekistan, most of Europa, Peru, Argentina, Central America, New Zealand, FIJI, Tahiti, Egypt, Morocco, Turkey...All 50 states...? provinces... and more, In these travels I have taken the opportunity to see how other artist express themselves with the gaol of improving my own art. Meridian City Council Meeting DATE: January 3, 2012 ITEM NUMBER: 5N PROJECT NUMBER: ITEm TITLE: Acceptance Agreement Display of Artwork of Theresa Burkes and Andrea Harris in Initial Point Gallery from August 3 to August 31, 2012 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 ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN IlVITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the 2v Y`t day of , 2012 ("Effective Date"), by and between the City of Meridian, a municipal corporation organrzed der the laws of the State of Idaho ("City"), and Theresa Burkes ("Organizer"), whose address is 1019 E. Bannock Street, Boise, Idaho, on behalf of Theresa Burkes and Andrea Harris ("Organization"), 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 3, 2011, 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 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 Organizer and the artist(s) Organizer represents ("Artists") to establish a display of Artists' artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Inifial 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 August 3, 2012, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Artists and 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 August 3, 2012 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from August 3, 2012 to August 31, 2012, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on August 31, 2012, at 9:00 a.m., or at such time and date as is mutually agreed upon by the Organizer and 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 Artists in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Organizer or Artists for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Organizer or Artists 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 Ini6a1 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 or Artists. Organizer acknowledges the Commission's request that Artists 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, 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 coordinate and/or provide the 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. 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 maybe 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 INITIAL POINT GALLERY DISPLAY PAGE 2 V. DISPLAY. A. Original artwork. Organizer and Artists warrant that all artwork provided for display in Initial Point Gallery shall be, and is, original work conceived and created by Artists. 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, the 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 Organizer's and Artists' name. Organizer hereby conveys to City permission to use Organization's and Artists' names for purposes of advertising, marketing, and public information, without violation of Organization's or Artists' rights of privacy or any other rights Organizafion or Artists may possess under this Agreement, provided that City shall not use Organization's or Artists' logo(s), if any, for any purpose without the express, written permission of Organizer or Artists. D. Use of City's name. City hereby conveys to Organizer and Artists 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 Artists 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 maybe 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. VI. INDEMNIFICATION, WAIVER, AND INSURANCE. A. Indemnification. Organizer and Artists 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, ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 3 and from any and all losses and expenses caused or incurred by Organizer or Artists, their servants, agents, employees, guests, and/or business invitees. B. Waiver. Organizer and Artists 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 Artists' performance of this Agreement, whether such loss or damage maybe 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 Artists' 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 Artists in the furtherance of Artists' respective rights or obligations described herein. Insurance of the artwork; of the Artists' persons, property, or interests; and/or of the Artists' employees or agents shall be the sole responsibility of Artists. Artists shall obtain all necessary insurance as may be required in order to protect Artists' 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. Artists 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 or Artists have 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 any 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 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 immediately terminate this Agreement for any reason at any time without prior notice to Organizer or Artists.. C. Termination due to death or incapacity. 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. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 4 VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that the organization and the Artists 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 or Artists and City or between Organizer or Artists and any official, agent, or employee of City. Both parties acknowledge that neither Organizer nor Artists are employees of City. Organizer and Artists 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 and Artists 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 Artists 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. H. Successors and assigns. Artists shall not subcontract or assign any of Artists' obligations under this Agreement that require or that may require their artistic talent or expertise. Artists may subcontract or assign obligations that do not require their 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 INTTIAL POINT GALLERY DISPLAY PAGE 5 Organizer: Gallery Curator: Theresa Burkes Dwight Williams Theresa Burkes & Andrea Harris Meridian Arts Commission 1019 E. Bannock St. 33 E. Broadway Ave. Boise, Idaho 83712 Meridian, Idaho 83642 (208) 870-5556 (208) 887-6473 info@theresaburkes.com dwight5332@q.com Citv: 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. Warranty of authority. Organizer expressly warrants that, to the extent set forth herein, she is duly authorized to act as the representative and agent of Organization and all of its member Artists and principals. Organizer further warrants that she is authorized to bind Organization and its member Artists and principals to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Organization and its member Artists 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 /'0~ day of ,_± u, q~l U , 2012. I ORG NIZER: -~ ~.~ T eresa Burkes ~ CITY OF MERIDIAN: BY: ~.~,trlf~ril~«i~tl~/~~ Tammy ded, Mayor ~1$GD~p4AT6DgVCG~j .. n 1 4R' ./t Clfyof ~P„ Attest: Jaycee I~lman, City Clerk ~ o S °°"°o Py ~W P AQ l,bp TAEA6u0.E~ ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 6 Exhibit A Meridian ~ Commission Call for Artisfis: 2012 INItIAL PINT GALLERY SERIES The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/or three-dimensional artwork as part of the 2012 Initial Point Gallery Series, a series of one•month exhibitions in Initial Poink 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 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 2012 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 v~ith 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 mail: By a-mail: Meridian Arts Commission Attn: 2012 Initial Point Gallery Series 33 East Broadway Avenue Meridian ID 83642 mac~meridiancity. org Exhibit B .',.r- :' _ft/f ~.r,i.cl'r ar_i':..G:~' iii.mas's,i.o n: App(icaa`ion ft Acknow(~dements: 20.12 INITIAL ~QINT C~A~LL~ERY SERIES ARTIST/ORGANIZER CONTACT INFORMATION: Check one; (ffi l ain submitting this form as an Individual artist. Artist/Org. Name„ Organizer name: Email address: Mailing Address: Physical Address: Phone numbers: ^ I m submlttl this form on behal of an orga 1'. 5Q, r CS s7GC _~ a es Ores, rc.5 eon, a roc S.• Od . o C. -a ~, s ~ e Day: c~DB J'70-5-56 Evenings gD~ .P7D- APPLICATION OVERVIEW: Check all that apply; ^ I/we propose to fill.one half of Initial P.olnt Gallery vzith two-dimensional artworle, ~J I/we propose to fill the entire Initial point Gallery with two-dimensional artwork. Q I/we propose to fill these display cases with 3'D aYtworl<; ^ 24"Wx24"Dx42"H Q 24"Wx24"Dx36°H ^ 24"Wx24"Dx30"H ^ 24"Wx24"Dx24"H Number of 2D pieces; ~~ Average size of ZD pieces:,Theresa.: /S "x~Q,~`.,a11,~lren;/d'"n,1p~~ Number of 3D pieces: Average size of 3D pieces; APPLICATION MATERIALS; I'cJ Completed, signed Application fE Aclmowledgemants'Form ~1 Biography bf artist or informational statement regarding organization, no longer than one 8Ys x 71 "page; ® A letter of intent, describing: a. Artist/Orgaitizatlon's vision fpr and/or tfieme of theproposed display; b. Number, dimensions, prices, and medium or media uCilized-in thewnrks to be displayed; c, Any publicity. that the Artist/Organization plans to undertake ff selected; and/or d, Any atypical issues or challenges regarding hanging or display of the works proposed for display, tkl Up to five digital images of Work representational of the artist's/organization's worl<an a CD, resolution of 300 dpi at a minimum size of 5x7", .in ,Jpg forifiat. Please name each image file with arklst's last name or organization Name and the title of the worlt (e.g,; name.title.jpg). Materials submitted will not be returned. Damaged ar non• compliant CDs and/or images will not be considered. Images will not ba 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 tracle system foY hanging two•dimenslonal artworls. Artworfc displayed'In the gallery will be hung from cables using hooks, and therefore must ba equipped with one D ring on the back of the frame, or two D rings on the side rails on the back of the frame, a9lllustratetl 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, eyehoolcs, 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•dimenstonal artwork. ~--'z'--=1` ,i,~-,rte !~~:>1--/a'....~, ~.~.T`~..,g~ ~Y //// ~ J a~ - F~ z+ //~ ~'~Lu / ~ 5 ~ ~~ IIIr1 ~-- ~ ~ ~ ~ -~~ i plvlu~'u1C~~lekwllh y~+ ' z'•I•a- 1CKNGWLEDGfv1ENT5; ~r ~r_rrs I, XJLr 1G~iCtGL ,hereby acknowledge the following stipulations and agree. that if this pr9posal 1s selected for display a nitial Point Gallery, such display shall occur subject to these general terms and conditions, as well as subject to of ~ er specific terms and conditions khat shall be set forth 1n a separate, written Acceptanco Afire ment between myself and the City otMeridian. I specifically acknowledge that; ~ ~ A. Before mywork w1l[ be displayed 9n 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 ,~q particulaY works displayed, 17'~ ~~ B. i n C. ~~ ~a~ k ~`~ I,f mywork 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 (nitial Point Gallery, but ~~drinot and will libt assume liability for any loss or damage. Any insuranco of the artwork displ<yyvd to Initial Point Galieryshall be'the sole responsibility of the artist. The city of Meridian shall not provide insurance to cover loss, thdit, or damago of artwork displayed in Initial Point Gallery. D. While artwork displayed in Initial Paint Gallerymay be passively offered for sale by means of an infofmational table, board, oY hahd'out as pravlded'or allowed by the City o(Msridian, no piece displayed 1n Iriftial Point Gallery may have a visiblo price tag. E.. While it 1s intended that each exhibit in Initial Point Gallery will be displayed for aone- to two•month period, this period may be shortened by fhe: City, of Me~fdian for any reason; without notice to the artist or organization. 'r~ F, The City may display the work of more than one artist or organization in Initial Point Gallery.at any ~~ H. Meridian City Hall is pYlmarily a place of public business and Initial Point Gallery is a public place. The "~'"r City seeks to encourage artistic oxpression and public dialogue, but must s9multaneously ensure that City Hall is a place Where clkizens,. 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'1n the Acceptance Agreement shall be displayed in Initial Point Gallery. I do acknowledge and understand each and all of the foregoing stipulation9 and do agree to khese general terms and conditions. ~~~~ ~~ / Signature: ~~/U2lA~f ry(~~ Print name; 7 rest-L ~(~~~C'S -tYLG~r~LZ/~ri'IS Date: ~ ~ vi ar time, at the Ciky's sole discretion. '~(>~ G. Artwork submitted Por display in Initial Po1ht:Gallery must be original works conceived and created " '^~ by the artist (or by artist members.of the.orgariization) submitting this application. To propose an exhibitton in Initial P61nt Gallery, please submit this (orm, completed in full, with the required materials and foe, via U.S. mail,'tos Meridian Arts Commission Attn: Initial Poiht Gallery 33. East Broadway Avenue Meridian ID 83642 Thani< you for your interest) Theresa A, Burlces 1019 E, Banuoclc St. wise, ID 83712 Oottiber.]2, 2011 IvIerldian Ai'ts Commission Attn; 2012Initial Point Gallery ;Iedes 33 Bast Broadway Avenue Meridian, ID 83642 1J To the'Meridiair Arls Commission: Andrea Ilarr'ts and Iv~rould like to do $ show together at the Initial Point Gallery fn 2012 and request,your consideration of our application. P7easasee the enclosed CD for examples of Andrea` s anll my work, Itt one-half of the gaUeiy space For two-dimensiottat artx Andrea proposes to hang approximately twenty watercolor paintings thatvary in width from 12" to 32", The prices range from $135 to ~i1000, In the other half, I proposeto hang twenty monotypes, each 14" wido, tburcollages also 14" wido, and one collage mixed-mediawot•Ic, 40" by 30", which is The Red Unrbr•ellcr on the CD. Prices range ft'om $150 to $1000. All works are framed and glazed. The Boise Weekly is plenning cn using one of my monotypes as cover art, If I exhibit at the Initial Point .Gallery, they have sail{they will try to schedule that .cover within the exhibition period, provlding more exposure for the exhibition. We alto will advertise the exhibition with the Idaho WatorCOl.ar Society, the Treasure Valley Artists' Alliance, the Idaho Boolc Artist's .Guild, the Art Source Gallery website, my web site, Andrea's website,whtclrts under eonsttuolion, Linlcedln andFaceboolc. Thank you for your consideratl4n, Theresa A. Burlces Enclosures; biography, applicatiomand aclmowledgements form, X35 gallery fee, Cb Artist Biographies TheresaBurlces is a painter and mixed-media artist living inBoise, Idaho, Sinca 2009, her art has been exhibited in the Treasure Valley Artists' Alliance (TVAA) Foray and Complements shows, the Artists' Celebratiort of Chardte's Garden benefit for the McCall Arts and Humanities Council, the ThAAArtWall at Modern Art2011, the Idaho Watercolor Society Capitol Rotunda and Boise Plaza shows, and the We Art Women benefit for the Women's and Children's Alliance. In the summer of 2011, she crested an 8 by 4 foot painting used as a backdrop for over fifty painters of all ages at the Totu• de Fat festival inBoise, The finished painting was donated to the Idaho Commission ofthe Arts, She is currently working with Amy Nack of Wingtip Press on a Day of the Dead exhibit For the Idaho State Flietorical Museum. Theresa is pursuing a BFA at Boise State University with an emphasis in Arawing and Painting. Theresa is a member of the Idaho Watercolor Society, the Treasure Valley Artists' Alliance, and the Idaho Bools Artist's Guild. The Basement Gallery in Boise represents her work. For more information, contact Theresa at info~ther'esaburl<es eom, hup•//www theresaburlces com or (208) 870-5556. Andrea Harris is a watercolor artist living in Boise, Idaho. She studied art at the College of Southern Idaho and at Boise State University. She is a member the Idaho Watercolor Socioty and the Treasure Valley Artists' Alliance. Her paintings are currently displayed at the Art Source Gallery in Boisa. She was chosen St. Alphonsus' Artist of the Month in May of 2010 and has participated in many exhibits with the Idaho Watercolor Society, including the 2009, 2010, and 2011 annual juried shows at Boisa State University. Her painting Shoshare Falls was awarded Fifth Place at the 2011 Annual Jutted Lkhibition. Two of Andrea's paintings have appeared on the cover of The Courrd y Register (April- May 2009 and 2010), a bi-monthly publication reaching readers in Oregon, Washington . and Idaho. For more information, contact Andrea at aharrisart2 a clearwire net or (208) 426-8499. Meridian City Council Meeting TE: January 3, 2012 ITEM NUMBER: PROJECT NUMBER: ITEm TITLE: Acceptance Agreement Display of Artwork of Patricia Mortenson Fennell in Initial Point Gallery from August 31 to September 28, 2012 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 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 ~e1 day of ~~,1. , 2012 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized u under the laws of the State of Idaho ("City"), and Patricia Mortenson Fennell, an individual person whose address is P.O. Box 44, Ola, 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 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 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: L SCOPE OF SERVICES. Artist shall personally deliver to Initial Point Gallery, on August 31, 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 hanging such artwork on August 31, 2012 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from August 31, 2012 to September 28, 2012, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on September 28, 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 maybe 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 INITIAL POINT GALLERY DTSPLAY 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 adverkising, 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 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 maybe 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, WAVER, 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. ACCEPTANCE AGREEMENT INITTAL 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 maybe 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 maybe 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 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 immediately 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 INITL4L 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 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 personas 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. 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: ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 5 Artist: Patricia Mortenson Fennell P.O. Box 44 Ola, Idaho 83657 (208) 584-3597 spiritbirds@fmtcblue.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 ~ day of J0,-vuw~~, 2012. ARTIST: (~ Patricia Mortenson Fennell CITY OF 1VIERII3IAN: BY: Tammy dp'W~'erd, Mayor Attest: Jaycee Hc1~11 Ian, City Clerk ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY SEAL ,ire, rsees% PAGE 6 Exhibit A Meridia Commission Ca(1' for Artisfs: 2012 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 2012 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 maybe 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 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 di#ferent 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 2012 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 v~ires 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 mail; By a-mail Meridian Arts Commission Attn: 2012 Initial Point Gallery Series 33 East Broadway Avenue Meridian ID 83642 mac®meridiancity.org Exhibit B Meridian Commission Appllcafion Fr Acknow(edgmenfs: 2012 INITIAL. POINT GALLERY SERIES . ARTIST/ORGANIZER CONTACT INFORMATION: Check one; ~1 am submitting this form as an individual artist, W~`~ f&'len (~jrau5er Wi~s~n ^ I am submitting this form on behalf of an organization. Artist/Org. Name: ~~rri~,'a A~rrfnr~~-nn ~n,ze/~ Organizer name; Email address; Mailing Address: Physical Address: Phone numbers: APPLICATION OVERVIEW,', w~~~ Check all that apply: ~i~we propose to fill ono half of Initial Point Gallery with two-dimensional artwork. /{~eN CoruwS,er, 'H'I/~ propose to fill the entire Initial Point Gallery with two•dirnensional artwork. H/~ ys•,,, ^ I we propose to fill these display cases v~ith 3D artwork: ^ 24"Wx24"Dx42"H ^ 29"Wx24"Dx36"H Q 24"Wx24"Dx30"H ^ 24"Wx2Q"Dx24"H Number of 2D pieces: / 6 - oZ D Average size of 2D pieces: /~ x ~ N Number of 3D pieces; Average size of 3D pieces: PPLICATION MATERIALS: Completed, signed Application & Acknowledgements Farm 'l,' giagraphy of artist or informational Statement regarding organization, no longer than one SYz x 11"page; A letterof intent, describing: a. Artist/Organization's vision for andlor theme of the proposed display; b. Number, dimensions, prices, and medium or media utilized in the worts to be displayed; c. Any publicity that the Artist/Organization plans to undertake tf selected; and/or d, Any atypical issues or challenges regarding hanging or display of tha works proposed for display. Up to five digital images of work representational of the artist's/organization's work on a CD, resolution of 300 dpi aC a minimum size of 5x7", in . jpg format, Please name each Imago ftle with artist's fast name ar organization name and the title of the work (e,g,: name,title.jpg). Materials submitted will not be returned. Damaged or non- camplfantCDs and/or images will not be considered. Images wtll not be accepted via email. ^ $35 gallery maintenance fee, checlt 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•dimensionalarttyork. 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 side 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 to 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 tliree•dimensional artwork. s e ~ z / s, x a p~_p^ ACKN~OWL_EDGMENTS: ,, ~7iL~.r.oac-._- ('~~-~~n~n~G~ , horeby acknowledge the following stipulations and agreo that If this proposal is selected for display at Initial Point Gallery, suth display shalt occur subject to these general terms and conditions, as well as subject to other specific terms and conditions thaC shall be set forth in a separate, written Atceptance Agreemont between myself and the City of Meridian. I specifically acknowledge thaC; A, Before my worl<wilL be displayed in Initial Point Gallery, 1 will be required to enCer into an Acceptance Agreement With the City of Meridian establishing the speciflp terms and conditions of the display of the ~i particular works displayed, 't B. If my work Is selected for display in Initial Point Gallery, the City of Meridiah and its agents will "c exercise professional care in handling and securing all artwork displayed in Initial Point Gallery, but cannoC and will noC assume Uabflity for any loss or damage. C. Any insurance of the artwork displayed in Initial Paint Gallery shall be the sole responsibility of the ~ artist. The City of Meridian shall not provide insurance ko cover loss, theft, or damage of artwort< displayed in Initial Point Gallery. D, While artwork displayed in {nitial 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 fn initial Point Gallery may have a visible price tag, E. While ft 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. The CiCy may display the work of mare than ono artist or organization to Initial Point Gallery at any a" time, at the City's sole discretion, G. Artwork submitted for display in Initial PoinC Gallery must be original works conceived and created i nn~ by the artist (or by artist members of the orgaMzation) submitting this application. H. Meridian CiCy Hatl is primarily a place of public business and Initial Point Gallery 1s a public plate, The inn City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that City Hall is a place Whore 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 torms 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'li~.~,c.r~~k~-~.~ ~e-C.Q~ Print name: ~2rY~~i~r~• ~~F2p- ff pate: iX_¢.X'~dCQ.L~ d ~ o2D l ~ 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 AtCn: Initial Point Gallery 33 East BroadwayAVenue Meridian ID 8364.2 ' Thank you for your interest) 'Biography __ i Patricia Mortensen [=ennell = ~ i` ~'~'~'•~'~"" ~ i, ~f <,'``oy'~ , I P.O. Box 44 , ~ ;~ ,• Ola, Idaho 83657 208-584-3597 -`n`~.r;~~` ,I 7~. d ~,. ~.. si~irltbirdsCcafmtcblue•cam T~~.. f , •(~i ~ - Philosophy: "If you would understand - =''~,_ ~5;.{".;>r„r. 't` "s g;.r.`-~ art, If you would undeP~tand life, you ~ ~"'~; ~' must learn to love many things. sut ' '`~'' ; , ~" ; i ;~. ane musC love with a lofty and serious, ' intimate sympathy, with strength and ~ _ ; intelligence; and one must t+:.a,~;; _; i ^;.'~,. always try to know deeper, better and ^ ~`'~`° ""' r '"` more." Vincent van Gogh LiVing close tp nature Is nourishment for my soul. Painting is rimy compass, Most of my palndngs tom's from an emotional reacfiion to the incredible beauty and natural Ponces around ine. Design ahd color ara my points of emphasis, Value and shape are 'my rahderlyldg structure. Movement and Ilne my melody. Education University of Wisconsin B5 Art Ed. Graduate work; Boise State University Awards IWS First Place Award 2010 IWS Merit Member 2009 IWS Pa'niel Smith Award 2b09 I<ey Bank Corporate Purchase 2005 TAEA Retired Art Educator of the Year 2004-05 IPTA educator of the year 2003 IWS HIC Holbein Award 2004 IWS Grumbacher Award 1999 Artistic Statement; My forinakive years were In the rural countryside of Wisconsin. The Images of yellows and reds of autumn and a snowy owl slttlrig on a fence past during a winter storm as I walked home from the one room rural school are seared into my being. I have Ilved the last thirty four years In rural Tdaho. I was a publib school 'art teacher IC-12 for thirty one years, the last twenty-four in Tdaho, I started In watercolor In 1979 and took workshops with Dr. Loulo Ped< and Gaye Hoopes, I have since taken workshops with the Idaho Watercolor Society. In my first entry into a jUriedshow fn 1999, I entered two from a series I did ehtitled "Handing the L-arch" and had both accepted. I am stl)I working oh this series and a series of Ice paintings that began with an ice jam on the creek next to our house, I try to capture mood and atmosphere in my work. I workwith landscape, animals, the human figure and abstract expressionistic work. I tend'to exagge.rake color and emphasize texture. T am currently working on a series oP historical remnants on the land through symbolism, IF my painting can make people appreciate the beauty and fragility of our earth T Will have realized my purpose. Letter of Intent If chosen by The Meridian Arts Commission for a one manth exhibition: I would fill half of the gallery with two dimensional work. Helen Granger Wlison would f111 the other half with two dimenslonal work and some three dimenslonal work, We would prefer to have the show in September or October. The theme of my exhibit of approximately twenty paintings will be: Natural farces, movements and migrations as experienced In~rural Idaho. MosC of my paintings are framed Co Che size of 18"x24". A few are larger at 30"x36". The prices range from $300.00 to $900.00. r My paintings are mainly transparent watercolor with a few a combinatian transparent watercolor, gouache, and acrylic. We will hold an opening reception for family, friends, and some Watercolor Society members. I will provide a catalog of my work and pricos, There are no atypical Issues for hanging the work. Sincerely, Patricia Fennell Meridian City Council Meeting DATE: January 3, 2012 ITEM NUMBER: 5P PROJECT NUMBER: ITEM rlTl_E: Acceptance Agreement Display of Artwork of Bev Blank in Initial Point Gallery from February 3 to March 2, 2012 MEETING NOTES ~„~r,mw~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE F/NAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERH)IAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK~N INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the ~''~ ~ day of _S~, 2012 ("Effective Date"), by and between the City of Meridian, a municipal corporation organrz under the laws of the State of Idaho ("City"), and Bev Blank, an individual person whose address is 4834 Cresthaven Circle, Boise, 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 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 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 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, 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 February 3, 2012 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from February 3, 2012 to March 2, 2012, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on March 2, 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 IL 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 maybe 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 INITIAL. 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 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 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 maybe 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 maybe 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 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 immediately 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 IldrflAl. 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 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 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 INTTIAL POINT GALLERY DISPLAY PAGE S Artist: Bev Blank 4834 Cresthaven Circle Boise,lD 83704 (208) 376-0714 btblank@q.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 of 2012. ARTIST: `/~J /~ Bev Blank CITY OF MERIDIAN: BY: Tammy ~erd, Mayor Cityof Attest: aycee H6llnan, City Clerk SEAL ~~lbe TXF~F% 3 day ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 6 Exhibit A Meridian ~ Commission Call for Artists: 2012 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 2012 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 Paint 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 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 • $35 gallery maintenance fee (nonrefundable). • Details and forms are available at the City's website, http://www.meridiancity.org or upon request. Limited assistance producing digital images may be available upon request. Materials submitted cannot be returned. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, October 28, 2011. SELECTION PROCESS: The selection of art for the 2012 Initial Point Gallery Series will be made by MAC. MAC will notify selectees by letter sent U.S. Mail. In evaluating eligible proposals, the following factors will be considered: • Quality of work; • Appropriateness of subject and concept for a functioning government workplace; • Consistency with City policy and community values; and • Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION: The City of Meridian will provide selected artists/organizations with the following resources: • Volunteers to assist artist/organization with installing and removing each piece of artwork; • Track system for hanging 2D art, using wires that are attached to hooks; • Four enclosed pedestals for 3D art, each approximately 24 inches square; • Space for artist information and/or an information board; and • Publicity of the exhibit through City contacts, local media, and other informational forums, CONTACT MAC: By mail: Meridian Arts Commission Attn: 2012 Initial Point Gallery Series 33 East Broadway Avenue Meridian ID 83642 By a-mail: macC~meridiancity.org Exhibit B l-- Meridian Commission Application ~ Acknowledgmentsi ?,~12 INITfAI, I ARTIST/bRGANIZEIt CQIyTACT INFORMATIOhI: Check one: D 1$m subYriitting this form as an fndi+iidual artist C] 1 am submitting this form on 4ehalf of an prganjz~ ArtistlOrg. Name: Organizer name: Email address: MalUrig Address: .Physical Address: Phone ifumbers: Day: .s"7G ~ CJ`7/~f Evening: Cell: :~. > 3 .:~ o APPLICATION i~VERVIEW: Check all that apply: I7 Uwe propose to fill oqe half of Initial Point ballery with two-dimensional artwork. ^ 1/we propose to fil(fhe entire Initial PAlnt Cahery with two-dimensional artwork. ® l/we prapas~ to fill these display cases with 3D artwork: i~'24"Wx7A"Dx42"N ~ 24"Wx24"Dx36"1-I l9"24"Wx24"Dx3D"H ,tkl°24°Wx24"'Dx24"H Nuthber of 2D 'pieces: Average size of 2D pieces: Number of 34 pieces: /n Jl. ~.. ~~.rl~ ..3ih,<.~~ Average size of 3D pieces: ~" " ~1/SP~y ~1G'CE~u APPLICATION IviATERIALS: l~ Completed, signed Application `$ Acknowledgements Form ~ l2YBiography of artist or informational statement regarding organization, no longer than one 8+h x 11 t' page; (~ ' mFA letter of ilteent, describing: a. Artist/organization's vision far 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 plans to undertake if seleeted and/or d, Ahy atypical issues or challenges regarding hanging or display of the Warks proposed for display. L~`^Up to five digital images of wiirk representational of the artists/organization's work dii a CD, resolution of 3D0 dpi at a roim~nUm size of 5xT ; in .jpg format. Please name each image 3ile With artist's last name or organization flame apd 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 qot be accepted via e-mail. L~<$35 gallery maintenance fee, check made payable to the Meridian APES Commission. This fee is nonrefutidable, AISPLAY INFOitMATItlN: Initial Point Gallery fs equipped with a track system for hanging two-dimensional artwork. Artworte displayed'in the gallery Wilt be hung from cables using hooks, and:therefore must be equipped W(th one D ring on the back of the f:`ame, or two D rings on the side rails on the back of the frame, asillustrated below. The D-rings should be approximately a quarter of the distance of the total frame height from the top o(` the frame in order to avoid slanting away from the Wall. Wires, a ehaaks, iind clip frames h5ay hot be used for hanging, and.aY.? not allaWed. Initial Pa1nC Gallery else provides four display Cases, each with different dimensions, far displaying thfee-dimensional artwork. I~t--x•--1' .-i"-f l~ I y ~~ ~/ ~PlclutOHanping w~h Two CaLles ' 1 2" 0" ~ ' 2' .I _ . ~..h1 °I. ?~ ~i ~ ~1 ~- - !_.: J~C.. t-" = A4KNQWLEDGMENTS: i, ~ck-2~r-u 3~~ ~~ ,hereby acknowledge the follpwing stipulations and agree that if this proposal is selected fore splay at Initial Point Galtery~ such display shall occursiabject to these general teems and Conditions, as well as subject to other specific. terms and conditions that shall be set forth in a separate, written Acceptance Agreement between thyself attd the City.of Meridian, l specifically acknowledge that: ~3~ ik'_ A~ Before my work will be displayed in lnitiat Point Gallery, I will be required to enter into an Acceptance Agreement with the City of Meridiant establishing the specific terms and conditions of the display of the particular works displayed. ~KB. If my work is selected for display in initial Point Gallery, the City Of Meridian and its agents will "~T ~' 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 darpage, ,~ C. Any insurance of the artwork displayed in initial Point Gallery shell b$ Ehe solo responsibility of the ~" '"~ artist. `the City of Meridian shall not provide insurance to cover loss, theft, or damage of artwork displayed in lm'tial Point Gallery. "~'~D. While artwork displayed in Initial Point Gallery maybe passively offered forsale by means of an INIT Al informational table, boerrf, ar handout as pravfded 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 (nitial PoiY~t Gallery Will be displayed fora ones rQ two month ~ r ` period, this period may be shortened By the City of Meridfan for any reason, without notice to the artist or organization. l P1 ~F. The City may display the work of more than oneartist or organizatiot5 iIl Initial Point Gallery at any r" v'~ time, at the City's sale discretion. ~G. Artwork submittr~d forsiisplay 1n Initial Point Gallery must be.original works eonceiyed and created aortal b the artist or by artist members of the or anization) submitting thfs app ' y l g hcation. (,CH. Meridian City Hall is primarily a place of publipbusiness and Initial Point Gallery is a public place. The INIT c City seeks to enGOUrage artistic expression apd public dialogue, but must simultaneously ensure that City Nall is a place where citizens, employees, and disitors of diverse ages and perspectives feel Welcome and comfortable. To this end, only artists and artwork meeting Che eligibility standards described in the Calf for Artists and following the terms set forth in the Acceptance Agreement shall be displayed in initial Point Gallery. I do acknowledge and ugderstahd each and all of the foregoing stipulations and do agree to these general terms and conditions. t~~' ~~~.~~. ~ ~'4~1/~/~ Signature: I~~2~~.~.a ~~„~~~~ Print name: _:A'A~J-/ ~ J~'~.~s ~-~,g., Date: = ~ ~ "~~~ -/r' To propr~se an exhibition in Initial Point Gallery, please submit this form, completed in full, with the required materials and fee, via Us. mail, to: 6leridlan Arts Commission Attn: Initial Point Gallery 33 East Droadway Avenue Meridian ID 83642 Thank yop for your interestl Letter of Intent We hope this exhibit will Inspire and promote the fine craft of weaving. Bev Blank and Kathy Kostka have been displaying their weaving together for the past 7 years and plan on displaying weaving, including shawls and scarves of various fibers, colors and textures. We have display equipment that will easily fit into the pedestals for our shawls with an arrangement of smaller handwoven items around the bases. We have a mailing list from our many shows and can promote the show at the venues that we are exhibiting at now. The preferable time for our exhibit would be Winter or early Spring. Bev Blank Handweaver I began weaving on a frame loom that my husband built forme in 1972. The next year I learned to weave on a floor loom that was far more complex than a tapestry frame. I was offered the use of looms and other equipment that were necessary for weaving when I joined an informal group of weavers whose leader lent an unused house on her ranch for studio space. Looms were given to her when her generosity became known; there were twenty at my last count. It was a wonderful experience meeting to work with outer crafts people, sharing information, and successes and failures. I had only been weaving there for a few months when another opportunity came up. The ranch owner, a mutual friend and I went on a weaver's tour of the British Isles. The trip was offered by the University of California-Davis with eight college credits in weaving and dyeing to be earned at Christ Church College in Canterbury, England. IrVeaving is an ancient craft. It has been suggested that early man saw that the leaves of water plants had interwoven with the stems, creating a mesh that trapped fish. What a useful ideal-Stems and leaves, sterns and sterns, could produce footweaz and containers to hold gathered nuts and berries. Shelter benefited man and that could be woven also, as we learned in Wales where we saw a barn on which the sides were made of woven tree saplings. It seemedto me that weaving might be limitless and that was an exciting concept. The course at Canterbury was very intense; we worked before and a$er breakfast, through the day and after dinner. Our instructors were guests of the College from all over England and Scotland, the best in their respective areas of weaving, Our field #rips included their studios, other professional studios, major Museums, weaving mills, and castles with beautiful tapestries. What an introduction to weaving I had. I came home feeling good about all I had learned, including the satisfaction of being disciplined and wanting to work hard. At a conference that I attended I ordered my first floor loom and have continued taking workshops over the years, gathering methods and ideas along the way. I was an Art major at the University of Wisconsia in Madison and love to draw and paint, which has served me well in weaving design. There is something about color and texture in yarns that strongly appeals to me. I have woven wall hangings, tapestries and baskets, along with shawls, throws, pillows, table runners and mats, and wool and Iinen rugs. I began weaving professionally in 1975, selling my weaving in galleries in Montana, Wyoming, Colorado, Missouri, and Wisconsin as we moved with my husband's transfers. In additien, I owned a shop in which I sold other craftsmen's pottery, wooden bowls, and weaving, etc. It was a very positive, teaming five years before i sold it when my husband was transferred. I have taught weaving and drawing; however since moving to Boise I have concentrated on supplying handwovens for a booth at the Farmers Market that Kathy Kostka and I share. I still enjoy weaving as much as when I started. I would like to have a studio space that would accommodate a few looms that I own so that i might pay forward the help i had in the beginning, Perhaps that is in the futm'e. Meridian City Council Meeting DATE: January 3, 2012 ITEM NUMBER: 5Q PROJECT NUMBER: ITEm TIr~E: Acceptance Agreement Display of Artwork of Lauren Kistner in Initial Point Gallery from January b to February 3, 2012 MEETING NOTES Community Item/Presentations Presenter Contact Info.INotes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT 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 ~" day of ~ ,u. , 2012 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Lauren Kistner, an individual person whose address is 2901 W. Stewart Avenue, Boise, 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 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 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 hanging 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 PORJT GALLERY DISPLAY PAGE ~ 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 withintwenty-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 maybe 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 INITIAL POIlJT 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 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 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 property, 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 maybe 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 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 nofice of such termination by the terminating party. B. Termination without cause. City may immediately 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 INITIAL POIMP 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 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 bylaw. 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 INI"17AI. POINT GALLERY DISPLAY PAGE $ Artist: Lauren Kistner 2901 W. Stewart Ave. Boise, Idaho 83702 (208) 968-8210 Lauren@laurentkistner.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 ~ day of ~(0.~, 2012. ARTIS Lauren Kistner CITY OF MERIDIAN: BY: Attest: Tammy dq~4V~rd, Mayor ~~'TeDqu~USr 9 (~ 3~0 ' ~ aycee Homan, City Clerk ~~ SEAL 6~ 6 g0~~de TREA' ACCEPTANCE AGREEMENT INTTIAI. POINT GALLERY DISPLAY PAGE 6 Exhibit A Meridian ~ Commission Call for Artists: 2012 IN11`IAL 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 2012 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 vvil( 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 may reapply biennially. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2012 Initial Paint Gallery Series must provide the following materials and information to MAC in order to be considered for selection. • Completed, signed Application !t 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 2012 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 mail: By a-mail: Meridian Arts Commission Attn: 2012 Initial Point Gallery Series 33 East Broadway Avenue Meridian ID 83642 macOmeridiancity. org Exhibit B ,. Meridian Commission AppCieation &t Acknow(ed~ments; 2012 INITIAL POINT GALLERY SERIES ARTIST/ORGANIZER CONTACT INFORMATION: Check one; ;'Rf I am submitting this form as an individual artist. ^ I am submitting this form on behalf of an organization. Artist/Org. Name; I Acdt2GV~ S i N~c.cz Organize[ name: E-mail address: Mailing Addresg: Physical Address: Phone numbers: pay: ~/7S5 cl f~44 X71 [p Evening: celh APPLICATION OVERVIEW: Check all khat apply: ^ Uwe propose to fill ono half of.lnikial Point Gallery with two-dimensional artwork. /we propose to fill the entire Initial Point Gallery with two•dimehsional _artwork. ^ 1lwe propose to fill these display cases with 3D artwork: q 24"Wx24"6x42"H p 24"Wx24".bx36"H ^ 24"Wx24"6x30"H ^ 24"Wx24"6x24"H Number of 2D pieces: , `I°!~ 2~1 _ Average size of 2D pieces: 2x'2' ~° 3~ K~ c Number of 3b pieces:. Average size of 3D pieces: APPLICATION MATERIALS: ~( Gompletad, signed Application it Acknowledgements Form :£~ Biography of artist or informational statement regarding organization, ne longer than one g%z x 71" page; - ~ A letter of intent, describing: a, ArtistlOrganization's vision for and/ar theme of the proposed display; b. Number, dimensions, prices, and medium or media utilized in khe works to be displayed; c. Any publicity that the Artist/Organization 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's work on a GP, resolution of 3176 dpi at a minimum size bf 5X7", in .jpg format. Please name each image file with artist's fast name or organization name grid the title of the work {e.g.: name.title.jpg). Materials submfttedwill 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 Gorttmission, This fee is nonrefundable. DISPLAY INFORMATION: initial Point Gallery is equipped with a frock system for hanging two•dimensionalortwork. Artwork displayed in the gallery will be hung from cables using hooks, and therefore must be equipped with one D ling on the back of the frame, or two D rings on the side rails on the back of the frame, as illustrated belpw. 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 awayfrom the wall. Wires, eyehooks, and clip frames may i~ot 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. ~ ~, f, ACrKNOWLEDGMENTS:f/I I, 1. ~i2-~IJ \`~~~~-;"hereby acknowledge the following stipulations and agree that if this proposal is selected for display at Initial Paint Gallery, such display shalt occur subject to these general terms and conditions, as well as subject to other specific terms and conditions that shall beset forth in a separate, written Acceptance A reement between myself and the City of Meridian. t specifically acknowledge that: 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 ~Q particular works displayed. Nl IiwL B. IN TI L C~ INTIAL D~ NITI IAL INITIAL ,I ix~ INNIAL if my work is selected for display in Initial Point Gallery, the Cfty of Meridian and its agents will exercise professional care in handling and securing all artwork displayed in Initial Point Gallery, but cannot and wilt not assume liability for any lass 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. While artwork displayed in Initial Point Gallery may be passively offered for safe 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 aone- to two~month period, this period maybe shortened by the City of Meridian far any reason, wikhout 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 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. N. 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 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 Cal[ 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 da agree to these general terms and conditions. ` ^ Signature: l.U rr ff PrinC name: ~i{ (1~~=N ~ \~`~-~J'E-~~ Date: I d • ~ `f~ ~ ~ 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: Initial Point Gallery 33 East Broadway Avenue Meridian ID 83642 Thank you for your interest! October 14, 2011 Meridian Atts Commission Attu; 2012 Initial Point Gallery Series 33 East Broadway Avenue Meridian, ID 83642 Born and raised in Idaho, I have developed a deep fascination with geothermal activities and other natural phenomenon. My painting makes use of a process that allows the works to oxidize and change long after I am finished. My creative act is merely to set the paintings in motion. They axe about innocence, growth, imperfection and contentment. Recently, I had the opportunity to participate in the Boise Department of Arts in History Artist In Residency Program, and have embarked on a new series of mixed media oil paintings that might interest you. I am interested in reaching out to Idaho's communities with my work and feel honored to have the opportunity to apply for the Initial Point Gallery. Enclosed is a disc of the images fmm the series, along with my aztist's resume and references. I have a Tango of fourteen to twenty-four paintings available in an array of sizes. In my work I am motivated by the line, color, and texture of experiences, people, places and things in memor7es, and the ambiguity between looking and seeing. My work is very textural azid I always look to create art that reflects my intrigue for nature and light, as well as line and texture. Thank you for your consideration. I look forward to speaking with you. Sincerely, Lauren t. Kistner 2901 W. Stewart Ave (208) 968-8210 Lautenna,laurentlcistner.com wwrv.iaurentkistner.com Enclosures; Disc, Resume, Image List Lauren t. I~istner 2901 W. Stewart Ave Boise, Id 83702 (208)968-8210 www.laurentkistner.com Laurenna laurentkistner.com Born: Boise, Idaho, 1982 UuCOnIInQ Exhibitions: Nampa Art Guild Presents Art Out Loud Juried .Art Show, Nampa, ID 10/25 - 11/02/2011 St. Luke's Gallery, Solo Exhibition, 11/1/2011-11/30/2011 Ka]adi Brothers Coffee, Seattle, WA 11-9/12-7-2011 SUB Gallery, Solo Exhibition, Boise State University, Boise, ID 3/9 -4/10/2012 Wiseman Gallery, Solo Exhibition, Grants Pass, OR 4111 -5/11/2012 Exhibitions: Eagle City Hall Gallery, Eagle, ID TVAA Presents Compliments, Boise, ID Fremont Jewelry Design, Solo Exhibition, Seattle, WA Art Source Gallery's 9'~' Annual Juried Art Show, Boise, ID Art in the Roses, Julia Davis Park, Boise, ID Modern Art Event, Modern Hotel, Boise, ID We Art Women Extended Juried Exhibition at the Visual Arts Collective Boise AIR at Renewal Underground First Thw•sday, Boise, 7D Gypsy Gallery Art Show at Studio J, First Thursday, Boise, ID Honors/Awards: 2011 Selected for the Boise Department of Arts & History Traffic Box Public Art Opportunity 5/2011 2010 Selected for the Boise Department of Arts & Ilistory Artist in Residency Program 11/2010 - 3/2011 2005 Selected for the Fred Hutchinson Cancer Research Center Art on Loan Program, Seattle, WA Edncation• Cornish College of the Arts, Seattle, WA, BFA 2005 Cum Lade Boise State University, Boise, ID 2001-2002 Scholarships: President's Scholarship, Cornish College of the Arts 2003-2005 Nellie Scholarship, Cornish College of the Arts 2002-2003 Promise Scholarship, Boise State University 2001-2002 References• Marianne Konvalinka, Gypsy Gallery MKSARTS@msn.com Ellen DeAngelis & Wayne Crans, Dead Bird Gallery Ellen@deadbirdgallery.com Meridian City Council Meeting DATE: January 3, 2012 ITEM NUMBER: 5R PROJECT NUMBER: ITEM TITLE: Acceptance Agreement Display of Artwork of Richard Lowe in Initial Point Gallery from January 6 to February 3, 2012 MEETING NOTES {~,~,~d Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT 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 c'"`Y day of 2012 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized 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 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 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 withintwenty-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 maybe 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 INmAL POIIJT 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 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 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 property, 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 IMTIAL 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 maybe 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, properly, 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 insmance, 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 ternnation. 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 nofice 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 INITIAL POINT GALLERY DISPLAY PAGE 4 VIII. G);NI';RAL 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 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 AGREEMEN'C INITIAL POINT GALLERY DISPLAY PAGE 5 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 City: 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 e °l day of p~~~p~~,2012. ARTIST: Richard Lowe CITY OF MERIDIAN: BY: -~ ~l7P' ~ Tammy de We ,Mayor oQE~TeuAL o'~ 3` City of Attest: ERID Jaycee Ho -i, City Clerk ~ \' SFAi. rA r~R n ~f~e TAF F~ ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 6 Exhibit A Meridian ~ Commission Call for Artists: 2012 IN11`IAL 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 2012 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- dimensionalartwork, 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•dlmensional 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- dimensionalworks 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 far 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 far 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 maybe available upon request. Materials submitted cannot be returned, DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, October 26, 2011. SELECTION PROCESS: The selection of arc for the 2012 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 2~} 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 mail: By a-mail: Meridian Arts Commission Attn: 2012 Initial Point Gallery Series 33 East Broadway Avenue Meridian ID 83642 mac®meri diancity. org Exhibit B Meridian Commission Application £t AcknowCeclgments: 2Q12 INITIAL POINT GALLERY SERFS ARTIST/ORGANIZER CONTACT INFORMATION: Check one: ~ I am submitting this form as an individual artist. q I am submitting this form on behalf of an organization. Artist/Org. Name: ~r?;~ ar.cio n ~,~. r Organizer name: £-mail address; Mailing Address: Physical Address: Phone numbers; APPLICATION OVERVIEW: Check ail that apply: ^ I/we propose to fill one half of Initial Point Gallerywith two-dimensional artwork, ^ 1/we propose to fill the entire Initial Point Gallery with two•dimensional artwork. )~ Vwe propose to fill these display cases with 3D artwork: ^ 24"Wx24"6x42"H ^ 24"Wx24"6x36"H ^ 24"Wx24"6x30"N l'~24"Wx24"6x24"H Number of 2D pleces; Average size of 2D pieces: „ ~ Number of 34 pleces: Average size of 3D pleces: r7 "~r>9 x~ ~ To z•J x l2 X I~ APPLICATION MATERIALS: D~; Completed, signed Application & Acknowledgements Form l ~ ~ Biography of artist or fnformational statement regarding organization, no longer than one 8'/z x i i" page; A letter of Intent, describing: a. Artist/Organization's vision for and/or theme of the proposed display; b. Number, dimensions, pNces, and medium or media utilized in the works to be displayed; c. Any publicity that the Artist/Organization 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 dlgltal.images of work representational of the artist's/organization's work on a CD, resolution of 300 dpi at a minimum size of 5x7", In , Jpg format. Please name each imago file with artist's last name or organization name and the kitie 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. 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 side 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 hefght from the top of ehe frame in order to avoid slanting away from the wail. Wires, eyehooks, and clip frames may no be used for hanging, and are not allowed. Initial Point Gallery also provides four display cases, each with different dimensions, for displaying three•dimensionalortwork. '--->-..,I: is ~, .i Y,~ ~'~ .I. / '~`~ ~ ~! ~ ;- :.:. ~._ JJ t,wr,Y~. % '. i I,~~f ~ A'.n• i~ I ~ jib ~'~' ' ,/ i ACKNOWLEDGMENTS: 1, ,21cN-~~Lc7~~ ,hereby acknowledge the fallowing stipulatlons 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 beset forth in a separate, written Acceptance Agreement between myself and the City of Meridian. 1 specifically acknowledge that; A. Before my work will be displayed in Inltial Point Gallery, I will be required to enter into an Acceptance 'r c Agreement with the City of McHdian establishing the specific terms and conditions of the display of the parCicularworks displayed. B. If my work is selocted for display In Initial Point Gallery, the City of Meridlan and its agents will exercise professional care in handling and securing all artwork displayed in Initlal Point Gallery, but cannot and will not assume liability for any loss or damage. ~L C. Any insurance of the artwork displayed in Initial Point Gallery shall be the sole responsibility of the ' nAL artist. The City of Meridian shall not provide insurance to cover loss, theft, or damage of artwork dlsplayed in Inltial Poink Gallery. D. While artwork displayed in Initial Point Gallery maybe passively offered for sale by means of an rr ^ Informational table, board, or handout as provided or allowed by the City of Meridian, no piece dlsplayed in Initial Point Gallery may have a visible price tag. ~2L E. While it is inkended that each exhibit in Initial Point Gallery will be displayed for a one• to two-month ' r period, this period may be shortened by the City of Meridian for any reason, without notice to the artist or organization. ~L- P. The City may display the work of morn than one artist or organization in Initlal Point Gallery at any ( 'r time, at the City's sole discretion. ~L G. Artwork submitted for display in Initial Point Gallery must be oHginal works conceived and created ITIAL by the artist (or by artist members of the organization) submitting this application. f-•- H. Meridlan City Nall 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 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 1n the Call far 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: r Print name; 1G.hl-Y-l-RZl-~r.~,1 Date: D , To propose an exhibition in Initial Point Gallery, please submit this form, completed in full, with tho required materials and fee, via U.S. mail, to: Meridian Arts Commission Attn: Initial Poinl• Gallery 33 East Broadway Avenue Meridian ID 83642 Thank you for your interests Richaxd 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: I am submitting 4 sculptor pieces for your 3D display. If MAC picl~s 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 Walnut wood and is 18" x 9" x 8" $100.00 4'~'. piece is called Swan (blue) out of died Bass wood and is 21" x 14" x 3" $149.00 Meridian City Council Meeting DATE: January 3, 2012 ITEM NUMBER: 5S PROJECT NUMBER: ITEM TITLE: Acceptance Agreement Display of Artwork of Dwight and Barbara Williams in Initial Point Gallery from March 2 to March 30, 2012 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 ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORKIIN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the ~'" day of ,1 ~~> 2012 ("Effective Date"), by and between the City of Meridian, a municipal corporation organrzed der the laws of the State of Idaho ("City"), and Dwight Williams ("Organizer"), whose address is 655 E. Kingsford Drive, Meridian, Idaho, on behalf of Dwight and Barbara Williams ("Organization"). 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 3, 2011, 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 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 Organizer and the artist(s) Organizer represents ("Artists") to establish a display of Artists' 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 March 2, 2012, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Artists and 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 March 2, 2012 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from March 2, 2012 to March 30, 2012, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on March 30, 2012, at 9:00 a.m., or at such time and date as is mutually agreed upon by the Organizer and 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 Artists in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Organizer or Artists for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Organizer or Artists 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 or Artists. Organizer acknowledges the Commission's request that Artists 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, 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 coordinate and/or provide the 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. 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 maybe 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 INITIAL POINT GALLERY DISPLAY PAGE 2 V. DISPLAY. A. Original artwork. Organizer and Artists warrant that all artwork provided for display in Initial Point Gallery shall be, and is, original work conceived and created by Artists. 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, the 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 Organizer's and Artists' name. Organizer hereby conveys to City permission to use Organization's and Artists' names for purposes of advertising, marketing, and public information, without violation of Organization's or Artists' rights of privacy or any other rights Organization or Artists may possess under this Agreement, provided that City shall not use Organization's or Artists' logo(s), if any, for any purpose without the express, written permission of Organizer or Artists. D. Use of City's name. City hereby conveys to Organizer and Artists 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 Artists shall use City's logo for any purpose without the express, written penmission 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 foriy- 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 maybe 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. VI. INDEMNIFICATION, WAIVER, AND INSURANCE. A. Indemnification. Organizer and Artists 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 properly, ACCEPTANCE AGREEMENT INTTIAL POINT GALLERY DISPLAY PAGE 3 and from any and all losses and expenses caused or incurred by Organizer or Artists, their servants, agents, employees, guests, and/or business invitees. B. Waiver. Organizer and Artists 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 Artists' performance of this Agreement, whether such loss or damage maybe 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 Artists' 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 Artists in the furtherance ofArtists' respective rights or obligations described herein. Insurance of the artwork; of the Artists' persons, property, or interests; and/or of the Artists' employees or agents shall be the sole responsibility of Artists. Artists shall obtain all necessary insurance as may be required in order to protect Artists' 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. Artists 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 or Artists have 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 any 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 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 immediately terminate this Agreement for any reason at any time without prior notice to Organizer or Artists. C. Termination due to death or incapacity. 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. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 4 VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that the organization and the Artists 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 or Artists and City or between Organizer or Artists and any official, agent, or employee of City. Both parties acknowledge that neither Organizer nor Artists are employees of City. Organizer and Artists 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 and Artists 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 Artists 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. H. Successors and assigns. Artists shall not subcontract or assign any of Artists' obligations under this Agreement that require or that may require their artistic talent or expertise. Artists may subcontract or assign obligations that do not require their 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 5 Organizer: Dwight Williams Dwight & Barbara Williams 655 E. Kingsford Drive Meridian, Idaho 83642 (208) 887-6473 dwight5332@q.com Gallery Curator: Dwight Williams Meridian Arts Conunission 33 E. Broadway Ave. Meridian, Idaho 83642 (208) 887-6473 dwight5332@q.com city: 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. Warranty of authority. Organizer expressly warrants that, to the extent set forth herein, she is duly authorized to act as the representative and agent of Organization and all of its member Artists and principals. Organizer further warrants that she is authorized to bind Organization and its member Artists and principals to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Organization and its member Artists 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~~ day of , 2012. ORGANIZER: l Wight illiams CITY OF MERIDIAN: /~` BY: Tammy d~W~erd, Mayor Gry of Attest: City Clerk "~ SEAL '° `B iQ 9rpB °~ IAe T0.t 0.6,,E ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 6 Exhibit A Meridipn 1 Commission Call for Artists: 2012 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 2012 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 PoInC Gallery provides 720 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 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.meridiandty.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 6y 5:00 p.m, on Friday, October 28, 207 7. SELECTION PROCESS: The selection of art for the 2012 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: Tlie 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 mail: By e-mail: Meridian Arts Commission Attn: 2012 Initial Point Gallery Series 33 East Broadway Avenue Meridian ID 83642 mac@meridianci ty, org Exhibit B Meridian Commission App(icatian ~ Acknowledgments: 2012 INITIAL PGINT GALLERY SERIES . ARTIST/ORGANIZER CONTACT INFORMATION: Check one; ~ I am submitting this form as an individual artist. ' ^ I am submitting this form on behalfi of an organization. Artist/Org. Name: bUJt{~.~~{~A.~.C~~~ Wllol_~Pfl~ organizer name: E-mail address: Mailing Address: Physical Address: Phone numbers; Day: Evening: -- Cell: APPLICATION OVERVIEW: Check all that apply: ^ I/we propose to fill one half of Initial Point Gallery with two•dimenslonal artwork. ~I/we propose to f[Il the entire Initial Point Gallery with two-dimensional artwork. ^ I/we propose to fill these display cases with 3D artwork; ^ 24"Wx24"Dx42"H ^ 24"Wx24"Dx36"H ^ 24"Wx24"Dx30"H D 24"Wx24"Dx24"H Number of 2D pieces: Average size of 2D pieces: Number of 3D piecos: Average size of 3D pieces: APPLICATION MATERIALS: ~ Completed, signed Application D Acknowledgements Form Biography of artist or.informational statement regarding organization, no longer than one gYz x 11"page; ~.,= A letter of intent, describing; a. Artist/Organization's vision for and/or theme of the proposed display; b. Number, dimensions, prices, and medium or media utilized 1n the Works to be displayed; c. Any publicity that the Artist/Organization 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's work on a Cp, resolution of 300 dpi at a minimum s(ze of 5x7", in .jpg format. Please name each image file wtth artist's last name ar organization name and the title of the work (e,g.: name.title.jpg). Materials submitted will not be returned. Damaged or non- compllantCDs and/or images will not be considered. Images will not be accepted via a-mail. !~ $35 gallery maintenance foe, 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 artwarlc. Artwork displayed in the gallery will be hung from cables using hooks, and therefore musC be equipped with one D ring on the back of the frame, or two D rings on the side rails on the back of the frame, as illustrated below. The D•rings should be approximately e 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, eyehool<s, and clip frames may not be used far hanging, and are not allowed. Initial Point Gallery also provides four display cases, each with different dimensions, for displaying three-dimensional artwork, ~~'-z'-~` yW~l'--'s'--f ~y--z'-~1` 0._~.. ~'" ~ ~~ r x~m ~~ / a -s° `CKNOWLEDGMENTS: i tFI,~AM~ (pfr•: ~ wtC^lk~~ ~IxQQ~~ ~ ,hereby acknowledge the following stipulations and agree thaC 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 subfect to other specific terms and conditions that shall beset 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 1n Initlal Point Gallery, I wilt be required to enter into an Acceptance iNirwc Agreement with the Cfty of Meridian establishing the specific terms and conditions of the display of the ~,'1 particular works displayed. 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 fin Initial Point Gallery, but cannot and will not assume liability for any loss or damage. 1(~1w1'~ C, Any insurance of the artwork displayed in Initlal Point Gallery shall be the sole responsibiliCy of the '"'n"C artist. The Ciry of Meridian shall not provide insurance to cover loss, thoft, or damage of artwork displayed in Initial Point Gallery. I~ D. While artwork displayed In Initlal Point Gallery maybe 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 6e displayed for aone- tq two-month 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 (, ^~ 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 applicatidn. 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 sfmultaneously 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 khe Call for Artists and following the terms sat forth 1n the Acceptance Agreement shall be displayed 1n Initial Point Gallery, I do acknowledge and understand each and all of the foregoing stipulations and do agree to these general terms and conditions. aj~ 4 ' ~f,(f /Cj/~1 ~I LG//s~bt?~S Signature: ~ °~ ~ Print name: ~a ~ b~ r r It J ~ LLL 2y~,5 pate; V ~ ~ ~~ To propose an exhibition in I iitial Point Gallery, please submik this farm, completed in full, with the required materials and fee, Via U.S, mail, to: Meridian Arts Commission Attn: Initial Point Gallery 33 East Broadway Avenue Meridian ID 83642 Thank you for your interest) The Williams Plan for i1n Exhibit at Initial Point Gallery The plan of.Barbara and Dwight Williams for a joint exhibit ak Initial Point Gallery is simple. We wish to exhibit our two different art forms in an eclectic fashion.. Both Barbara's photographs and Dwight's painting will most likely not follow any certain subject theme, but will include a variety of subjects and styles. We would each take a side of the gallery and plan for something between 16 and 20 pieces per side. If we are selected, the work we bring to the gallery will depend on the scheduling of the gallery for 2012. What we show you now in our application could very well change by some small degree by the time our exhibit arrives. Who knows what better work, in our estimation, we might produce between the time of this application and whatever time we would actually show in the gallery? We would certainly plan on showing what we consider our best work at the time of the exhibit. We have never shown together and see this as a fun opportunity for us and we hope for the community at l arge. Barbara and Dwight Williams { Barbara Williams 655 E. Kingsford Dr. Meridian, ID 83642 Over the last twenty or so years I have actively enjoyed photography. Subjects range from local pieces to colorful activities in Britain and France. Several have won awards in the local fair. I have always had a special interest in the arts. My family includes professional musicians, painters, woodworkers, computer graphic professionals and writers, r, too, am a writer with several works in print. I am a knitter, I work in needlepoint, and I was an original member of The Boise Master Chorale and sang contralto for fifteen years with that group. At present i help hang art shows in The Initial Point Gallery. I have a degree in Literature and Literarary Criticism from Boise State.Inivorsity. this bia is the owe I use ow the backs of paiwfiwgs. It doesw't Iwclude awy Iwfor~atlow about the various books I've worked ow or list awy publicatiaws specifically. ~Iso, (here is wo lauwdry Ilst of shows awd awards aver the last fifty years. Who'd wawt to read a(I that kiwd of stuff awyway? I'~ sure I'd wever reawew~ber it all. Suffice it to say, I've beew iw watiawal, regiowal awd local juried exhibits for post of the tivae awd stretching frog New York to Seattle awd 4os ~wgeles. TJWIGII'l' WTT~T~T&.MS C;55 >v. $ingsfoxd Arive btc~ridian, l:daho 869?. (208) 887.69'1'3 Dwight Williams has painted wateraolars, taught studio alassoa, and conducted workshops and paint3.ng demonsi;xa~4ions in the narthwost United Status fox I:oxty yearn. His work is we'll ]cnown in this ,region and is incXuded in many private, corporate, and institutional 8ol,locL•ions throughout tlxo U.S „ Canada, Japan, Britain, 7•ranca, Ilustr.•ia, and Germany, Williams is a native o~ Missouri and reeoived early training at the 1Kansaa City Art institute and in a very good high school art program, He is a graduate of Balser. TTniversity, Baldwin City, icansas, and Hexlceley, California, concentrating on philosophy, psychology, ~heclagy and social ethics, tlvex the years his work has appeared in a large number a~ regional. and xaational juricd erchibits, invitational shows, and in a variety of publications, f'requontly winning juror's atrards. Ha is both a charter member and merit member c~ the Idaho Watercolor 9ooiety. His work has won awards and been included in the TWS travelling exhibit most years since the inception ol: the soci.aty. Hs has exhibited several times in Watercolor CT.S.}1., the ><Tarthwest Watercolor Society, and many other regional. jux9.ed shows, noting th® last twenty-fivca years his popular western .hmorican thc>mas Nava been supplurnented by a large and colorful collection o£ British landsaapas and axehitectura:L subjects; a result of extensive travel in 1Cngland, Scotland, and Wales. Meridian City Council Meeting DATE: January 3, 2012 ITEM NUMBER: 5T PROJECT NUMBER: ITEM TITLE: Approval of Beer & Wine Owner Transfer from Divine Wine LLC to Helina Marie's Inc. dba Divine Wine Bar located at 2310 E. Overland Rd. 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 ~~ ~~~1~~ ~~iVl. E IDIA~T~~ ~+ n 7' tDAFI® Ee..FI V ~,~ City Clerk's Office CITYOFC`~fT' rourr CITY CLERKS OFFICE CHANGE OF LICENSEE SALE OF BEER BY THE DRINK License Application Applicant: ~ le #: Date complete application received: Date license issued or denied: Applicant Q APPLICATION REQUIl2EIVIENTS: Staff .,~ _. ~ Com leted a lication A lication fee - $50.00 Floor lan of licensed remises Co of Idaho State license to sell beer b the drink Co of Ada Coun license to sell beer b the drink STAFF USE ONLY: Ci 'of Meridian Police De' artment a Yoval Ci " of Meridian Fire De arhnent a royal Ci of Meridian. Buildin De artment a royal Ci 'of Meridian Plannin De arhnenh a royal ` ' Ma or and Ci Council a` royal ` THISAPPLICATION5HALL NOT BE CONSIDERED COMPLETE UNTIL STAFF HAS RECEIVED ALL REQUIRED INFORMATION. Meridian City Clerk's Office - 33 E. Broadway Ave. -Meridian, Idaho 83642 Phone: 208-888-4433 -Facsimile: 208-888-4218 - Website: http://www.meridiancity.org (rev. 12109) Meridian City Council Meeting DATE: January 3, 2012 ITEM NUMBER: 5U PROJECT NUMBER: ITEm TITLE: Pedestrian Pathway Easement for Zebulon Heights Sub. No. 4 MEETING NOTES ~~,~~e Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 ~ BOISE IDAHO 01105/12 12:27 PM DEPUTY Bsnnie0berbillig III IIIIIIIIIIIIIIII~IIIIIII'lllllllll RECORDED-AEOUEST OF 112601059 Meridian Ciry PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made and entered into this ~ day of ~0..nt,Lev~ , 201 between The Traditions by Amyx II, LLP, an Idaho limited liability partnership, the p of the first part, hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation, the party of the second part, hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of a development on which portions of the Meridian Loop Multiple-Use Pathway is located; and WHEREAS, the Grantee required as a condition of approval that the Grantor provide an easement for the pedestrian pathways, which easements are to be shown on the plat of Zebulon Heights Subdivision No. 4; and WHEREAS, Grantor was responsible for the construction of the pathways with adjacent landscaping; and WHEREAS, it may be necessary for Grantee to maintain and service said pathways from time to time; NOW, THEREFORE, the Grantor does hereby grant unto the Grantee the following described properly: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of providing pedestrian pathway easements for multiple-use pathways designated in the City of Meridian Comprehensive Plan, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement unto the said Grantee, its successors and assigns forever. IT IS EXPRES SLY UNDEP~~TOOD AND AGREED, by and between the parties hereto, that maintenance, repair, and replacement shall be performed by Grantor until such time that the multiple-use pathway through Zebulon Heights Subdivision connects from one major arterial to another and is greater than one-half mile long. After these conditions have been fulfilled, Grantor may petition Grantee to assume maintenance, repair, and replacement responsibilities. After making repairs or performing other maintenance, the party performing such work shall restore the area of the easement and adj acent properly to that existent prior to undertaking such repairs and maintenance. However, Grantee shall Pedestrian Pathway Easements Zebulon Heights Subdivision No. 4 not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent, such easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said party of the first part has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR: The Tradi ' lI, LLP Todd Amyx, P r STATE OF IDAHO ~ ss County of Ada ) ~ 1 On this ~ day of ~~~~/ v v , 2011, before me, the undersigned, a Notary Public in and for said State, personally appeared Todd Amyx, known or identified to me to be a Partner of the limited liability partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and vear fist above written. A. °°f~ 'r~ °n• 3 y1' 1'` 4..~u1 'A• m a ®®® ~' NL :1'UB LSC a~. NO~['ARY PUB(,)R IDAHO '~ Resrding at: ~~--vv Commission Exptres: / / Z I ~ Pedestrian Pathway Easements Zebulon Heights Subdivision No. 4 GRANTEE: CITY OF MERIDIAN ~~e~ ~°/ ~ °Rf.Tao au°L~ Tammy de W d, Mayor 3c°~ ' City of E Ilt DIAr ~ ioaxo Attest by J ee Holman, City Clerk ~°~yr Ste' e, gee: rse va Approved By City Council On: ~~ ~ ~ STATE OF IDAHO ) County of Ada ss. On this~day of Je~~~--i~~ , 201 before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my h and affixed my official seal the day and year first above written. (SEAL) ,`~,4 ~OTA~y~ N TARY PUB IC. F DAH~ ~~~ Residing at: /J -~-~/-~f-~~ pUgL~G Con,missionExpires: ,'4 J'. _n OP Pedestrian Pathway Easements Zebulon Heights Subdivision No. 4 BASIS OF BEARING ~ 29 E. McMILLAN ROAD_s Bs'a4'4s" w 2sss.se' 1 ~ 32 s 73z.4z' ~~~~o _y,. . R~o~° cpyc Qo~t~ Iy 51a 0~1 f ~0 9 4, E°e~F ao EASEMENT 'A' ~ _~ ~ m 1750.1 SF N 51'45'18" E- 13.00' ,~ s ~ a. / !Q\ y 8~\J\5\O ~ 17 A2F ~ S~ 14' CITY 0~ MERIDIAN ~ \ ~ ~~\G~~S MULTI-USE PATHWAY gAS\ ENT ms`s L / ~ \ 15 g~0y, 'I ~,~P'~ ~~~ ~ / 14 \ ~ ~QGQ~~C / /, ~., ' 5 ~~~ ///~ \ i / , ~ 4 ~ E. WAINWRIGHT DR. 13 ~ 1 ~I~ blo of ~! 29 28 1923.23' SS cP90 2 33 6 E C ~O ~~ 9$°a O J z UNPLATTED 38'14'42" E 25.00' ~ ~ -S 51'45'18" W / ~ 13.00' / / el~\\\ / ~~,~ / s ~~s\U EASEMENT 'B' ~• ~- ~ 7884.0 SF i / // ~\ I \ ~ - --1 3 ~ 5' wl Y II 12 I ~ I I BOCK 12 I ~`'y/0 ~• I w 3 I ~ 'l y `~ ,. ~~ti >. g~CCK 12 14' CITY OF MERIDIAN / W MULTI-USE PATHWAY EASEMENT / - I ~ I- -- - ~ EASEMENT LEGEND ~ ~ ih l ~ 11 I ~I I 2 N vl - __ -EASEMENT LINE/CENTERLINE Z o ~ --TIE ONLY I NOTE: EASEMENT DI6IENSION DATA / 'S 0` 0.10'44' W 26.47 e _ IS BASED ON THE CENTERLINE L__ 0 CURVE TABLE /SO// .// ~ // l~ - i ~ ~1 CURVE RADIUS DELTA LENGTH TANGENT CHORD CHORD BRG. C1 50.00 70'35'09" 61.60 35.39 57.78 N 02'57'07" W C2 177.00 38'52'00" 120.07 62.45 117.78 N 51°46'27" E C3 64.00 68'16'11" 76.26 43.39 71.83 N 37'04'21" E C4 300.00 00'02'45" 14.45 7.22 14.44 N 01'33'30" E - --~ //~ -T--- ZEBULON1~ElGHT i S~BDI~ISION N0. i 2 SCALE 1" = 100' DWG.DATE 12/14/11 rls PROJ. No. 110517 SHEEP 1 OF 1 /110517-PATHEASE.DWG MERIDIAN CITY MULTI-USE PATHWAY EASEMENT PROPOSED ZEBULON HEIGHTS SUBD. N0.4 LOCATED IN THE NE 1/4 OF SECTION 32 T.4N., R.1 E., B.M. MERIDIAN, ADA COUNTY, IDAHO ENGINEERING SOLUTI®NS1~ 1029 N. ROSARIO ST., STE. 100 MERIDIAN, IDAHO 83642 Phone (208) 938-0980 Fax (208) 938-0941 ENGINEERING planningand engineering communilieslolthe future SOLUl/ONS«p To: Ms. Jaycee Holman, City Clerk City of Meridian 33 East Broadway Meridian, ID 83642 1029 N. Rosario Street, Suite 100 Meridian, ID 83642 Phone: (208)938-0980 Fax: (208)938-0941 E-mail: es-sharis@gwestoffice.net LETTER OF TRANSMITTAL Date: December 21, 2011 Project Name: Zebulon Heights Subdivision No. 4 Project Number: 110517 we are -Pedestrian These are transmitted as indicated below: For A royal A roved as Submitted Submit for Distribution For Your Information A roved as Noted Return Corrected Prints X As Re uested Returned for Corrections For Pre-Construction For Review and Comment Price X Si natures Re wired For Bids Due: Resubmit for Ap royal Remarks: Jaycee: It is my understanding the easement will be on the City Council's 1/3/12 agenda. Please a-mail me a copy as soon as the document has been recorded so we can place the instrument number on the final plat. Thank you! Cc to: Si ned: ari Stiles Meridian City Council Meeting DATE: January 3, 2012 ITEM NUMBER: 5V PROJECT NUMBER: ITEM TITLE: License Agreement Between Nampa Meridian Irrigation District and the City of Meridian Regarding the Proposed Five Mile Creek Pathway, Segment H l /' c MEETING NOTES n p° I~hr»~7 ~ ~ '! Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rieh AMOUNT .00 45 641SE IDAHO 01119112 09:09 AM DEPUTY Bonnie0b~billig IIIII~I"I~II'II'III+II'I'I!'ll'II'll RECORDED-REQUEST OF 112~054~~ Nampa Meridian Irrigation Disl LICENSE AGREEMENT LICENSE AGREEMENT, made and entered into t11 is ~ day of _ , 201 ~,,, by and between NAMPA & MERIDIAN IRRIGATION DISTRICT, an i~•rigation district ol•gc nlzed gild existll~g under and by vil•tue ofthe Laws of the State of Ida11o, party of the first party, hel-einafter referred to as the '`District.," and THE CITE Or MERIDIAN, a political subdivision and nltu~icipality of the State of Idaho, 33 East Broadway Avenue, Meridian, Idaho 83b~2 party or parties of the second part, hereinafter referred to as file "Licensee," WITNESSETI~I: WI-IEREAS, the parties hereto entered into a Master Pathway Agreement For Developing ai~cl Maintaining Patl~ways for public use along and across some of the District's ditches and within some oftl}~ District's easements and fee title lands dated Decembel• 19, 2000, recorded as ]nstrument No. 100102999, records o~f' Ada COtlllty, Idaho, l~ereinaf~ter referred to as the ``Master Patlyway Agreemel~t;" ancl, WI-IEREAS, the District and the Licensee intended by entering tl~e Master Patl~way Agreeil~el~t to acco~llplish file follor~ving in a 111anner that is consistent witl~ tl~eir respective legal and iiclucial•y responsibilities; to enhance the Licensee's pathway planning though early consultation between License and tl~e District; to establish a process for the Licensee=s submission of pathway requests and tine District's consideration of sllcl~ regi.iests; clad to provide tl~e gel~eral conditions for the District's approval and autllol•ization ofpathway requests affectingtile District's ditches, property, ol~erations anCi 111alntella.ilce; al~d, WI-IEREAS, the District grants to Licel~see the rigl~t develop patl~ways to encroa.cl~ ~vith'rl1 tl~~ District's easements along and across the District's ditches, canals and easements therefor upon the tel•ms anti conditions of said Master Pathway Agreement and after the executiol~ of a I icense agi'eel~1eilt for e~icl~ proposed Crossing and enclroachment; and, W1~EREAS, the Licensee is the owner of tine real property easement / right of way ~bul•clened ~~vilh the ~asenlelltoftlle Districthereinafterll~el~tioned) particularlyclescribed in tl~e"Legal Description"at.tacheci 1lereto as Exhlblt A and by this reference made a part i~ereof; and, WHEREAS, the Distl•irt controls the irrigation/drainage ditch or drain known as the FIVE MIKE DRAIN thereinafter referred to as ``ditch or drain"} togetl~er with the real property andlor easements to con~~ey irrigation and drainage water, to operate and 111aintain the ditch or drain, and whicl~ crosses ~~nd intersects said described real property of the Licensee as shown on Llhibit B attached hereto and by this reference made a part hereof; a,nd, LICENSE AGREEMENT -Page l WHEREAS, the Licensee desires a license to perforill construction of a pedestrian patll~vay from Pi~~e Avenue to Bradley Avenue within the District's easenleilt foi• the Five Mile Drain udder the terms aild conditions of said Master Path~~~ay Agreeineilt and those hereinafter set forth, NOw, TI-IEREFORE, for and in consideration of tl~e premises and o~`tl~o covenants, agi'~el~lontS 1i1C1 c011CIItI011S hel'elnaftei' Set f01'tll Gild those Set fol'tll iil said Master Pathway Agreement, the parties hereto agree as follows: I . Licensee may perfoi•in COnstl'llction involving: (a) a pedestrian patll~vay parallel to the Fivi M Ile Drain aild within the District's easement from Pine Avenue to Bradley Avenue within the District's real property and/o~• easement for said drain; (b}gates and fences across and within the District's easeillent fort he Five Mile Di•ain; and (c} extend the culvert where the Five Mile Drain crosses Pine Avenue and construct anti iilsta[1 the pedestrian pathway across the Five Mile Drain, all within Meridian, Ada County, Idaho, ?. Ally conStructioll or crossing of said ditch or drain shall be performed in accordance with the'`5pecial Conditions" stated in Exhibit C, attached hereto and by this reference illrlCl~ part theroof 3. The permitted hours of use of the pathway shall be from one llal~f ho~ir before sunrise and ono half hour after sunset. 4. The parties hereto incorporate iil and i>1al:e part ofth is License Agreement all the covenants, conditions, and agreements of said Master Pathway Agreement unchanged except as the result of the provisions of this License Agreement. The covenants, conditions and agreements herein coiltainecl and incorporated by reference shall constitute coveila~lts to rual with, aild running with, all of the lands o~'tlle Licensee described in said Exhibit A, anal sllali be binding on each of the parties hereto and oil all parties and all persons claiming under thong or either of them, ailci the advantages hereof shall inure to the benefit of each oftlle parties hereto antl their respective successors and assigns. 1N WITNESS wHLREOF, the District has llereculto caused its corporate Hanle to be siibscribecl by its ufiicers first hereunto duly authorized by resolution of its Board of Directors gild the Licensee has hei•e~iilto subscribed its corporate Hanle to be subscribed anti its seal to be affixed thereto, all as of the d~iy a.nd year herein first above written. NAMPA & MERIDIAN IRRIGATION DISTRICT By Its President AT~resT: -- 4 IRR~~, ~~01 its secrec~rY fin. .y LICENSE AGREEMENT -Page 2 Tl-IECITY of MERIDIAN County of Canyon ss: r By ~~~-~ -Ar,,c~s~ l 'r'., 011 this I ~ day of tc+t.~.~''-~-T-", 2012, before me, the undersigned, a Notary Public in and for said State, personally appeared ~I~ri~'oi1 (_^ ~~;r1~;a11d Daren R. Coon, known to n1e to be the Presiclent a11c1 Secretary, respectively, ofNAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instl•ument and acknowledged to me That such irrigation district execi~tecl the same. IN WITNESS IJVI-ICREOT', I Have hereunto set,lly Hand and affixed my official seal, the day and yeaa• in this cel•tificate first above ~~~~~~ee sTn~I~E of I DAIao County of~C~ 0e°@ °000 0~~0 ~ ~ ~ ~~~ de~0 d ~ d ® ~~ ~ d ~G ~ 4~ ~ ~~ 4° ~8~~~ ~~ ~~ ~~~~~ S5' BA~p8D4~00~~~ ~~~~ ~ ~~~ Notary Publ is far Idaho Residing at ~,~~~ ,1da11o My Calrlnlissioal Expires: v~ ~: ~~ ~~ -~~ 011 tills ~ day of •~ , 20I ~ before me, file ~lndersigned, a Notary P~,b1'ic in anti (~or said State, personally appeared tt~,~, :~f ~ and a.,c, c.~,e ~-~1,~~~lknou~l~ to me to l~~ the ~~1c~- and ~,~ ,respective y, oi'The CITY o)~, MERIDIAN, file eillit ~ that execcited file fore oii1~ instru111e~11t and aclulo~vledgecl to me that such entity e~ecutecl the sa111e. ~ g IN WITNESS WI-IEREOr, I have 1lereunto Set lay h ill t111S Certificate first abo~'e.Wl•lttell. /. a11d a'Ffile{I 111 of~'cial seal, the day anti year ~~ ~.. ~ .. N tary Pclblic fo ~ P? /~~~ siding at , ~~~'~ My Commission Expires:_ LICENSE AGREEMENT ~ Page 3 sTATEOr IDAI~o ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 I BOISE IDAH010126I11 11:28 AM DEPUTY Bennle Oberbilli0 III IIIIIII'll'IIIII'IIIIII IIIIII' IIII RECORDED-REQUEST OF Meridian Ciry 111086780 RECREATIONAL PATHWAY EASEMENT THIS AGREEMENT, made and entered into this ~ day of hG/ , 2011 between John and Shannon Uriona, hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantee desires to grant an easement to establish the pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantee will construct the pathway improvements upon the easement described herein; and NOW, THEREFORE, the Grantor does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated herein. The easement hereby granted is for the purpose of providing public recreational pathway easements for multiple-use non-motorized recreation, with the free right ofaccess to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement unto the said Grantee, its successors and assigns forever. THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that Grantee shall repair and maintain the pathway improvements, however, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Exhibit A, page 1 THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent such easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR: John and Shannon Uriona ohn Uriona GRANTOR: ~~ Ci'i~.u~c.Qv~ Yyl~~ ~~~ Shannon Uriona ~y,T60 AU GRANTEE: CITY OF MERIDIAN oggo e~ n ~~tyor ~ ~7 ~.,- ..- SEAL Tammy de erd, Mayor ", "r r~ i °~u.rau' Attest by~cee Holman, City Clerk Approved By City Council On: - ~~ ~B// Exhibit A, page 2 _ __ STATE OF IDAHO ) ss County of Ada ) On this ~ 1 (" day of (,~lYi~ 4' , 2011, before me, the uudet•sigued, a Notary Public in and for said State, personally appeared John Uriona, laiown or identified to me to betheperson who executed thewitluninstrument, and acknowledged to me that he executed the same. IN WITNES~''WFIERE~'3s,•]a have hereunto set my hand and affixed my official seal the day and ~ ~$f~iTs'f aboyC~yfr~~. :De t 11 ~ ~~/l l/ ~ a . ~C4 l s "~ :, ~ ~ + ~ NOTARY PUBLIC F ,R IDAHO ~•'~~~`~ g;~-y'••. r Residing at: % ~~, ~ s '`e`~~ ,}ta Commission Expires: STATE OF IDAHO ~,.~•rr(rrsei6caret••~' ) Ss County of Ada ) On this --~ day of (~l`fr.~`~~' , 2011, before me, the undersigned, a Notary Public in and for said State, personally appeared Shannon Uriona, known or identified to me to be the person who executed the within instrument, and acknowledged to me that he executed the same, IN WITNESS WHEREOF, I have hereunto set myhand and affixed my off cial sea] the day and year first above written. ,,,,.«t ~~~<<~~a,,,, NOTARY PUBLICFO R~DAHO ,.•`~ , . ~.al~, ~ Residing at E'/rh'~' /L/ y0 ~~, 1> .', , ,nom°° .afi? Commission Expires: ". '~~. =~ e ~ ~ ~ ~~ ~t ~ ~? , sp~ ~ , „^7;1 R ' U~ ~ .•~} . ~~ Nn . .... ~~ ' Exhibit A, page 3 STATE OF IDAHO ) County of Ada ss. On this~s day of (`~{-per ,r , 2011, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. 51GAA ~~'~''. (SEAL) ;,w~?"" ~T ~' ~' S : N ARY PU IC FO DAHO y' $ Residing at: l ~ ~ l Commission Expires: ~ ~, G Exhibit A, page 4 EASEN[ENT DESCRIPTION FOR THE CITY OF 11IER[DIAN, IDAFIO URIONA PARCEL An easement for pathway pwposes locatlcd in the SW '/u of the NE '/ of Section 7, Township 3 North,, Range 1 Fast, Boise Meridian, Ada County, Idaho, more particularly described as follows: Cotnmeucing at a 5/8 inch diameter Iran pin mailcing the southeasterly confer of said SW '/ of the NE '/a from which a brass cap tnmmment mnrldug the southwesterly corner of said SW % of the NE'/+ hears 5 A9°33'2)" W a distance of 1323.77 feet; Thence N 0°30'26" E along the easterly houndary of said SW % of the NE Y a distance of 15.65 feet b the POINT OF BEGINNING; Thence continuing N 0°30'26" E a distance of 12,50 feet to a point; Thence leicving said easterly boundary S 89°24'00" W a distance of 95.00 feet to a point, Thence S 0°30'26°' W a distance of 1250 feet ro a point; Thence N 39°24'OU" E a distance of 95.00 feet to the PGTNT OF BEUIlVNING. This paroel contains 1,183 square feet (0,027 acres) and is subject to any other easements existing or in use, Prepared by: Glenn K, Bennett, PLS Civil Survey Consultants, Incorporated December 23, 2(110 Exhibit A, page 5 SKETCH MAP TO ACCOMPANY DESCRIPTION FOR PATHWAY EASEMENT LOCATED IN THE SW 1 /4 OE THE NE 1 /4 OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, I NO SCALE I I ~ 1 I I I I JOHN AND SHANNON URIONA ~ S 89'24'00" W 95.00' `~ io `io 0 ,~ 1,188 50. Fi. ~ p r7 ~„ 0.021 ACRES ~i ~ O O u1 N 89'24'00" E 95.00' POINT OF i ~ Z BEGINNING ~; 1228.77_ _ 95.00' _ ~~ PINE AVENUE s a9~.js,,~~~ ,,~~ 1,2a.~i~ _-------cE I/t6 C 1/4 Exhibit A, page 6 AOA CDUNTY RECORDER Christopher D. Rich AMOUNT .00 BOISE IDAN01D126111 11;28 AM DEPUTY Bonnie OberbilliQ III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III RECORDED-REQUEST Of Meridian Ciry 111036779 RECREATIONAL PATHWAY EASEMENT THIS AGREEMENT, made and entered into this ~ day of (~,,~-jofa/ , 2011, between BW Meridian Inc, hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantee desires the Grantor to grant an easement to establish the pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantee will construct the pathway improvements upon the easement described herein; NOW, THEREFORE, the parties agree as follows: 1. Grantor does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated herein upon the terms and conditions set forth. 2. The easement hereby granted is for the purpose of providing a public recreational pathway on the property described and depicted in Exhibits "A" and "B" ("Pathway"). The authorized uses of the Pathway are limited to walking, jogging and ridingbicycles or other human- powered vehicles or devices. Authorized uses shall not include horseback riding or any use of motorized vehicles except for necessary access by law enforcement personnel or for construction, maintenance or repair work by Grantee of the Pathway and landscaping and related improvements. 3. The Pathway and its improvements shall be constructed, operated, maintained, repaired and cleaned at all times by Grantee in a good, workmanlike, safe, sanitary, and sightly manner and condition in compliance with the laws ofthe State ofIdaho, and within the conditions stated herein. 4. All costs and expenses involved in the construction, operation, maintenance, repair and cleaning of the Pathway, landscaping and related improvements, or in the operation of the Grantee pursuant to this Agreement, or in the public use authorized by this Agreement, shall be paid by the Grantee and the Grantor shall have no obligation or responsibility for payment of any such costs or expenses. 5. Grantee agrees to construct, operate, maintain and repair the Pathway and any facility, and conduct its activities within or affecting the Pathway and easement area, so as not to constitute or cause a hazard to any person or property. RECREATIONAL PATHWAY EASEMENT - I Exhibit A, page 7 6. Grantee agrees to indemnify, hold harmless and defend Grantor from all claims and damages which may arise from or be caused by the construction, installation, operation, maintenance, repair and auyuse or condition of the Pathway. 7. Grantee shall comply fully with all federal, state or other laws, rules, regulations, directives, or other govermnental requirements in any form as administered by appropriate authorities, which maybe applicableto the construction, installation, operation or maintenance of the Pathway and any facilities pursuant to this Agreement. S. The Grantor hereby covenants and agrees that it will notplace or allow to be placed any permanent structures, trees, brush, or perennial sluubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. 9. The Grantor hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of auypublic street, then, to such extent such easement hereby granted which lies within such boundarythereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. 10. The Grantor does hereby covenant with the Grantee, to the best of its knowledge and belief, that is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. 11. This Agreement and the Grantor's permission to the Grantee to conshuct and maintain the Pathway shall cmrtinuc so long as the Pathway is used by the Grantee and the public for the purposes and in compliance with the conditions stated herein, unless otherwise terminated by agreement of the parties. After ternination, and written notice firom Grantor, Grantee shall remove the Pathway and all related facilities on the Grantor's property which the Grantor identifies for removal in such notice. 12. Grantee shall have no right, power or authority to assign this Agreement or any privileges heremtder to any person or entity. IN WITNESS WHEREOF, the said Grantorhas hereunto subscribed its signature the day and year first hereinabove written. RECREATIONAL YATHWAY EASEMENT - 2 Exhibit A, page 8 GRANTOR: BW Meridian, Inc ,.-~ ~. - ~ ` _~ BY: Dennis Baker Its: President STATE OF IDAHO ) ss County of Ada ) On this % day of ,f 1:~++~ r , 2011, before me, the undersigned, a Notary Public in and for said State, personally appeared Deimis Baker, known or identified to me to be the President of the Corporation that executed the within inshvment, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official sell the day and year fist a,~~~~~y; itten,__- `~ „~~ ~ r/ /~ ~. ~`o E. 5~~~t1/oo ~ ~ ~ ~f~ ~'/y/. L ®~.®T' IR~',; ~; ~ NOTARY PUBL~ I'bR % Residing at: /l'/{~F°. s ~~'~` j® p AG®1 A''a Commission Expires: /r'I . m ~ `~ ~~ ~ ~~ aa i11~. RECREATIONAL PATHWAY EASEMENT-3 Exhibit A, page 9 GRANTEE: CITY OF MERIDIAN ~TpD .~UCLS/' UQO l~D~ Tammy de e d, Mayor 3 ~` city of r ~.Ap/'/E 1DoAN~ s ~ S~L f Attest by cee Holman, City Clerk B"~qq,~ q jg5~5o`` Approved By City Council On: ~ (~I/~-'L/ G~ ~ o~~`~ STATE OF IDAHO ) County of Ada ) ss. On this ~ day of (~';~-t)hQ~1~ , 2011, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ,...... SEAL•S~~S~ 9'~~~'Cn ~ ,); ,m• RECREATIONAL PATHWAY EASEMENT - 4 Residing at: MeY Commission Expires: Exhibit A, page 10 ___ EASEMENT DESCRIPTION FOR'PIIE CITY OR R~IERTDIAN, IDAHO II«' NLERIDIAN, INC, PARCEL An easement for pathway purposes located iu the SW Y of the NE '/ of Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, mote particularly described as follows: Commencing al a 5!8 inch. diametea~ iron pin marking the southeasterly corner of said SW '/ of the NE '/a from wbioh a brass cap nzommtent marking the southwesterly cornez~ of said SW % oPtlre NE % hears S 89°33'29" W a distance of 1323.77 feet; Tbeuee S 89°33'29" W along the sonthcrly boundary of said SW '/< of the NE % a distance of 95.00 feet to a point; Thence leaving said soullrerly boundary N 0°30'26" E a distance of 15.39 Feet to the POINT Of BEGINNING: Thence confiuz»ng N 0°30'26" F, a distance of 12.50 feet to a point, Thence S 89°24'00" W a distance of 56!.39 feet la a point; Thence S 0°32'20" S~z a distance of 1L50 feet to a point; Thence N 89°24'00" E a distance of 566.90 feet to the POINT OF BEGINNING. "this parcel contains 7,086 square feet (0.I 63 acres) and is subject to any other easements existing or in use. Prepared by: Glenn Imo. Bennett, PLS Civil Stuvey Consultants, Incorporated December 23, 2010 Exhibit A, page 11 , ~ z . U 1- O Z W „ n. m i ~ z _ r -.. _- _-__-__ 3 „9 Z,Of,O N -. __. W ~i w r (n i o ~~i Q ~ h ~, W ~- W C O , L D o\~ ~. O i / /y ' V / 1 ' U .L ~ ~~Il' O m ~? m ~ri L Q ^ L 1 ~ Z (U N N w N N h ~~ N . ~ ~ ~ 1-' }- 6 ® Q i f/I ~ ~ ¢ W 1~1 U Wr ^- o w mss- ~ u ~ o _a q~ ,_ ~" QOZO _G ~ N O1 ~~ (Il ~ ~ N ~r~c.> 1- ~ r ~ P] a ~- \ o z ~~Q i ~~ ~, ~, ~~~°~ a ~. O U W ~ ~ M O Z a- I ~" Z w N C1- ~ Z I w Z Q ~ d i ° ~ CJ I_ ~~ I' ~ I \. a' i W z ll IW- _L ~ ~ r~, „oz,zt, o s ~ - ,, I , ~ ,r, _ ~ ~i _ ,~ :: ,. ~~ ~~,il ~~ V U Exhibit A, page 12 ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 BOISE IDAHO 08111111 01:16 PM DEPUTY Bonnie0berbillig III I'lull'IIIIIIIIIIIIIIIIIIIIIIIIII RECORDED-AEOUESTOF 111©E4826 Meridian Ciry RECREATIONAL PATHWAY EASEMENT THIS AGREEMENT, made and entered into thisday of2011, between Danbury Fair Homeowners Association, hereinafter referred to as Grantor," and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as "Grantee" WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantee desires to grant an easement to establish the pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantee will constmct the pathway improvements upon the easement described herein. NOW, THEREFORE, the parties agree as follows: 1. Grantor does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated herein upon the terms and conditions set forth. 2. The easement hereby granted is for the purpose of providing a public recreational pathway on the properly described and depicted in Exhibits "A" and "B" ("Pathway"). The authorized uses of the Pathway are limited to walking, jogging and riding bicycles or other human-powered vehicles or devices. Authorized uses shall not include horseback riding or any use of motorized vehicles except for necessary access by law enforcement personnel or for construction, maintenance or repair work by Grantee of the Pathway and landscaping and related improvements. 3. The Pathway and its improvements shall be constructed, operated, maintained, repaired and cleaned at all times by Grantee in a good, workmanlike, safe, sanitary, and sightly manner and condition in compliance with the laws of the state of Idaho, and within the conditions stated herein. 4. All costs and expenses involved in the construction, operation, maintenance, repair and cleaning of the Pathway, landscaping and related improvements, or in the operations of the Grantee pursuant to this Agreement, or in the public use authorized by this Agreement, shall be paid by the Grantee and the Grantor shall have no obligation or responsibility for payment of any such costs or expenses. 5. Grantee agrees to construct, operate, maintain and repair the Pathway and any facility, and conduct its activities within or affecting the Pathway and easement area, so as not to constitute or cause a hazard to any person or property. RECREATIONAL PATHWAY EASEMENT - 1. Exhibit A, page I3 6. Grantee agrees to indemnify, hold harmless and defend Grantor from all claims and damages which may arise from or be caused by the construction, installation, operation, maintenance, repair and any use or condition of the Pathway. 7. Grantee shall comply fully with all federal, state or other laws, rules, regulations, directives, or other governmental requirements in any form as administered by appropriate authorities, which maybe applicable to the construction, installation, operation or maintenance of the Pathway and any facilities pursuant to this Agreement. 8. The hours for use of the Pathway shall be from thirty (30) minutes before sunrise to thirty (30) minutes after sunset, and the Pathway shall be closed to use during all other times. 9. Grantee shall prepare and install readily visible signs at Pathway entrances or other appropriate locations along the Pathway advising the public of prohibited uses, hours of use, and any ordinances which apply to the public use of the Pathway. 10. The Grantor hereby covenants and agrees that it will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described far this easement, which would interfere with the use of said easement, for the purposes stated herein. 11. The Grantor hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent such easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. 12. The Grantor does hereby covenant with the Grantee, to the best of its knowledge and belief, that it is lawfully seized and possessed of the aforementioned and described tract of land, ahd that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. 13. This Agreement and the Grantor's permission to the Grantee to construct and maintain the Pathway shall continue so long as the Pathway is used by the Grantee and the public for the purposes and in compliance with the conditions stated herein, unless otherwise terminated by agreement of the parties. After termination, and written notice from Grantor, Grantee shall remove the Pathway and all related facilities on the Grantor's property which the Grantor identifies for removal in such notice. 14. Grantee shall have no right, power or authority to assign this Agreement or any privileges hereunder to any person or entity. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. RECREATIONAL PATHWAY EASEMENT - 2. Exhibit A. page 14 GRANTOR: Dan y Fair HOA ~ X.GfXitn ~ BY: BRIAN WARE Its: Treasurer STATE OF IDAHO ) ss County of Ada ) On this ~9~ day of ,~uLy , 2011, before me, the undersigned, a Notary Public in and for said State, personally appeared BRIAN WARE, known or identified to me to be the Treasurer of the Association that executed the within instrument, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. •.••' Bette po. ••A ~t ~•.••«M, ~ j•• NOpq ~, 'Pf. = A ~ y ~.• OB L I C ~'. ~6` •'••......••. ~''•,~F ID~N~ NOTARY PUBLIC FO ID O Residing at: ~D/~. /fl Commission Exp ri es .ly[.Y .l5 ,tb/7 RECREATIONAL PATHWAY EASEMENT - 3. Exhibit A, page 15 GRANTEE: CITY OF MERIDIAN ~ U \~„nu:~~ni~ni,,, Tammy de ~V~,erd, Mayor 1~ _,_, t, ~ .. /V/ i- t x•.90 ~~ Holman, City Approved By City Council On: STATE OF IDAHO ) County of Ada ss. [~ ~ /~ .. On this 9~day of , 2011, before me, the undersigned, a Notary Public in and for said State,l rsonally appeared TAMMY DE WEERD and JAYCEE HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto the day and year first above written. (SEAL) Residing at:_ Commission RECREATIONAL PATHWAY EASEMENT - 4. hand and affixed my official seal Exhibit A, page 16 EASEMENT DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO DANBURY FAIR SUBDIVISION H.O.A. PARCEL An easement for pathway purposes located in the NE '/. of Section 7, Township 3 North, Range 1 East, Boise Meridian, and being a part of Lot 46 of Block 8 of DANBURY FAIR SUBDIVISION NO. S as shown in Book 70 of Plats at Page 7224 in the office of the Recorder, Ada County, Idaho, more particulazly described as follows: Commencing at a brass cap monument marking the southeasterly comer of said NE '/, from which a 5/8 inch diame[er iron pin marking the southwesterly comer of the SW Y. of the NE'/. of said Section 7 bears N 89°33'29" E a distance of 1323.77 feet; Thence N 0°34'21" E along the westerly boundary of said NE '/. a distance of 957.00 feet to a point; Thence leaving said westerly boundary N 89°33'24" E a distance of 253.54 Feel to a point on the northerly boundary of said Lot 46 and the POINT OF BEGINNING; Thence continuing N 89°33'24" E along said northerly boundary a distance of 25.07 feet to the northeasterly wmer of said Lot 46; Thence along the easterly boundary of said Lot 46 the following described courses: Thence S 36°38'29" W a distance of 202.62 feet to a point; Thence S 0° 18'59" E a distance of 339. l0 feet to a point; Thence S 37°56'59" E a distance of 441.33 feet to a point; Thence N 89°33'29" E a distance of 53.73 feet to a point; Thence S 0°32'50" E a distance of 56.02 feet to the southeasterly comer of said Lo[ 46, said point also being on the northerly right-of--way of Pine Avenue; Thence leaving said easterly boundary S 89°33'29" W along said southerly boundary and northerly right-of--way a distance of 45.00 feet to a paint; Thence leaving said southerly boundary and northerly right-of--way N 0°32'50" W a distance of 11.69 feet to a point; Thence N 37°56'59" W a distance of 488.68 feet [o a point; Thence N 0°18'59" W a distance of 352.60 feet to a point; Danbury Feir Page 2 Thence N 36°38'29" E a distance of 194.19 feet to the POINT OF BEGINNING. This parcel contains 22,900 square feet (0.526 acres) a,~d is subject to any other easements existing or in use. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated January 28, 20l ] ~~v,1-ZS-II ~,d 'a~ A . a <°. ~.. ti~ ~~~M°1s-, Exhibit A, page 18 \ 5>EERLOIG CFEEK StIBOM510N POINT OF 6EGINNIN( N 3 '2C 5 .SC WASHINGTON AVE 2s.o2• e ~' „h a5 hOry .1P3 al 6 p1xEMNE PA9K sue6rnsroN W s I" BLOCK t w a <~ U ] 49 WNBUflY fNft SUBOMSION N0. 5 so BLOCK B 51 NO SCxE 46 52 2 n 5] 5j J~ 1~A `~o. 5/ ~~. h 56 ~~, 5] N 0']2'50" W ~ t 1.69' PINE AVENUE N ea]]•29• C I/4 Exhibit A, page 19 56 59 2B" E r 5 032'50" E 56.02' O ~ n ~ cn -=i m m-<n ~ 0 = 0 ~ ~ ZOO :J~D (7 O D O ~ Z ~ Z' ~ ~ D w 00 D ZO Z = "~ m ~D N ~ O ~ moz ~~-~ ~o m F,.I ~ ion z~ °=o mmz mmo r ~ •P = z m CE I/16 ADA COUNTY AECOflDEfl Chrlelopher D. Alch AMOUNT .DO ~ BOISE IDAN011110111 11:68 AM III IIII I IIIIIIII II IIII IIIIII II II II III DEPUIY VIckI Allan flECOADED-flEDUEST OF 111092019 Merldlan Clty RECREATIONAL PATHWAY EASEMENT THIS AGREEMENT, made and entered into this ~ day of /Vo~Pnnbe~/ , 2011, between Sterling Creek Homeowners Association, hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantee desires the Grantor to grant an easement to establish the pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantee will construct the pathway improvements upon the easement described herein; NOW, THEREFORE, the parties agree as follows: 1. Grantor does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated herein upon the terms and conditions set forth. 2. The easement hereby granted is for the purpose of providing a public recreational pathway on the property described and depicted in Exhibits "A" and "B" ("Pathway"). The authorized uses ofthe Pathway aze limited to walking, jogging and riding bicycles or otherhuman- powered vehicles or devices. Authorized uses shall not include horseback riding or any use of motorized vehicles except for necessary access by law enforcement personnel or for construction, maintenance or repair work by Grantee of the Pathway and landscaping and related improvements. 3. The Pathway and its improvements shall be constructed, operated, maintained, repaired and cleaned at all times by Grantee in a good, workmanlike, safe, sanitary, and sightly manner and condition in compliance with the laws of the State of Idaho, and within the conditions stated herein. 4. All costs and expenses involved in the construction, operation, maintenance, repair and cleaning of the Pathway, landscaping and related improvements, or in the operation of the Grantee pursuant to this Agreement, or in the public use authorized by this Agreement, shall be paid by the Grantee and the Grantor shall have no obligation or responsibility for payment of any such costs or expenses. 5. Grantee agrees to construct, operate, maintain and repair the Pathway and any facility, and conduct its activities within or affecting the Pathway and easement azea, so as not to constitute or cause a hazard to any person or property. RECREATIONAL PATHWAY EASEMENT - 1 Exhibit A, page 20 6. Grantee agrees to indemnify, hold harmless and defend Grantor from all claims and damages which may arise from or be caused by the construction, installation, operation, maintenance, repair and any use or condition of the Pathway. 7. Grantee shall comply fully with all federal, state or other laws, rules, regulations, directives, or other governmental requirements in any form as administered by appropriate authorities, which maybe applicable to the construction, installation, operation or maintenance of the Pathway and any facilities pursuant to this Agreement. 8. The hours of use of the Pathway shall be from thirty (30) minutes before sunrise to thirty (30) minutes after sunset, and the Pathway shall be closed to use during all other times. 9. Grantee shall prepare and install readily visible signs at Pathway entrances or other appropriate locations along the Pathway advising the public of prohibited uses, hours of use and any ordinances which apply to the public use of the Pathway. 10. The Grantor hereby covenants and agrees that it will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. 11. .The Grantor hereby covenants and agees with the Grantee that should any part of the easement hereby granted became part of, or lie within the boundaries ofany public street, then, to such extent such easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. 12. The Grantor does hereby covenant with the Grantee, to the best of its knowledge and belief, that is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. 13. This Agreement and the Grantor's permission to the Grantee to construct and maintain the Pathway shall continue so long as the Pathway is used by the Grantee and the public for the purposes and in compliance with the conditions stated herein, unless otherwise terminated by agreement of the parties. After termination, and written notice from Grantor, Grantee shall remove the Pathway and all related facilities on the Grantor's property which the Grantor identifies for removal in such notice. 14. Grantee shall have no right, power or authority to assign this Agreement or any privileges hereunder to any person or entity. IN WITNESS WHEREOF, the said Grantorhas hereunto subscribed its signaturethe day and year first hereinabove written. RECREATIONAL PATHWAY EASEMENT - 2 GRANTOR: St g~eek`HO~~ ~~~ ;)/lam ~~~~ BY: FFYYE MYIRIE CHESTER Its: President STATE OF IDAHO ) ss County of Ada ) On this 3~ S~ day of QC~T)ht,l' , 2011, before me, the undersigned, a Notary Public in and for said State, personally appeared FAYE MARIE CHESTER, known or identified to me to be the President of the Association that executed the within instrument, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. NOTARYPUBLI FOR IDAHO Residing at: I Commission Expires: RECREATIONAL PATHWAY EASEMENT - 3 _... ...... Exhibit A, page 22 ;:,-_ GRANTEE: CITY OF MERIDIAN Tammy de Approved By City Council On: STATE OF IDAHO ) County of Ada ss. Clerk ~n4pgennucos\ ~o 2 ~CHy of SEAI- On this ~_day of ~,~;e,~~~ , 201 I, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and Jr1YCEE ~~~.` ~6Yw.L 3I6Eh~AI~I, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. •~~~A • a~'•. `, ;'~. ~, • ~ . . ~ . . . `, , • •, p , o: • 1'UB1~Z.-'~~. , r~,.nF~1~;, ~~E.~~u~-- ~.. ~ --~..~-. NOTARY PU IC FOR IDAHOE t ~ Residin U.R'~D. ~ ~4~Q~Y Commission Expires: ~~ -~ RECREATIONAL PATHWAY EASEMENT - 4 EASEMENT DESCRIPTION FOR THE CITY OF MET2IDIAN, IDAHO STERLING CREEK H.O,A. PARCEL An easement for pathway purposes located in the NE '/. of Section 7, Township 3 North, Range 1 East, Boise Meridian, and being a part of Lot 20 of Block I of STEItLlNG CREEK SUBDLYISION as shown in Book 77 of Plats at Page 8100 in the office of the Recorder, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the southeasterly comer of said NE '/, from which a 5/8 inch diameter iron pin marking the southwesterly comer of the SW '/, of the NE '/, of said Section 7 bears N 89°33'29" E a distance of 1323.77 feet; Thence N 0°34'21" E along the westerly boundary of said NE '/. a distance of 957.00 feet to a point; Thence 1 eaving said westerly boundary N 89°33'24" E a distance of 253.54 feet to a point on the southerly boundary of said Lot 20 and the POINT OF BEGINNING; Thence continuing N 89°33'24" E along said southerly boundary a distance of 47.5 l feet to the southeasterly comer of said Lot 20; Thence along the easterly boundary of said Lot 20 the following described courses: Thence N 0°34'21" E a distance of 463.38 feet to a point; Thence N 89°25'39" W a distance of 25.02 feet to a point; Thence a distance of 190.23 feet along the arc of a 19L00 foot radius nondangent curve left, said curve having a radius bearing S 64°47'00" W, a central angle of 57°03'51" and a long chord bearing N 53°44'56" W a distance of 182.46 feet to a point; Thence N 32°16'S 1" W a distance of 69.30 feet to a point; Thence N 0°34'21" E a distance of 97.74 feet to the northeasterly corner of said Lot 20, said point also being on the southerly right-of--way of Badley Avenue; Thence leaving said easterly boundary N 89°25'39" W along said northerly boundary and southerly right-of--way a distance of 20.00 feet to a point; Thence leaving said northerly boundary and southerly right-of--way S 0°34'21" W a distance of 1 15.39 feet to a point; EXHIBIT "A" Sterling Creek Page 2 Thence S 82°1GSl"E a distance of 86.95 feet to a point; Thence a distance of 247.27 feet along the arc of a 171.00 foot radius curve right, said curve having a central angle of 82°5]'12" and a long chord bearing S 40°51'15" E a distance of 226,29 feet to a point; Thence S 0°34'21" W a distance of 2.70 feet to a point; 'T'hence S 89°25'39" E a distance of 4.00 feet to a point; Thence S 0°34'21" W a distance of 330.81 feet to a point; Thence S 28°44'52" W a distance of 54.02 feet to the POINT OF I31GINNING. This parcel contains 18,926 square feet (0.435 acres) and is subject to any other easements existing or in use. Prepared by: Glenn K. Bennelf, PLS Civil Survey Consultants, Incorporated January 28, 2011 ___ Exhibit A page 25 BPDLE'/ AvENUE 2 39" W 20.00' _ 21 8fi S 82'1 ,9 22 18 BLOCK I 23 s n SiF RUNG CREEK SUd[IMSIL'N BLOCK t I6 2a 20 N 89'2539" W 25.07 '21 v 89'25'39' E aAa' zz BLOCK B 25 UANBUBY FAIR SUBBNISIGN IJO. 9 ;~-._ _.. Ip w za 25 26 11 N U ~ c t/a WA6HINBTON AVENUE 13 ,2 N 89'33'29' E 0~ ~n1~m' ~~ '~ ~_ ~~ z ~ Q ~ZmjD C7 ODO ~ Z ~ Z ~ =0Z ~ D '~ W n D ZZ~ =~-DC " ~~ ~ D ~ ~~ mrv ~~ r (") Q D ~ ~~~ zm o~m mm~ mmA ~, o\-i Dim z ~III,\E`XHIBIT "B" y CE~tU/16 Exhibit B EXHIBIT C Special Conditions a. Construction of the pathway shall be in accordance with Exhibit C-I, attached hereto and by this reference made a part hereof. The gates installed by Licensee shall have interlocks for the District's access. Additionally, any silt fences installed as part of the construction of the pathway or crossing shall be removed from the District's easement upon comp]etion of construction of the pathway or crossing. b. Licensee shall notify the water superintendent ofthe District prior to and immediately after construction so that he or the District's engineer's may inspect and approve the construction. c. The pipe/culvert extension, installation, and backfill shall, at a minimum, meet the requirements of the Dish'ict and standard specifications for such materials and construction, as set forth in the Idaho standards for public works construction or other standards recognized by the city or county in which the pipe is to be placed. d. Withrespecttotheculvert/pipeextendedandinstalledintheRiveMileDrain,Licenseeshall be responsible for operation and maintenance associated with the Licensee's piping ofthe Five Mile Drain, including rehabilitation or replacementofthepipeandrehabilitationoftheDistrict'seasement. Maintenance shall include, but not be limited to, the removal and disposal of silt, gravel, plant material, and all trash and debris which may accumulate in the pipe. Repairs shall include, but not be limited to, all repairs necessary to preserve the sh'uctural integrity and unobstructed flow of water through the Pive Mile Drain and prevent the loss of water from the Five Mile Drain. If the Licensee shall fail in any respect to properly operate, ma intain and repair such portion ofthe Five Mile Ihain, then the District, atits option, and without impairing or in anyway affecting its other rights and remedies hereunder, shall have the right Co perform the necessary maintenance and repah's and the Licensee agrees to pay to the District, on demand, the cost or expense which shall be reasonably expended or incurred by the District for such purposes. The District shall give reasonable notice to the Licensee prior to the District's performing such maintenance, repair or other work except that in cases of emergency the District shall attempt to give such notice as reasonable under the circumstances. Nothing in this paragraph shall create or support any claim ofany kind by Licensee or any third party against the District for failure to exercise the options stated itt this paragraph, and Licensee shall indemnify, hold harmless and defend Che District from any claims made against the District arising out of or t'elating to the terms of this paragraph except for claims arising solely out of the negligence or fault of the Dish'ict. e. The fo]lowing shall apply to those portions of the fence/gates constructed, now or in the future, in whole or in part, of wood or plastic: Because of the location of the fence/gates and the fact that the fence/gates will be constructed wholly or partly of wood or plastic, the District shall not be responsible for weed control in the areaofthefenceandgates. WithoutaffectingtheforegoingexemptionoftheDistrict from weed control obligations, Licensee hereby indemnifies, holds harmless and shall defend the District from airy claims for damages to said fence because ofweed-burning except where the District intentionally burns the fence or is guilty of gross negligence in burning the fence/gates. f. Licensee acknowledged and confirms that the District's easement a long this section of the Five Mile Drain includes a sufficient area of land to convey irrigation and drainage water, to operate, clean, maintain and repair the Five Mile Drain, and to access the Five Mile Drain for said purposes and is a minium of 100 feet, 50 feet to either side of the centerline. g. Construction shall be completed one year from the date of this agreement. Time if of the LICENSE AGREEMENT -Page 4 essence. 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I i I ~ I a z ~ . ...!~.u ~ .,, S 'v ~ ~ ~ ~yW ~~ D "- Oa' E, _ - ~F~ m ,_ / ~ .. _ >~ ~ ~_._ ~ --~ --te ~sa ~ ase- . r v ` _ ~~ O 1 \\ A3lOtlB ~`_ ~~3~N3Atl i ~. ~ i ~~ ^ol i ~ ~~ ~~~ yo o p ~ 4w \1 ss~~ v ~ ~7~ V 1 ilL. wily u .~ u~ y~aaL mill'e 5.u1 K,m a ~ .' SSS ~o Exhibit C-1, page 13 Meridian City Council Meeting DATE: January 3, 2012 ITEM NUMBER: 5W PROJECT NUMBER: PP 11-01 ITEM TITLE: Findings of Fact and Conclusions of Law for Approval Ten Mile Crossing (fka Meridian Crossing) by Meridian 1 18, LLC Located at 1085 S. Ten Mile Road Request: Preliminary Plat Approval Consisting of 105 Building Lots (52 Residential and 53 Non-Residential) and 4 Common/Other Lots on 1 15.26 Acres of Land in the R-40, M-E, C-C and H-E Zoning Districts 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 3, 2012 ITEM NUMBER: 5X PROJECT NUMBER: ITEm TITLE: Task Order #10162c for the Turbo Blower Installation Services During Construction and Control System Implementation Services with CH2M Hill for aNot-To-Exceed Amount of $84,448.00 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 E IDIAN~-- Public ' °AH ° Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Clint Dolsby, P.E. Assistant City Engineer DATE: December 16, 2011 Mayor Tammy de Weerd City Ceunell Mem6arfr Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: TASK ORDER #10162c FOR THE TURBO BLOWER INSTALLATION SERVICES DURING CONSTRUCTION AND CONTROL SYSTEM IMPLEMENTATION SERVICES WITH CH2M HILL FOR A NOT TO EXCEED AMOUNT OF $84,448 I. RECOMMENDED ACTION A. Move to: 1. Approve Task Order 10162c with CH2M HILL for the turbo blower installation services during construction and control system implementation services, for snot-to-exceed cost of $84,448. 2. Authorize the Mayor to sign the agreement. II. DEPARTMENT CONTACT PERSONS Clint Dolsby, Asst. City Engineer (Project Manager) 489-0341 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION A. Backeround The Public Works and Planning Departments have acquired grant funding for a combined total of $315,218 from the Deparhnent of Energy and Idaho Power for energy efficiency improvements at the Wastewater Treatment Plant. These Page 1 of 3 grants plus the public works capital improvement budget for this project will fund the design, equipment purchase and installation of the turbo blowers and energy efficiency improvements that are estimated to save more than $6,000 a month in energy costs. The turbo blowers have been procured with delivery expected by February 2012 and the Ewing Company is under contract to install the turbo blowers. B. Proposed Project Air for the aeration basins at the Wastewater Treatment Plant is provided by three multi-stage blowers located in the blower building. The replacement of the multi- stage aeration basin blowers with high efficiency turbo blowers and aeration system efficiency improvements has the potential to save several thousand dollars per month. This task order will retain the engineering services of CH2M HILL to perform services during construction including the optimization of the aeration system for the turbo blowers. The optimization of the aeration system by CH2M HILL not only increased the estimated grant from Idaho Power but it will also augment the energy savings to the City. C. Consultant Selection CH2M HILL was chosen for this project due to their expertise in the design and analysis of wastewater treatment plants and their familiarity with the Meridian Wastewater Treatment Plant. CH2M HILL was also selected as a qualified furn to provide consultant services for WW Collection and Treatment Engineering and they hold a Master Agreement for services over $25,000. lV IMPACT A. Strate ig c Im acct: This project supports the Public Works Mission and Vision for emphasizing financial stewardship and environmental sustainability. The proposed improvements are responsive, innovative, and increase operational efficiencies while saving the City several thousand dollars a month in energy. B. Service/Deliverv Impact: The improvements will Treatment Plant through efficiency improvements. C. Fiscal hn acct: reduce the power consumption of the Wastewater the installation of more efficient blowers and aeration Proiect Costs APSCO Turbo Blower Procurement (PO 11-0003) Task Order 10162c Turbo Blower SDC Page 2 of 3 $280,000.00 $84,448.00 Base Installation Bid Amount Total Cost Project Funding Approved FY12 Budget (includes Construction Grant Funch~) FYl l Budget CF (3590-96101) FY12 Budget (3590-96101) Total Funding Construction Grant Fundin¢ Est. Idaho Power Grant Department of Energy Grant Total Grant Funding V. ALTERNATIVES $140,218.00 $175,000.00 $315,218.00 A. The City could defer the turbo blowers and aeration basin air efficiency improvements. However, the Department of Energy Grant must be spent within a year and a half from acquisition, Public Works may run into time constraints to complete this project if it is deferred. This would also delay realization of the energy savings and operational improvements. VI. TIME CONSTRAINTS Council's approval will allow for the installation of the blowers by mid FY12. VII. LIST OF ATTACHMENTS A. Task Order No. 10162c. ,, Approved for Council Agenda: e $178,800.00 $543,248.00 $479,305.00 $100.000.00 $579,305.00 I z zc~ /i Date Page 3 of 3 TASK ORDER NO. 10162c Under the MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF MERIDIAN (OWNER) AND CH2M HILL (ENGINEER) Z This Task Order is made this ~ "~~ day of ~g ~ ~,, , 201 rand 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", and accepted by CH2M HILL, hereinafter referred to as "Engineer" pursuant to the mutual promises, covenant and conditions contained in the Master Agreement (Category 2A) between the above mentioned parties dated April 13, 2010. The Project Name for this Task Order 10162c is as follows: CITY OF MERIDIAN Wastewater Treatment Plant Turbine Blower Installation Services During Construction and Control System Implementation Services Task Order 10162c Project Understanding The City of Meridian is upgrading two of the three existing constant speed blowers to the aeration basins at the wastewater treatment plant for improved operating efficiency. The two constant speed blowers are being replaced with two new K-Turbo turbine blowers. CH2M HILL previously completed preparation of the design and construction bidding documents in support of this blower upgrade project. The City is sending this project out to bid for construction and is expected to initiate construction soon. The City has requested that CH2M HILL provide Services During Construction and Control System Implementation Services in support of the upcoming construction phase of this project as outlined in the scope of work below. Scope of Work CH2M HILL will perform the following tasks in support of the Wastewater Treatment Plant Turbine Blower Installation Services During Construction and Control System Implementation Services project. Task 1 -Project Initiation and Management Task Description: • Prepare Health & Safety Plan for onsite work activities and obtain staff endorsement. Prepare Quality Management Pian for work tasks and ensure adherence by CH2M HILL project staff. • Project documentation, setup and coordination. • Monitor project progress, including work completed, work remaining, budget expended, schedule, estimated cost of work remaining, and estimated cost at completion. Coordinate with and provide periodic updates to City Project Manager. Task Order 10162c Page 1 of 9 WWTP Turbine Blower Installation Services During Construction and Control System Implementation Services • Monitor project activities for potential changes, anticipate changes when possible, and with City approval; modify project tasks, budgets, and approach. • Setup accounting and prepare and submit monthly billing with brief explanation of work completed during billing cycle. • Manage the quality control review of all work activities and project deliverables. Identify senior technical staff for the various technical disciplines and oversee the adherence to the plan during the execution of the work tasks. Deliverables: • Monthly project invoice statements with brief description of work performed. • Health & Safety Plan • Quality Management Plan • Project Documentation Assumptions: • Ninety (90) day duration for completion of services during construction tasks described herein. Budget status monitoring, schedule status monitoring, and project invoicing is a monthly activity for the duration of the project. Task 2 -Services During Construction CH2M HILL will support the City during field construction by providing engineering services as described below. Task Description: • 2.1 Submittal Review. Review and respond to sixteen (16) technical submittals from the Contractor and provide review responses to the City Project Manager. Budget assumes three (3) hours per submittal. • 2.2 RFI and WCD. Review and respond to requests for information (RFI) from the Contractor. Develop content for Work Change Directives (WCD). Budget assumes five (5) RFIs at three (3) hours each and five (5) WCDs at three (3) hours each • 2.3 Construction Progress Meeting. Attend weekly construction progress meetings at the Meridian WWTP. Budget assumes ninety (90) day construction period for a total of thirteen (13) meetings at two (2) hours per meeting (includes travel time). • 2.4 Additional Site Visits. Conduct additional site visits for periodic field observations by one (1) technical design staff, as applicable. Budget assumes four (4) trips for one (1) staff member at four (4) hours each including travel time. • 2.5 Contractor Change Order Request Support. Assist City in the review of Contractor Change Order requests. Budget assumes two (2) change order reviews at two (2) hours each. • 2.6 Substantial Completion Site Visit. Attendance of design team (up to 2 technical staff and project manager) at project site visit with City and contractor to observe completed construction and punch list item identification. CH2M HILL will review and provide Task Order 10162c Page 2 of 9 WWTP Turbine Blower Installation Services During Construction and Control System Implementation Services comments to punch list prepared by the City. Budget assumes one (1) site visit at six ((i) hours for each attendee, including travel time and punch list preparation. Deliverables: • Technical submittal review comments transmitted digitally to the City Project Manager for distribution. • Contractor RFI responses and WCD content transmitted digitally to the City Project Manager for distribution. • Scanned copies of field notes from periodic site visits (Task 2.5) transmitted digitally to the City Project Manager. • Review comments for Contractor change order requests emailed to City Project Manager. • Punch list review comments (Task 2.7) and Substantial Completion form transmitted digitally to the City Project Manager for distribution. • Record Drawings -Provide three (3) half-size copies, one (1) CD with PDF and digital CAD files of the drawings (Prepared under Task Order 10162A).. Assumptions• • Pre-construction meeting will take place either at Meridian Public Works Department conference room or Meridian Wastewater Treatment Plant. The City Project Manager will coordinate with City project team, contractor, and CH2M HILL to schedule the meeting date and time (and conference room). The City will be responsible for recording, preparing, and distributing meeting minutes. • City is responsible for documenting construction progress meeting minutes and distributing. • City is responsible for reviewing and approving Contractor Payment Applications. CH2M HILL will review Contractor Payment Applications and provide input to the City. • Submittals and RFIs from the contractor will be received by the City Project Manager who will log and forward to CH2M HILL for review. Submittal and RFI responses and WCD content by CH2M HILL will be delivered digitally to the City Project Manager for distribution to the contractor. • City inspector will be responsible for performing daily inspections during construction and will notify CH2M HILL of any material variation from design. City will provide CH2M HILL with written documentation of daily construction inspections/observations and performance test results upon request. • Contractor will be responsible for keeping accurate, detailed notes and drawing redlines documenting changes from design drawings. These notes and drawing redlines will be available for review by CH2M HILL throughout the project and the City inspector will provide periodic reviews to ensure that the Contractor is appropriately documenting the as-built conditions. • Contractor will be responsible for providing written verification that construction is complete and scheduling Substantial Completion Site Visit with the City and CH2M HILL that will be mutually agreeable to the parties involved. Task Order 70162c Page 3 of 9 WWTP Turbine~Blower Installation Services During Construction and Control System Implementation Services As-built notes and design drawing redlines maintained by the Contractor will accurately convey as-built conditions and provide sufficient detail for CH2M HILL to easily use as primary basis for producing record drawings. CH2M HILL is not responsible for performing field survey work to produce record drawings. Expenses: (Included in Compensation Table) Travel mileage reimbursement for on-site meetings and site visits. (at rates approved in the City's Travel Policy). Task 3 -Control System Implementation Services Services to be provided by CH2M HILL include PLC programming and control system site acceptance testing. The end product from this programming task will provide the following: The new adjustable speed blowers will be more energy efficient than the existing blowers, and will end up saving energy costs. The new blower control scheme will utilize the adjustable speed capability of the new blowers, allowing operations to maintain the desired control and associated bulk-liquid dissolved oxygen levels in the aeration basins (as opposed to constant speed blowers that very often produce more air flow than is required). This project will require integrating a new package system (high speed, turbo blowers) into the WWTP's existing control system. We will add new monitoring and control features to tie the new blowers into the system. With this control system implemented, it is estimated that there will be the potential to save up to $6,000 per month by operating the system at a lower bulk-liquid 'dissolved oxygen concentration. In addition, CH2M HILL has estimated that an additional incentive from Idaho Power will be $76,210 (from the incentive for the installation of the blower system only), to be paid to City. Task Description: 3.1 Control Concept Planning. The planning task is for development of a document to define the automated monitoring and control functions to be provided for the new turbine blowers. CH2M HILL will lead aone-day workshop at the project site to discuss monitoring and control concepts with City staff, then summarize the concepts in a written document. The document will include a control narrative to summarize the automated monitoring, Wonderware tag configuration properties (e.g. alarmed values, trended values) and control functions. 3.2 Control System Programming. This task is for control system software programming to accommodate new monitoring and control features defined in the control narratives developed under Task 3.1. Work includes programming for the plant's existing Allen-Bradley SLC PLC and Wonderware Intouch HMI systems. It is assumed thattwo graphic displays will need to be modified and one created. Allowance for configuring one daily report using Wonderware Historian Client with up to 8 process values. Task Order 10162c Page 4 of 9 W WTP Turbine Blower Installation Services During Construction and Gonlrol System Implementation Services 3.3 Control System Site Acceptance Testing. This task is for testing of the plant PLC I/O wiring installation and control system software programs to confirm that the functions operate as intended. Work tasks shall include the following: o PLC I/O wiring checkout. Perform point-to-point testing for all plant PLC I/O wiring associated with the new blowers. The testing will confirm the wiring between the field components and the plant PLC's I/O module terminals using actual or simulated I/O at the field terminals and verified in the software. o Software functional testing. Perform testing to confirm that all automated monitoring and control functions operate as intended. All software functions will be tested with actual equipment operation. In some cases, field conditions will have to be simulated in order to accommodate testing of the software functions. Training. Training will be provided in a over the shoulder format with the assigned commissioning operator and the assigned Instrument Technician during the software functional testing of the system. Deliverables: Provide three (3) hard copies of each deliverable listed below, plus one CD containing an electronic copy of each deliverable: • Control narratives Provide one (1) electronic copy of each deliverable: Final PLC program Final Wonderware Intouch application Signed Software Function Test confirming operational status of Integration Services. Anticipated Schedule: The anticipated schedule is listed below: • December 2011 -Control Concept Planning • January 2012 -February 2012 -Control System Programming • March 2012 -Control System Site Acceptance Testing Assumptions: The following assumptions provide the basis for the proposed scope and fee: • To the best extent practicable all work will be executed in 2011 and 2012 calendar years. The plant control system will use hardwired I/O for monitoring and control of the new blowers. We have not included effort for programming data communication between the KTurbo controllers and the plant PLC via Ethernet. The hardwired I/O points to be used are already identified in the design documents produced by CH2M HILL. No additional design work is required. • The existing plant PLC is Allen-Bradley SLC. Task Order 10162c Page 5 of 9 W WTP Turbine Blower Installa}ion Services During Construction and Control System Implementation Services • CH2M HILL will use the plant's existing Wonderware Intouch version. We have not included scope or fee for upgrading the existing Wonderware system to a newer software version. • The project requires modification of only one Intouch application. CH2M HILL assumes the application will be distributed to up to 3 Wonderware Intouch workstations at the WWTP. • All field work will be executed at the City's W WTP. CH2M HILL assumes the project does not require field work at any remote sites. • CH2M HILL's proposal assumes the HMI programming effort will be limited to the following maximum quantities: / Development of one process graphic for the three blowers / Development of one control popup for the three blowers / Addition of up to 30 tags to the alarm summary / Development of up to two new trends • All installation will be provided by Others. • The City (or the City's electrical installation contractor) will provide control system testing assistance and support CH2M HILL's onsite startup activies. CH2M HILL has not included cost for multiple staff members to perform the testing and startup efforts without assistance from others. • Blower manufacturer's service technician will be onsite during site acceptance testing to assist with equipment operation and simulation of PLC I/O. • The installation contractor will complete testing of the PLC I/O wiring witnessed by plant Instrument Technician before CH2M HILL arrives onsite to perform the witnessed PLC I/O wiring confirmation. • The proposed fee includes 6 days, over two separate trips, of onsite testing services by the software engineer. Exuenses: (Included in Compensation Table) • Travel mileage reimbursement (at rates approved in the City's Travel Policy) for on-site meetings and site visits. Task 4 -Erosion and Sediment Control Plan (ESCP) The project is anticipated to disturb less than 1 acre of land and is therefore coverage under the Construction General Permit (CGP) is not required. The construction activities will largely be limited to work within the existing the confines of the existing building. Temporary construction trailer placement and onsite storage of equipment, pipe, and appurtenances will be necessary. In accordance with the City Capital Improvement Projects Water Pollution requirements, CH2M HILL will prepare an Erosion and Sediment Control Plan (ESCP) to for the construction contractor's use in managing storm water at the site. The ESCP will be comprised of a brief Technical Memorandum with supporting drawings/details to address the following topics: • Project name, location map, and responsible Contractor; Task Order 10162c Page 6 of 9 WWTP Turbine Blower Installation Services During Construction and Control System Implementation Services • Project description; • Identification of potential impacts on water quality; and, • 11 "x17" drawing and details depicting storm water management strategy. Deliverables: • Technical Memorandum up to 4 pages plus supporting drawings/details constituting the ESCP. An electronic PDF of the draft ESCP provided to City for review. Upon incorporation of City review comments to the draft ESCP, three (3) hard copies of the ESCP will be provided to the City for distribution to and implementation by the Contractor. Assumptions: • CH2M HILL Agency consultation with Idaho Fish & Game, US Fish & Wildlife, State Historic Preservation Office, and others is not included in this scope of work. • If not available from previous task efforts, City will provide digital CAD file of site survey, including contours and features. • CH2M HILL will receive project-specific information from the project construction contractor related to construction trailer location, temporary storage yard location and size, on-site fuel storage requirements, location of temporary sanitary waste and solid waste units, and other pertinent information for the preparation of the ESCP. • The City will provide one compiled set of draft ESCP review comments within 5 days of receipt of draft ESCP. • The following maps will be generated by CH2M HILL -Site Map showing temporary facility locations (1 sheet) and Details (1 sheet). • The project construction contractor will be responsible for updating the ESCP if changes are made to the facility locations and preparation of a spill prevention and control plan if requested by the City. Preparation of a dewatering plan is not included as part of this scope. • CH2M HILL is not responsible for training, inspections, oversight, maintenance, or updates related to the ESCP. • No site visits are required for the preparation of the ESCP. Expenses: (Included in Compensation Table) • None Task 5 -Manufacturer Coordination This task addresses the ongoing coordination with the high-speed turbo blower manufacturer to provide equipment suitable for the WWTP. Up to four revisions of the blower layout were provided by the manufacturer throughout the duration of the project, requiring additional coordination and revisions to the design Task Order 10162c Page 7 of 9 WWTP Turbine Blower Installation Services During Construction and Control System Implementation Services TIME OF COMPLETION Time of Completion and Project Schedule for each task is listed separately as noted above in each Task. The Not-To-Exceed amount for this Task Order No. 10162c is eighty four thousand four hundred forty-eight dollars ($84,448.00). The hourly rates for services and direct expenses are per the Master Agreement and by this reference made a part hereof. DETAILED PAYMENT SCHEDULE TASK DESCRIPTION SUB TOTAL TOTAL 1 Project Initiation and Management En ineerin /Pro'ect Mana ement $3,316.00 Pro'ect Accountin $ 864.00 Contract Administration $ 362.00 Pro'ect Close-out $ 368.00 Contin enc $6,081.00 Qualit Assurance/Qualit Control $ 728.00 Pre are Health & Safet Plan $ 160.00 SUB TOTAL TASK 1 $11,879.00 2 Services Durin Construction 2.1 Submittal Review 16 Technical Submittals $5,784.00 2.2 RFI and WCD 5 RFI's & 5 WCD's $4,157.00 2.3 Construction Pro ress Meetin 13 Meetin s $7,065.00 2.4 Additional Site Visits 4 Se orate Tri s $2,704.00 2.5 Contractor Chan a Order Re uest Su ort 2 Chan e Orders $ 652.00 2 6 Substantial Completion Site Visit (Design Team Attendance /Record Drawin Develo ment $2,186.00 SUB TOTAL TASK 2 $22,548.00 3 Control S stem Im lementation Services 3.1 Control Conce t Plannin $7,027.00 3 2 Control System Programming $8,261.00 3.3 Control S stem Site Acce tance Testin $21,816.00 SUB TOTAL TASK 3 $37,104.00 4 Erosion and Sediment Control Plan ESCP) 4.1 ESCP Develo ment $2,609.00 SUB TOTAL TASK 4 $2,609.00 5 Manufacturer Coordination $10,308.00 NOT-TO-EXCEED TOTAL $84,448.00 Task Order 10162c Page 8 of 9 WWTP Turbine Blower Installation Services During Construction and Control System Implementation Services Costs will be billed as services are rendered up to the Not-to-Exceed amount. No compensation will be paid over the Not-to-Exceed amount without, a change in scope, and prior written approval by the City in the form of a Change Order. A deductive Change Order will be issued at close of this Task Order if all services listed above are not utilized. Travel and meals are excluded from this Task Order unless explicitly listed in the Scope of Services AND Payment Schedule above. CITY OF MERIDIAN TAMMY de WEER YOR Dated: - 3 a Approved by Council: ~ y3 ` ~-- Attest: CITY Purchasing Approved of SEAL [hee KEITH ATTS, PUR HASI G MANA- Dated: ~ ~/ S-/// Approved as to Form CITY ATTORNEY CH2M HILL BY: Dated: Depart a Approval BY: NAME: inlritalz>;n~ S~-L;~7PJ-riff TITLE: ~laa~nl~t~iz;rtc~ jNtna)fa.c-~ Dated: 1'z/ zo / I Task Order 10162c Page 9 of 9 WWTP Turbine Blower Installation Services During Construction and Control System Implementation Services Meridian City Council Meeting DATE: January 3, 2012 ITEM NUMBER: 6A PROJECT NUMBER: ITEm TITLE: Swear in Mayor -Tammy de Weerd 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 oA~fo~ o~~rC~ I, 7~n~rM cCc ~,~'~t~~ , do soCemnCy swear (or aff rm) that I wiCC support the Constitution of the tinited States, and the Constitution of the State of Idaho, and that I wiCC faithfuCCy d'scFiarge the duties of ~'y / of the City of - C~ ~ e ~ yy/~'a(,c-awn according to tFie best of my a6iCity. 1 Subscribed and sworn to before me this ~ ~ day of ~oia °y. s ~~ " City CCerk _-,,. ra~ fi ~V' ~' L~ 0 ^CS H w O C~ "i~ .~ O •,.r U w 0 :? w 0 0 U q ^d .~ d w 0 U d N O u d _W s. v q d H F a U 0 H w 0 U ~. w w 0 v 0 d b «~ u :: d .:' q •a y 0 N DD i.i a~ z a 0 0 N N O N M iii q q 5 bA .~ d ~. q w° W O d .~ ~. q ... b .~ d q •~ q N ~ q M d ~ ~ ~ ;~ ~ ~ •d ~ ~ ~" 5 ~ q c 0 d U v ., ~ +-' o ~+ w ~ ~ o ~ O ~ ~ ^: v ~ v ~ ~ s. r/? 0 d ~., ~ H ~•y y ^ ~ ~ ~ i ~ y F~ .C V Meridian City Council Meeting DATE: January 3, 2012 ITEM NUMBER: 6B PROJECT NUMBER: Irem TITLE: Swear in City Council Member for Seat No. 1 -David Zaremba 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 oA2~fo~ o~~rC~ I, I~a.,~; al ~a.~.~.~ , do soCemnCy swear (or affzrm~ that I wiCC support the Constitution of the united States, and the Constitution of the State of Idaho, and that I wiCC faithfuCCy discharge the duties of (~,~~ Cmurtic~ / of the City of 'c~c~-•- according to the best of my a6iCity. -, ' '~ / . / ~ o ~~ ~ ~~ - Signed Subscribed and sworn to before me tFiis `~i day of Q0..~,.~.c. ~o ~a ~~'(ED AU GQ44 ~2 _ ~ „c+tyor ~".. S ~~/ City CCerk ~~fie O ~ ~ ~. a~+ W w 0 o U ~ w o ... d s. ~ ~ o ° ~ o H ~ ~ N ~ y M p ~a i.i n i~ °~ ~ q Cd '~ ~ CC O ~ ti Yn '~' bq ~ ~ .7 W OA ~ O ~ ~ }. ~ y U ~ ~ ~ ~ ~ o w ~ w cd o ~ ~ ~ ~ o ~, N y ~ ~ F d ~ a a w° ~' 0 H z •~ w o 0 •~ F~ ~'~, U •'•' ~ A •~ b N Cd F~ M ~ ~t q ~ ~ ~ ~ ; •d ~ ~ ti ~ o C 0 d U w y '" ~ d ~' w 0 ~ o O ~ ~ d p ~ ~ ~ M ~ O ~ CSC y r3 y ~ O ~ O d d~' Meridian Cify Council Meeting DATE: January 3, 2012 ITEM NUMBER: 6C PROJECT NUMBER: ITEM TITLE: Swear in City Council Member for Seat No. 3 - Charlie Rountree 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 oA~1'o~ o~~zC~ I, C~ A~.C~.e. ~Ou,~-c~iw~-, do soCemnCy swear (or affirm) tFiat I wiCC support ~tFie Constitution of the ZJnited States, and the Constitution of the State of Idaho, and that I wiCC faithfuCCy discharge the duties of C~ ~nr, r~, ~% -~ of the City of ~~e s t'G~c u.~. according to the best of my a6iCity. z~ f ~G ~ . ~-~_ Signed 1 Subscribed and sworn to before me this `~ day of ~- a,wc.~.a a o ~ a ary of ~E IIZ DIAr IORXO sEnl. J~ ~~fle ill[[S~g/ City CCerk o w w 0 0 U o q v c~ u .. :O w ~, o o C~ ~ ~•'' N d H ~ (~ G~ •~ O N , ~ ~ \ \ U v I r~, \ ` yi O ~ ~ ~n ~ \ A q C%1 ~ b d ~ 5 ~ ~ ~ ~ e~ ~ '~ p o . ~ .~ • d ' d ~ ~ W p °j' O y ~ i ~ ~ ~ U C7 V~ '~ w `~ ~ ~ w o ra g G e ~ r-i '!d Ld O ~ N O ( T„ ~ 4y jF...l~ ~. d p W ~ b v '" o ~ ° ~ a ° ~ o .. v ~ d H ~ « ~ a i q •~ q N q M ~ ~7 Y ~ ~ ~ ~ ~ ~ w o sa ~ ~' ~ ~ m :~ ~+ ~ d '~ o ~ ~' WO x ~ ~ ~ a U ~ ~7 , 5 s. 0 ~ ~ °~ ~ m y ~° o ~ ~ ~ v Meridian City Council Meeting DATE: January 3. 2012 ITEM NUMBER: 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 3, 2012 ITEM NUMBER: $A PROJECT NUMBER: ITEM TITLE: Clty COUnCII: Election of New City Council Officers ~~P~s~c~ ~Q~v.~ ~0 u~u-Ci 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 3, 2012 ITEM NUMBER: $B PROJECT NUMBER: ITEm TITLE: Police Department: Audatex Contract Approval for Code Enforcement for aNot-to-Exceed Amount of $1,836.00 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 ~ud~fl~x PxHI~iT ~; ARtCiN~ sc:~l~nu~~ ,ss~ oa~te:, Audatex North Amcrlcs, lnc, ~~434 AvenuQ of Sc(ancej Sulfa i~Q ivo. Sari Dlago, CA ~1~25 Client ~erfd~Pvllc,~ a ~~ a~ ~rnent SNR !a ~..,.., M..~.~r.wwrrrA 1/-I~.~w~MAlll 1111111 ~Iq 1 rl 1 ~ Address ~~o~ tr Nat©rtawer st City ~ ~ Mer#dian Sts#a lD 11 Z!p Code 8~1a~2.3513 _ item # ©esorlptla~ qty Unl1 Cost Monthly Fees lmpl4mt. Fees AEUI~"iBD ~udate~c ~stimatlttg {ADX~~ Essent(efs -bleb Sased 1 $205.Q4 ~~~3.0~ IMU~010 lmplernentatiQn i=e¢ ~S~ngfe Users ~~P4st Card Maiier~* ng ~x~lrps orb Never b~~,3at ~'ra~tior~al Prlcl ~ $59100 ~lisir~ed} _ ~o~~ Pay Irt ftrl!opt#on ~ Yoc~ w!i# be irtvolcad ~ 2~°l~ ~ ~2~~O,aQ • M~6°fo T~~~~~~V ~VIM~ 3. COR~~CYlQNS, Attdatex reserves the rl~ht to mane cvrreclions to this Pricing Sclladule Niue to errors Qr miscalcutaliens, ~+ ADOITioNA~. Tl~RMS A(~b COI+#pl~'IONS P~i~ Ti~IS PI~ICINQ,SCI~~DUt,E . A. Audatex shall have t1~a sole discretion to lmrnedlateiy dEsconllnc~e Client's t}se o! Sl~opllnlc provided chat: ~!} Client has comp~ate~ !#s rntgrailor~ to ACJ34~~ or ill} ~u~ptex receives ccnfiimiatlvn tram err applicable insurance carrier that !t no iongar requires Cller~t to run esti~3~a#es via Si~opll~lc. Sf Fits firtll(ai prices $et forth le Phis #~rlcing 3cl;saute w11i remain eltQClive lhro~tgh the first year at this Prlcittg 5chedula ~'Iterealter, prices may be adjusted lay A~dslsK upon sixty {60~ days ~tlar rrolfcel lrt addlllen, effecllva an lire first artrtlversary of the Prig{~g Sehed~le l=([active Date set fa~tt above acrd at ee~it enaivereary lit~r$aftarT prirras msy Eye a~#emallcal<y ic~cteased by ll~e percertlage increase 1rt the U,S/ Deper~martt of labor bureau ci t,staor Slatisgcs Cortaarnet Price Indox t'ar nil Urban Cuttsucrters, t1,S, City Average eii Iteets ~9$~l ~ 9~0 {lfte °~PIIU'~ d8tem1lrled by life p~rCBitlAg$ cliSrigB Of the CPI-U far ih8 previous t2 monl(~ period. C, 1'i}is Prlcln~ Sciteduis s#tali supersede acrd replace all previous pric(r:g schedules, Tice rertawal dale of Iha Agraetttertt sitali be changed t©lhe f:ifectlvs dale. C. Afl other Products riot ci#(c~ily l~tcluded above sltsll ~e charged at Audatex's lhen•currenl cafes, agreed la oy; ~ ~---~ ~ . ~~1~ ura Dale {I+lPrlrllan Police ~enartrnent . Psrnfed 1118r#t8 r ~ -, y SCi~4 ~~tii~ A; Pridng Sr~edule Vsislor~; tOli~ CQt~BdonoaS ~8ge ~ Of ~' Adt Client Address city U CI i°X I MASTER AGREEMENT °~°""""'P"" Audatex North America, Inc. 15030 Avenue of Science, Suite 100 No. San Diego, CA 92128 1401 E tfi Meridian State ID This Master Agreement ("Agreement") is entered into by and between Audatex North America, Inc. ("Audatex"} and the Client listed above. This Agreement is comprised of these terms and conditions and Exhibit A: Pricing Schedule ("Pricing Schedule") and supersedes and replaces all prior agreemen#s between Audatex (as successor-in-interest to ADP Claims Services Group, Inc.} and Client. AUDATEX SERVICE AND PRODUCTS, Audatex will furnish to Glient, and Cllent will purchase or license from Audatex, as applicable, the products and related services (collectively, the "Products") listed in the Pricing Schedule In accordance with the terms and conditions of this Agreement. 2. DEFINITIONS A. "Access" means the ability to connect to the Audatex Web site in order to access the Audatex Service, B. "Access Information" means the passwords and user IDs that allow Access to the Audatex Service and process Audatex transactions. C. "Audatex Confidential Information" means information disclosed by Audatex, including, without limitation, the terms and conditions of this Agreement, trade secrets, methodologies, supplier lists, customer lists, customer data, cost and price data, software, computer and telecommunications systems, records, technical processes and formulas, product designs, sales, unpublished financial information, product and business plans, usage rates, projections, marketing data and memoranda, papers, letters, e= mail, notes, plans, documentation, records and all copies thereof relating to the existing or planned husiness or technology of Audatex. D. "Audatex Service" means the Internet-based claims management system located at the URL http:Nwtvw.audatexsolutions.com (together with all related successor sites thereto, the "Audatex Website") that allows authorized users to Access and input data for an on-line software application that provides a communication link among participating entities in the automotive claims process. E. "Client End User" means those persons or entities that: (i) meet Audatex's end user criteria; (ii) are specifically authorized by Client to have Access to and use of the Input Data; (iii) are bound by a Client End User Agreement with Audatex; and (iv) Client is responsible for paying all fees incurced by such Client End User. F. "Glient Property" means non-vehicle related data that is inputted by Client andlor Client End User and submitted via the Products and which specifically identities an insured, a claimant, the Client, andlor a Client End User. G. "Documentation" means the applicable specifications, manuals, product data sheets, instructions or other documentation relating to the Audatex Service, whether in hardcopy or electronic form, that is furnished to Client and Client End User during the term of this Agreement. H, "Input Data" means data: (i} that is inputted by Client andlor Client End Users and submitted via the Products. I. "License" means the license granted in Section 3, paragraph A, J. "Software" means any systems programs, applications programs, databases and related information and documentation contained in the Products. K. "Trading Partners" means those persons or entities that: (i) have agread to provide or receive services through the Products for or on behalf of Client; (ii) are bound by similar terms and conditons with Audatex; and (iii) are authorized by Client to Access the Input Data, 3. GRANT OF LICENSE A. Subject to the continued payment of the fees due hereunder by Client to Audatex as provided in Section 6 of this Agreement, the terms and conditions of this Agreement and other applicable terms and conditions described on the Audatex Website, Audatex grants to Client a personal, non-exclusive, non-transferable limited license to Access and use the Products. B. The License is solely for Client's own internal use and benefit, and not for resale, transfer, sublicense, or use by or for the benefit of, any third party or enfity. Client shall use the Products only as specifically authorized by Audatex herein and shall not use, link or interface the Products with any equipment, software, data, network or communications system, in any manner or In connection with any function, not specifically authorized by Audatex. C. Client may not use the Products, directly or indirectly, for any purpose other than as expressly permitted under this Agreement and at the Audatex Website, D. Client will provide Audatex with information required by Audatex for Client's registration to allow Access to the Products. Client will provide true, accurate and complete information, Audatex will endeavor to verify Client's registration information and such verification may require contacting Client. Client will keep the registration information current and accurate. After verification and acceptance of Client's registration, Audatex will provide Client wtth the Access Information. Client shall be solely responsible for maintaining the confidentiality of the Access Information and for any use of the Access Information. Client shall notify Audatex immediately of any known or suspected unauthorized Access or disclosure of Client's account or Access Information. E. Client shall not use, transfer, distribute, interface, integrate, or dispose of any information or content data contained in the Products in any manner that could compete with Audatex's business. Client may not: (i) use the Products to provide services to tdt0oa Audatex Mastar Agraement - US Ver: 08111 CCNFIDENTtAt. Page 1 of 6 ®2007 - 2011 n~datex North America, Inc. third parties; (ii) obtain, or assist others in obtaining Access to the Products other than as permitted hereunder, or (ill) reproduce, republish or offer any part of the Products (or compilations based on any part of the Products) for sale or distribution in any form, over or through any medium whether in hard copy, electronically ar otherwise, including, without Limitation, wireless communications, via cable or broadband services, hyperlink, framing or in any other manner on the Internet, any public or private bulletin board system or other electronic network without the prior written consent of Audatex. 4. TERM OF AGREEMENT. This Agreement shall commence on the date the Products are first used by Client or the Effective Date set forth on the Pricing Schedule, whichever is earlier, and shall continue for the term stated on the Pricing Schedule {"Initial Term"). If a term is not stated on the Pricing Schedule, the term shall be deemed to be shirty six (36) months. Upon expiration of the initial Term, this Agreement shall automatically renew for consecutive renewal terms (each, a "Renewal Term") equal in length to the Initial Term unless ninety (90) days written notice of its intent not to renew is provided to the other party prior to the expiration of the Initial Term or any Renewal Term. Client's and Audatex's continuing obligations under this Agreement including, without limitation, those relating to the Products, the "Audatex Confidential Information, the Client Property, and those relating to limitation of liability under Paragraph 15 below, shall survive the termination of this Agreement. s. OWNERSHIP AND CONFIDENTIALITY A- Audatex and Audatex's licensors own all right, title and interest in and to the Products, including, but not limited to, all databases, computer programming, software and related information and Documenkation, as well as any technology used to create the Products. Other than the License granted to Client in this Agreement, Client shall have no ownership rights in and to tfie Products, or the technology used to create the Products. Audatex {or its licensors or third-party information and content providers} retains all rights, title and interest in and to all of the information, content, data, designs, materials and all copyrights, patent rights, trademark rights and other proprietary rights inherent therein or appurtenant thereto, provided by Audatex. AO rights not expressly granted hereunder by Audatex are expressly reserved to Audatex and its licensors and information and content providers, B. Client shall not, either directly or indirectly, through its consultants, contractors, representatives, affiliates, or authorized Client End Users, attempt to reverse engineer, copy, reproduce, recompile, decampile, disassemble, distribute, publish, resell, sublicense, modify, create derivative works from, or in any way exploit any portion or Component of any technology or software created by Audatex and used in connection with the Products, and all such information and code shall be deemed Audatex Confidential information. Modification of the content of the Products by Client shall be a material breach of this Agreement. C. Audatex Confidential Information shall be deemed confidential and proprietary to Audatex. D. Client shall reproduce Audatex's name on any copies of reports, estimates and forms, irrespective of the form of such copy, as Client may lawfully reproduce for its own use. E. Audatex will treat Client Property as confidential, except as specifically provided in this Agreement. Notwithstanding the above, Client shall allow Audatex to use Client Property in the compilation of statistics, which statistics shall be the property of Audatex, Audatex shall have the sole right to use, modify, sell and distribute such statistics. Audatex reserves the right and is hereby authorized by Client, to use and distribute all data inputted by Client into, or derived from, the Products that does not constitute Client Property, F. Audatex and Client will take appropriate steps to notify iheir employees and consultants, wikh a need to know and not competitors of Audatex, who are permitted Access to Client Property or the Audatex Confidential Information, as the case may be, of their confidentiality obligations with respect thereto. Audatex and Client will instruct such persons to keep Client Property and Audatex Confidential Information, as the case may be, confidential by using the same care and discretion that such party uses with respect to its own trade secrets and proprietary data and information. Notwithstanding the foregoing, Audatex may disclose and provide access to Client Property andlor other Client information as required or compelled by deposition, interrogatory, request for documents, subpoena, civil investigative demand or similar process by court order of a court of competent jurisdiction, or in order to comply with applicable requirements of any government department or agency or other regulatory authority. G. Audatex shall not be liable, either in contract or in tort, far the unauthorized Access to, alteration, theft or destruction of Client Property through accident or by fraudulent means or devices, even if such Access occurs as a result of Audatex's own negligence or with the use of the Products. H. As requested by Audatex during the term of this Agreement, or upon expiration or any termination of this Agreement, Client shall return or destroy, as Audatex directs, all material (including all copies) in any medium that contains, refers to, or relates to the Audatex Confidential Information. 6. PRICING A. The prices for the Products are specified in the Pricing Schedule for Client, The initial prices shall remain effective through the first year of this Agreement. Thereafter, prices may be adjusted by Audatex upon sixty (60) days prior notice. In addition, effective on the first anniversary of this Agreement and at each anniversary thereafter, prices may be automatically increased by the percentage increase in the U,S. Department of Labor Bureau of Labor Statistics Consumer Price Index for all Urban Consumers, U.S. City Average all items 1984 = 900 (the "CPI-U") determined by the percentage change of the CPI-U for the previous 12 month period. 8. Client shall, in addition to the other amounts payable under this Agreement, pay all sales and other taxes, federal, state, or otherwise, however designated, which are levied or imposed by reason of the transactions contemplated by this Agreement, except taxes related to the income of Audatex or the employees of Audatex. C. Invoices are due within thirty {30) days after the date of an invoice. if Client fails to pay any amounts due under this Agreement, Client shall, upon demand, pay interest at the rate of 1-1 J2% per month {but in no event more than the highest interest rate allowable by law) on such delinquent amounts from the due date until the date of payment. If Audatex's financial institution M10Ua Audatex Master Agreement - US Ver: 08!11 CONFlOENTL4L Paga 2 of 5 ®2007 -2011 Avdabx Nmh America, Ine, returns Client's payment check to Audatex because of insufficient funds, then Audatex will charge a fifty dollar ($50) bad check fee to Client. 7. AVAILABILITY AND USE OF THE PRODUCTS A. Audatex will make reasonable commercial efforts to support and make available the Products in accordance with Audatex's then prevailing Service Level Schedule. Audatex training and support services are provided at Audatex's then prevailing rates. B. In order to improve the quality of the Products, Audatex reserves the right to update and modify operation of the Products, including but not limited to changes in: (i) the rules of operation; (ii) accessibility periods; (iii) identification procedures; (iv) type of equipment, type of system, and service equipment required; (v) the timing of scheduled maintenance; and {vi) the registration information and Access Information procedures. During maintenance or updating, the Products may be unavailable. C. Audatex may make updates to the Products, the frequency of which will be determined solely by Audatex. D. Audatex reserves the right io discontinue providing any Product upon sixty (60) days prior written notice to Client; provided, however, Audatex will replace any such Product with a product functionally similar to the Product being replaced, at no additional cost to Client, for the remainder of the term of this Agreement. E. Audatex's support services will not include any assistance relating to interruptions, delays, disconnections or other errors involving Client's telecommunications or cable line provider or Client's connection to the Internet, F. Client will use the Products in accordance with such reasonable rules as may be established by Audatex from time to time as set forth in any documentation furnished to Client by Audatex or set forth on the Audatex Website. G. Client shall be solely responsible far all log-on or other charges associated with the abiliky to use the Products. H. Client assumes exclusive responsiblliry for: (i) the consequences of any instructions Client gives; (ii) Client's failure to properly Access or use the Products; and (iii) Client's failure to supply accurate Client Property and Input Data. I. Client shall be entitled to use and disclose information extracted from a Product solely for the following purposes: (a) to use extracted information in a management system for internal use only; andlor (bj to transmit the extracted information to a third party as permitted in the normal course of estimate valuation. 8. COMMUNICATIONS LINES A. Client shall order the installation of appropriate communications lines and equipment to enable Client to Access and use the Products. Giient shall pay all charges relating to the installation and use of communications lines and equipment in connection with the Products, B. Audatex shall not be responsible for the reliability and continued availability of the communications lines and equipment used by Client in Accessing and using the Products. C. Client shall be responsible for ail charges relating to long distance, message units, cellular and 800# use for accessing the network connecting to Audatex's host computer ar server. 9. FILE SECURITY; RETURN OF INPUT DATA A. Audatex reserves the right to issue and change procedures from time to time to improve file security. B. Audatex will take reasonable precautions to prevent the foss or alteration to the Input Data, but Audatex cannot guarantee against any such loss or alteration. Accordingly, Client will maintain a procedure external to the Products for reconstruction 4f lost or altered Input Data to the extent deemed necessary by Client. In connection with the foregoing, it is understood that Client shall maintain appropriate back-up information and shall assume and be responsible for risk of loss and/or damage to documents and records. C. After termination of this Agreement, Audatex will dispose of all Input Data in any manner deemed appropriate by Audatex unless Client, prior to such termination, furnishes to Audatex written instructions for the disposition of such Input Data at Client's expense. At Client's request and provided that Audatex has been paid for alt Products provided through the date of termination, Audatex will provide Client, in a standard Audatex forrnat and at Audatex's then standard rates for such format, any and ail Input Data then in Audatex's possession. D. Input Data will be available to Client via the Internet for a period of time as specified in the Product specifications ar the Pricing Schedule. Input Data can be retained for an extended period of one (1) year at additional cost to Client. At the end of the one (1) year retention period or upon termination of this Agreement by either party, whichever is earlier, Audatex vrill make the Input Data then in Audatex's possession available to Client in a standard Audatex format and at Audatex's standard rates for such format. '10. SOFTWARE A. To the extent that the Products contain any Software, Client is a licensee andlor sub-licensee of Audatex of such Software. Client accepts such licenses andlor sublicenses, as the case may be, from Audatex for the Software upon the terms and conditions set forth in this Agreement. B. The licenses andlor sublicenses for the Software granted by Audatex to Client hereunder convey personal, non-exclusive, non- transferable rights to Client to use the Software for the limited purposes set forth herein. C. Client to download certain software components from the Audatex Website in orderfor Client to use the Products. D. Audatex is not responsible for any bugs, viruses or errors in the downloaded software which result from Client's telecommunication or cable line provider, Client's connection to the Internet or connecting Client networks, or Client software. E. Client will abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the downloaded software andlor in the Audatex Website and Client will retain all copyright and other proprietary notices on any forms downloaded from the Audatex Website. F. Client further agrees to any and aft additional terrns and conditions that are set forth on the Audatex website with respect to the Audatex Service. A110oe Audatex Master AOreament - US Ver: 08!11 CONFIDENTIAL Page 3 of 5 O200t - 2011 Audatex North America, Inc. 11. RETURN OF PRODUCTS. Upon termination of this Agreement for any reason, Client shall immediately cease to use the Products and shall return to Audatex any and all copies of the Products, Documentation, and Audatex Confidential Information (including, without limitation, worksheets, documentation, computer program media and CDs) relating to the Products which are in its possession or in the possession of its employees, agents or Client End Users. Client is responsible for packing the Products, Audatex Confidential Information and Documentation in accordance with Audatex's instructions, and paying all associated freight, insurance, shipping and packing materials charges for its return to Audatex. 12. AUTHORIZATION. Client hereby authorizes Audatex io allow authorized Client End Users and Trading Partners to Access the Input Data. 13. WARRANTY A. Audatex warrants that the Products will substantially conform to their design specifications as represented in the applicable documentation under normal use and circumstances, This warranty shall net extend to any items which have been altered, changed or modified in any way without Audatex's prior written consent in each instance. Audatex does not warrant that the Products will meet Client's requirements or that operation of the Products will be uninterrupted, error-free or consistently at optimal speed. B, AUDATEX WILL NOT BE LIABLE TO LICENSEE FOR OR DUE TO UNFORSEEABLE AND REASONABLY UNPREVENTABLE: INTERRUPTIONS OR DEGRADATIONS OF SERVICES, LACK OF WTERNET CAPACITY, DEFICIENCIES OR INSTABILITY OF INTERNET SYSTEMS AND SERVICES PROVIDERS, OR INTERCEPTION OF DATA THROUGH THE INTERNET BY THIRD PARTIES. C. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, THERE ARE NO EXPRESS OR IMPLIED OR STATUTORY WARRANTIES RELATING TO THE PRODUCTS, AUDATEX WEBSITE OR DATABASES COVERED BY THIS AGREEMENT, INCLUDING, BUT NOT LIMITED 70, ANY WARRANTY AS TO THE QUALITY, ACCURACY OR SUITABILITY OF THE INFORMATION CONTAINED IN THE DATABASES, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AUDATEX AND ITS LICENSORS DO NOT WARRANT THE ACCURACY OF PRICES, STANDARDS OR OTHER DATA CONTAINED IN THE DATABASES. D. AUDATEX DOES NOT GUARANTEE THE SEQUENCE, ACCURACY, COMPLETENESS OR TIMELINESS OF THE PRODUCTS. AUDATEX HAS THE RIGHT TO CHANGE THE CONTENT OR TECHNICAL SPECIFICATIONS OF ANY ASPECT OF THE AUDATEX WEBSITE OR THE PRODUCTS AT ANY TIME AT AUDATEX'S SOLE DISCRETION. 14. LAWS AND GOVERNMENTAL REGULATIONS A. Client is responsible for: (i) compliance with ail laws and governmental regulations affecting Client's business and {ii} any use Client may make of the Products to assist Client in complying w(th such laws and governmental regulations. Audatex and its suppliers have no responsibility relating thereto {including, without limitation, advising Client of Client's responsibility in complying with any laws or governmental regulations affecting Client's business). In no event shall Client rely solely on Client's use of the Products in complying with any laws and governmental regulations. B. {f, in Audatex's sole judgment, providing the Products to Client hereunder violates, or is likely to violate, any laws or governmental regulations, Audatex may, upon written notice to Client, immediately cease providing the Products to Client and immediately terminate this Agreement, 15. LIMITATION OF LIABtLtTY A. Audatex's sole liability to Client or any third party for claims, notwithstanding the form of such claims {e.g. contract, negligence or otherwise), arising out of: (i) the unavailability of the Products; (ii) the iniercuption in or delay of the Products; or (iii) errors or omissions In the Products provided or to be provided by Audatex hereunder shall be to use commercially reasonable efforts to make the Products available as soon as reasonably practicable. 8. Audatex shall not have any liability under this Agreement for any money damages resulting from claims made by Client or any third party for any and all causes covered by Paragraph 15(A) above. Audatex's sole liability under this Agreement for money damages resulting from claims made by Client or any third party arising from or related to any and all causes not covered by Paragraph 15(A) above shall be limited to the lesser of: (i) the amount of actual damages incurred by Client; or (ii) an amount which will not exceed one month's average total monthly charges paid by Client for the particular service as to which Client's claim relates during the twelve (12) months preceding the month in which the damage or injury is alleged to have occurred, or such lesser number of months if Client has not received twelve (12} months Access and use of the Products, Such damages shalt be the full extant of Audatex's monetary liability under this Agreement regardless of the form in which any such legal or equitable claim or action may be asserted against Audatex and shall constitute Client's sole monetary remedy. C. Audatex shall not be liable or deemed to be in default for any delay or failure to perform under this Agreement resulting directly or indirectly from any cause beyond Audatex's reasonable control. D, IN NO EVENT WILL AUDATEX BE RESPONSIBLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHICH CLIENT MAY INCUR OR EXPERIENCE ON ACCOUNT OF ENTERING INTO OR RELYING ON THIS AGREEMENT, EVEN IF AUDATEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, 16. INDEMNIFICATION, Audatex is the owner or authorized licensor of the Products and all Audatex-developed components of the Products do not infringe or violate any U.S. patent, copyright or trade secret. Audatex shall defend and hold harmless Client against all damages and costs which maybe finally assessed in any claim such components infringe any U.S, patent, copyright or trade secret, provided that Client shall give prompt written notice to Audatex of any such claim, shall cooperate fully with Audatex, and that Audatex shall take over, settle, or defend such claim under Audatex's sole direction and at Audatex's expense. If the Products are found to constitute an infringement and the use of the Products Is enjoined, Audatex, at its option and expense shall Mt00a Audatex Master Agreemont • US Ver: 00/11 OONfIDENTiAL Page 4 of 5 ®2007.20T1 Atdalex North lvnerica, Inc. ellher: ~} rep(ac8 or modify rite Products with a rtort~Irtirinc~ing prvdttct; Ali} produce xar ttte Cllertt rite right to con~lnua #o use the Audatex Ssrvtce of Products; or tII(~ grant the CIIer}t rite opllon to terminate this Agreemenl#, Wiif~ respec# #a Saftvtare not developed by Audatex, to #ite extent permitted under AudatQx~s agranmsrtls w(th (fcailsors of the rtart•Audatex developed Saft~rrara, Audatex w(il pass on to Client rite nor;-Audatex developed SaRware 1iserasars' proprfe(aty rlc~ltts IrtfrlrtgQrnent Indemtt{ffca~or~ nbllga#ions; prodded, however that ttort•Audatex developed Soltwara I{eottsors shall be fully responsible t~ar the payment of arty award under the !arms of theft agreements wit#~ Audatex and that Audatex sl}all r;ivt have arty respor~s{b(lity relatlrtg thereto, the foregolttg remedies site!! not rye available to Client it art ai{aged lrtfrtngentettt results from, ar 1s based upon, the u$o of the Products to combinallon with any other services 4r products not Ifcensed by Atrdalex to Cllent~ 17. Dt:FAtlt,T t3Y CL1t;IVT; R~1Vi~Qi~s uPO~ p~f+AU~T. should GI{set: tai default Itt the payme~tt of any sum of money due hereunder; tb~ default Itt t(te pedorrnartce of any aihQr of its obilgatlorts under th{s Agreement; ar ta} cvmm{tart act of bankruptcy ar became the subject al' arty praceeding utt~ier the Sanltruptcy Act ar became insolvent, or If any subslanHai part Qf CI(ent's property beeornes subject to any levy, seizure, assignment, app!{cotton Qr sale far ac by any creditor or gdverrtmental ggency, gter}, {n any such even!, Audatex, al (ts option, may, ~rpott wrllten nottee !hereof; (I} terminate this Agreement; tll~~ declare a(I arnounta due and to become duo hereunder Immediate{y due and payable; filly demand that Client rand Client ti~I{!} tett~rn any t?r all portions o! !#te Pratfucts the Audatex Con~detttlat Infprrnalton, and any Access laformagor} rasid~nt to Client`s computer memory wEth a r-erti~oat+a to that effect (ssttod by an officer vi Client; {Iv} demand tftat Client lmmedlatety cease Access to and use of gte Products aria AttdateK Webslte; artdlar tV~ terrttlnate ail of Client's tlgltts relating !o the Products, 'The remedies conta(ned in this Paragraph i7 ere ctrmc~iaitve and Irt addition to all other rlghta and remedies avaltat}tg to Audatex under this Agireemartt, by operation of law or 4therur(se, ~e. v~NtRAt. . A. r;llent has not bean Induced to eater Into lhla Agreement by arty repr~settlatlort arwarranty not sod {orth in t171s Agreement. This Agreement tinciuding other app{Icable terms and condlttotts described At lhs Audatex ~tebslta~ contalas the anilra Agreement of ilia part(es with respect tv Its subject matter artd supersedes s>I existing agreements and al{ other ore{, ~ ~Vn'ften or outer ' communications between them Cor~c~rttirtg {#s subject molter. fiIs Agreement shall not be mod(fled In any way except by a writing signed by bath par#les. ~, Thts Agreemsrtt may not be assigned by Cllertt, Irt whole or In .part, without !l~t3 prior Vrritten consent of Audatex, Atrdrtte~c $hatl have tits rlgitt, ~Vlltrout nat(ce to ar ~r~sertt of C!#ent, to assign, #rartsfer, pledge a otherwise dispose of this Agreement to errs or Wrote assignees. ~aclt assignee shall have all of the rights but Wane of the ola(Iga#tor~s of Audatex under tl~Is Agreement, ~In the event of any such assignment by Audatex tftt~ right of tits assignee tv receive payments end other an'toants payable hereunder as W8(l es any 4tlter rlgltt of the asslgttee site!! trot be subject to any delet~se, get-elf ar caut~terc#alm which Client may have agatr~st Audatctx or any ogler pally, Ott receipt oil nv~llcatlo-t of such assignment, CI{ant shag comply with the written dirac~ons yr demands vt suc3t asslflnee and shall make ail payments due hereunder a$ such assiyitee may dlrt;rct {n trtrlting. This Agreetttertt Is blrldirtg upon and shall {Wore to the ~enelit al' Audatex and Client artd !!felt" respective successors at-d permitted assigns. ~. A breach of any provlslort of Paragraphs 3, 5 andlar S of #his A$reem$ttt Vdll cause Audatex Irreparable injury artd dantafle artd therefore maybe ertjolrted through lnjunclltle proceerlirtgs In addlllon to arty ocher rights or remedies which may ba ovallabie to Atldal$X 8t faYl or Irt 8glr(ty, R. If ally provislar~ of .the Agrearnent ter par!(on thereof} Es ht3id tv be IrtValld,l((egai yr t~nenforcdaoie, lire validity, legality at antorceab~lty of the remainder oi' ih{s Agreement shall eat in airy way ae afif 8cted or Impaired thereby. ~. The headlrtgs In tlals Agreement are Intended for convenience of reference and shall not nflecf Its (nlerpretat(on. P, The Indlvldutt{s entering Info gt{s Agreement oft behalf of Audatex ancf Cllsnt do each hereby represent artd ~tlarrant that they are duly etathorized by all necessary action to en#er Itrto ptls Agreement on beltaif of thQlr respaellva principals. G. All notices shall be In wrlt(rtg and sltai{ be fonVarded by registered or certl~ed mail and sent lv Audatex and Client at the addrsss$s set forth on Ilse tint page of this Agreemtrtt ar to arty other address deslgitaleci in ~trritlrtg Iterealtar. Any nattce to Atsdatsx site!! be sent Attenllon; President, and shall include a copy to rite t,~ega(Cepartment, Attenilvb; General Counsel. H, ~ltis Agreement site!! be gaverrtod by, artd constr~red In accardattes rr~lf}, tltQ Ia~VS of the State of callforrt{a, other then that state's cholca•of-ia~~t rules. Ali disputes and rrtattars tyhetsoever arising tinder, in conrtectlort ix#th or Incident tt3 this Agreement shalt ba Iltlgated, If at alt, In attt$ before t(~e superior Court of California for San U(sgo Courtly, Merldi n Pollc~ ~ ar~rnsnf Auda#e o h Ar~torlca, Inc, oy: ay; (~r~t~rv1 -,,,,,,, ~ ~ naUre i~smerTitl©: '~ F ~ ~~~ t Cttte(of Pottcs ~lsmenitte; ~~ r1 r~ . ~f ~~ . ~'f ~~ 1~'~.~tf'"1~`~.~' ~... ~`' ~+tirt4t typar? ~prtnt ort~F4 At1i~A'r~x Rt;St+1~1lr+S TNT RtcHr T~ RaVQltt± I'r9 ACtitsPTAttic~ Ol+ 7HIS Ao~~~M~t~t~ DUt: ~o t=RR4R5 dR MlSCAl,CUt.ATIONS MADE oN T~tE Pt~lClN~ SGN~~t3t,t:. e~o~taaas:ax r'odh~,r,-da tn~ ~lcoda AudataxM~ster Agregrn4nt. ~S Ya: 0~l1 CO1iftC+1~~i~! PiQa 3ofS b221+47 • ~tf AU~ri~~tNortbAmttka,Jr,o. ..-- i+ Aud~it~l~ 7t~1 ! f ring end Ant®®urc 5 ~ ~ alerAr:ampany,!~t DVD-based System Requirements These requlremenfs Standalone MuItI-User Server Multi-User Workstatlpns outilne the hardware and sptlvrare necessary to CPL3 1.4 GHz or faster 1,4 GHz or faster 2.4 GHz or faster operate Audatex Estimating and Autosource Recommended: 2.0 GHz Rccommended; 2,0 GHz Recoromeaded: 2.0 GHz In a bVD based, standalone pr network i RAM 2GB or hi her recommended 2GB or hi her recommended 2G13 or hi her recommended S S B env ronment. Hard Drive 40 GB w/ 10 GH free 40 GB w/ 10 GB &ce AD GB w! 10 GB tics trnaging requires a drive Note: ActiveX controls are tdenrified as C: regwired for.tbe application to funpt(on properly, Your system must be setup to DVD RQM SX or taster Same Same accept and run ahem. See Operating System Windows XP Professional (SP2 or 3) Tcn orfewer users: WindawsXPProfessional(SP2 or3) iheAudatexEstimating DVD MstaAallon Guide for 1~ndowa2003Strverarenot Windows XP Professional SP2or3 Windows XP Home (SP2 or 3) ( ) Windows Vista (al! versions) more details. supported for standalone or Any ntunber ofusera; vrorkstadon installs. Windows Vista (all versions) Windows 7 Enterprise (32-bit) Windows 20005crveror2003Sarver Windows 7 Enterprise (32-bit) Windows Small Business Server • Sound card, sppeeakers and 2003 R2 Standard t Macromedia FIaShTM are Windows Vista (excaptHome 13asic) f@quired for Computer- Based and Web-based Windows 7 Enterprise (32-biQ Training, Browser Microsoft®IntemetExglorerversion6,0 Same Same SestheDYDtnstnlletioupuidefur (SP2}, 7,0, 8.0 ar 9.0 rated ry rtniop~. Exceedin s stem g y requirements Will enhance Monitor Colormnnitorwith [024x768resolution Same Same your computing experience. Video Card ACPorPCIECardwith256MB, l6-bit .Same Samc Ligh color orhigher Audatex re-evaluates hardware and software Speakers (optlona0 PC & Windows~•compatible speakers Same Samc requirements periodk:ally. For gtieslions regarding t l Sound Card (opuanat) PC&Windows®-com etbleaoundcard Sama Same P sys em regU remants please call 866-420-2048. ?tinter PC & Wiadows~ID•compatible printer Same gamo Nenvad: printers must>tse arty MicrwoftW indowsnttwotkprintcr Audatex and Aulosource drivers. are re Istered trademarks of Audatex North America, Scanner (optionaq TWAIN-compliant digital aeonner Same Samc Inc. Audatex Estimating Is a trademarlt of Audatex Internet Internet Service Provider {ISP with Snroe Sama } North America, Inc. Brondbandlnlernetconaecltonnt128Kb Mierosofi and Windows are or higher, orawircless broadband card registered trademarks of MlcrosoftCOrporatlonin the United States and Dlal-up Windows-compatiblanodem,minimum other counirles, StilCwireless connection Intel, Penllum, Adobe Reader and Flash are Software Adobe®Reader~vetsion7,0orhigher Samc Samc trademarks or registered MacromediaPlashT"Ncrsion8.0orhtgher trademarks of their respective companies, Networking Adaptors Windows-compatible Samc Same and Cabling !0/100BaseT PCI Interface Adapter, Proxy Servers nfd PtOZ}! Clttuts 10/200BaseT Hub or Switch or The infprmation contained roayregairuefientptovidcdomitt DSI./Cable Router Usin Cate a 5 6 g ry i herein constltvtes Prppriefaryanacpnfidanaal f tt d f A Ii Cen ilCdTCCillictnmv})entYOrking wnhAudmtaClienl3ervices nehvorkingenble n prma u on o atex. must not be coppied, fi. u°us d r os~3 users: Audatex Est(ma9ng should not be yslatl~d to the defaullwebsllo. Crea te a website in IIS ~ Iled Audatex, u ring an l t transmltled ordistrihuted In p u t. Mtcrosarl ISA Interne! Securit and A e ) an p s w l b e o ~ be odurNe wr t~miMa st ~ any farm or by any means, cceler Uat d ather roxy. atUngs i t na ed lo c nfigured b k o h tr Y y r el@cironic, mechanical or Setup other, InClud(ng pphotoGGpy © Non-ISP Slandalona cilenls can install an Audatex networkdlalsr during eppllcallon inslallaUon; however, a broadband ISP }s recommehded Of raCOrding, WI1hoUt the expr@ss written permission . d The server name must not include the underscore character (_ ). © Wi d di C OF Audatex ows Me a n enter, Novell Servers, ISA, and Automatic Proxy Conflguragon scripts are not auppoded. , Q( Miorosoft Intornel Information Services (IIS) must be Installed on art mulU.user servers, © Users should add the fdlaving URIe to their Internal Explorer Trusted sites zone. Start Internet Exptarer antl cgdt Toots ~ tntemat Options, CI~k the Security lab end then dick the Tnrsfed sites' icon. Click the Silas button that appears, Add [he following sites to the Trussed web atlas zone: Audatex htipa7/vnwv.audatax.com; hltps:/f .audetex,us; hitpsa/'.audalexsolutlans,com; hltpJ/dovmload.adpdaims.com; 15030 Avenue Of SdenCe hftpsJhwnv.prod,dlsconnectsd.adpGatms.com Su(te 100 © Ports 80 end 4d3 must be open when addressing firewafts. San Diego, CA 92128 ~ Windows XP Pro and Vista users will rxeaslanallysee the "InfonnaUon Bar" alert massage while salting up and using AudalexEstimagng and (t3B6} 420-20413 Autosource, Whenever the Information Bar appears, soiect the Always... solugon. For exempts, Always altar PotrUps from Ihis site or Afways ' ' www.audaleX-corn install software from Audatex. [~ Par comptelo setup slaps, please refer to the Audatex EsOmaling DVD fnslallatlan Gu[de, Release 6,0,6 System Requirements ~ zotl Audatex Nodt, America, ino, .~n~ ~'ia ~ ~~c:~rC' ___ X udat ~ Stim~ing end ut®s~urc Web-based System Requirements These requirements outline the hardware and software necessary to operate Audatex Estimating and Autosource fn a web based, standalone environment. Nato: ActiveX controls are required for the app8cation to function properly. Your system must be setup to accept and run them. See the Audatex Estimating DVD insfallaflon Guide far more details. Sound card, speakers, CD or DVD•ROM, and Macramedfa FlashTM are requ(rad far Compputer- Based and Web•based Training. Exceeding system requirements will enhance your computing experience. Audatex re•avaluates hardware and software requirements periodically, For questions regarding system requirements please call 868-420.2048. Audatex and Autosource are registered trademarks of Audatex North America, Inc. Audatex Estimating is a trademark of Audatex North America, Inc. Microsoft and Windows are registered trademarks of Microsoft Corporai'lon in the United Stales and other countries. Intel, Pentium, Adobe Reader and Flesh are trademarks or registered tradamarits of their respective companies. The Informa8on contained herein cons8tutes roprfelary and confidential Pnfarmatlon of Audatex. It must not be coped, transmitted or distributed in any form or by any means, elactronlc, mechanical or other, including pphotocopy or. recording, wltttout the express written permission o(Audatex. Audatex 15030 Avenue of Science Suite 100 San biego, CA 82128 {868) 420.2048 wunu a,rrraiav nn,r CPU 1,4 GHz or faster Recommended; 2.0 GHz • RAM 2GB or higher recommended Hard Orive 40 GB w/ 14 G$ free hnag{ng requhcs a drive identified as C; Operating System Windows XP Professional (SP2 or 3) Windows XP Home (SP2 or 3) Windows Vista(all versions) Windows 7 Enterprise (32-bit) I3rawser Microsoft®InternetExplorerversion6.0 SealheDYDlnrrallettonGuidefor ($P2), ?.D, 8.0 or 9.0 eecudrystttings. Monitor Colarmanftorwith102gx768reso{ution Vidoo Card AGPorPCIECardwith25fiAdR_tF-hirhioh color or higher Speakers PC & Windows~t_compa6hle speakers (optiona0 Sound Card PC&Windows®-compatiblesoundcard (opdonel) Printer PC & Windows~t-compatible printer Network yrinters mast use Daly hlicraseflwiadawsmlworl;sdnttr drivers Scanner (optional) T'~VAQ~1-compliant digital scanner Internet Internet Service Provider (]3P) with BroadbandIn terns tconoectiorwt128Kbor higher, or a wireless broadband card Software AdobeReader®version 7.0 or higher bfacromediaFlashT~tversi on B.0orhigiter Setup Notes ~ Users should add the following URLs to their internal Explorer Trusted sites zone. Stan internal @xploror and dick Tools > Internal Options. CIIck the Security tab and than cUdt the Trusted styes' kon. Click the Sltas button Ihat appears. Add the iolbwing aftes to Ute Trusted web skes zone: hilpsdAwnv.audalex,cam; httpsap.audatax.us; httpsyM.audatexadutlons.com; hnp:/ldownload,adpdaims.com; h ttps9lvnwr.prod.d Is connected,adpdal ms,com (~ Pons 8o and 443 must be open when addressing flrewaits. O Windows xP Pro end Vesta users w11 occasionally see tits "Informa8on Bar alert message whllo setting up and using Audatex Estimating and Autosource. Whenever the Informailon Bar appears, select the Nways... solulbn. For exempla, Always a6ow Pop-Ups from this site or Always Install software from "Audatex.' ~ Windows Medea Center Is not supported for Wab•based users, ® 2011 Audatex North America, Inc. _-r~- Audit x stirr~afin and utosource 3D Graphics Notice 3D Is not compatible with the following graphics Garda and drivers: . 4y _ - N.1~, i'a{. iGYaphics Board ~~~i ,~ / c~T ~uY:`.(- $ra cs~~oa ~ ~~ rit,~ , 'i('..~ 1 ~SySrt ~. {~-~ tsr~p~ics , ~lei~i`oit ~ _ l _ ~ „c ~ s is ~; ~ , ~ f~~ briverC~ersloh ~i ~,> _ - t , ,, ,3~- v,~. s+,:i ~ ,~~s4,;~~;.;~`:~: ~~'r3v4rUaCe~ ~'~`~A&'~ ~rs,~~ ' , , `tt .. S»,4 sl.~~ i x~"y'1 ~; i `L'\i,i5: :~~ "w:, ..'1'~f. , i~faJ110~ ~T 1~ "`.. ,`~. ~~ ~ 'ic~:~~.f:4..J _ i ~ ~ .s7t18f Tt t i 'Z. i(S ' ~~b .{u ~yY 3-, ~` r . y 3 {I~~1y5:} ~'Y~~"i~l ( . 7. .s.., .. ~ "`>t. k.k ~' y ~ ~. 1us if ~,~ w= `~'~ j..;~yt~t~.~ F-Ta. °'~`:~~u~~f{ ~{~t F~ ~i ~.°-n, ,:S tc.:a 4s'_:~;{y.. h ~ , _m- ~ 1[t ~"j~y~ 5 2 d _ fi`y"~'~j s~+ 3 ~ ~: tFrs~ 1~y~~KS-n t,.~thf~~~f;.i~>z r.t t~'c Y-T~ 3~ .~11~: P.r .b.i. i s~1,6jy xo!~?ti.1a:`~_~'J/i NVIDIAGeForeeFX5200 128.0 MB No 6.14.0001.4354 4rx4f2003 17:58:00, 3119466 bytes Intel(lt) 8294SG Express 224.0 41B Yes 6,14.0010.4396 9/20/2005 06:52.38, 36990 bytes t;hipset Famlly Intel(R) 62845G Graphics 64 yi8 No 6.14,0010.4342 10/] 9/2005 09:59. I2, 38016 bytes Controller Iatel(R} g2865GGraplues 96.0 ~[A Yes 6.14.Q010.4396 9/2012005 10;52.3$, 36990 bytes Conholler Release 6.0.6 System Requirements ©2011 Audatex North America, Inc. TEST Eric Skrolberg Page 1 of 2 From: KWATTSQmeridiancity.org Sent; Thursday, December 15, 2011 6:52 AM To: Stacy Kilchenmann; Keith Watts; Kathy Wanner; Eric Strolherg Gc: Eric Strolberg; Emily Kane Subject: Case # 23373 HAS BEEN UPDATED BY KWATTS :AUDATEX AGREEMENT „- ' 'y + } -~.~ Name: ERIC STROLBERG Compute r ~ ~ ~y'5 ~~" `-''' ` Telephone: 868-6678 IP Addre CASE Man&gelnetlt Location: CITYHALL Departm Title: AUDATEX AGREEMENT Ticket SD: 23373 Priority: 4 LOW PRIORITY Category:PURCHA51NG UNDER $25,000 Dept: police Status: AENpING CL Queue Location: PU Tech: KEITH WATTS 1. Meridian Police Deoartr~i,~,k Pricing Schedule Pav In fuH.odf: Added on 12/1/2011 12:16:22 PM by ESTROt 2. M ridlan Police Deoartment-Mater Agrrgmen[ odf: Added on 12/1/2011 12:16:22 PM by ESTROLBERG 3. Svs~m~aufrements 3 Paae w INi~ geouirement ~-~-;<Qll.odf: Added on 12/1/2011 12:16:22 PM by E 4. Auto Debit form,odf: Added on 12/1/2011 12:16:22 PM by ESTROL6ERG [Note: Created on 12/15/2011 8:50:39 AM by KWATTS] Eric, sorry for the delay. If since Legal and ZT are good with it I will ble have the Mayor sign this as well. Please check with the Chief to see what he (Note; Created on 12/1/2011 12:16:22 PM by ESTROLBERG] Keith, Please review the attached Audatex agreement. This is a web based prc use to value abandoned vehicles. I have attached the comments below from IT reviewed the agreement. Hi, Dean and Eric. I have reviewed this contract. I think it is OK for the C: enter into this agreement, even though it contains a number of provisions the avoid or renegotiate, such as: - Section 9 obligates us to a 3-year agreement term, which should typically 1 accompanied by a nonappropriation clause - Section 6(A) has a strange adjustable rato provision (the cost of this product is tied to the consumer price index?} - Section 15(&} specifically states that Audatex is not liable beyond actual damages; no similar provision for City - Section 16 requires City to indemnify Audatex; we don?t indemnify anyone per our insurance coverage limits and also no simi; - Section 18 (B} allows Audatex to assign their payments from City to someone else withc -- Section 18(H) invokes the jurisdiction of San Diego County, California - The Service Level Schedule (section 7(A)) is not attached. This wculd probably be more of an IT concern as far as support, you probably want to ask Audatex for a copy of that before signing, Note that (which cost is not specified in the agreement). The Pricing Schedule was also not attached to this agreement; definitely do not sign without running that by me and/or Keith Watts first. t Eric is that the cost is about $1800 per year. The relatively low cost of the that might otherwise be incurred by the less favorable provisions in the agrt than that, the balance may change. In sum, my understanding is that this is a boilerplate agreement that is offered on a take-it-or-leave-it basis. Given the low cost and low risk overe want to (or want me to) attempt to negotiate better terms, I Can do that, ju: should be alright to proceed under this agreement, My recommendation is that the Mayor sign it, since we are accepting obligations and liabilities. Audatex would probably have to sign it Since this will present another delay, I will leave it to you all to decide ~ respect. That?s my 2 cents. Let me know if you would like to further discuss. Thanks, Emily Dean, 12/22/2011 TEST Page 2 of 2 I spoke with Anthony Swopes regarding this software and we axe supportive of this web-based solution. None of the data will be stored at the City, and ZT wiil only need to install an ActiveX Control. Lot me know if I can help at all, otherwise, feel free to open a new case when you are ready to order so that we can install that Active X control and ensure that it's working properly. Thank you for your patience, Chad 12/22/2011 Form ~ RegU@S$ fOY `~OX(aa~fQY (Rev. October2007J Identification Number' and CeY~iflcation Deperimonl at the ireasury tntemal Revenue aerviee Name (as ohovm on your income tax ratum) m AUDATEX NORTH AMERICA INC. _ ro D_ c a m ~'~o o~ a~. " Give form to the requester, Do not send to the IRS, ouonwsa nnuro, a umeran[ corn aoove check appropdale box: ^ IndivlduaVSole proprietor corporation ^ Partnership ^ Ltmked IIablAty comparry. polar the tax classtHcaUon (D~dlsre~rded entky, 0=corporation, P~partnershipj a _-_____ ^ Af ^ CFher (sae InaWokam) Address {number, street, and apt, w suite no,j Requoater's name and address {opHoru 15030 AVENUf~ OF SCIENCE, SUITE 100 CIEy, slate, and 21P coda . SAN DIEGO, CA 82128 List account number(s) hers {optbnat) Enter your TIN in the appropriate box, Tha FIN provided must match the name given on Una 1 to avoid soctat sacudty number backup withholding. For Individuals, ihia Is your scale) aeourl#y Wombat (SSN}. However, for a resident I ~ allan, sole proprietor, ar disregarded entity, see the Part I Instructions on page 3, For other entitles, It Is your employer Identit{oa8on number (61N). if you do not have a number, see Now to get a TIN on page 3, or Note. It the account Is In more than one name, see the chart on page 4 for guldellnae on whose employer Identtticatlon number number to enter. 26 ( 4427386 Under perielties of perjury, !certify that; 1, Tho number shown on this form Is my correct taxpayer Idenilflcatlon number (or I am walting for a number to be issued tome}, and 2. 1 am not subject to backup withholding because: (e} i am exempt from backup withholding, or (b) i have not been notiifad by the internal Revenue Sarvke (lRSJ that I am subject to backup wfthholding as a result of a failure to report all interest or dividends, or (c) fhe IR5 has notified ma that I am no longer subject to backup withholding, and 3. I am a U,S. citizen ar ether U.S. person (deflnad below). Certltloatlon (natructtons. You must crass out item 2 above If you have been notitlad by the IRS that you era currently subject to backup withholding because you have felted tc report all Interest and dividends on your tax return. For rest estate transactions, Item 2 doss not apply. For mortgage Interest paid, acqulsltlon or abandonment of secured properly, cancellation of debt, cantribuilons to an Individual retirement arrangement (iRA), and generally, payments other than Interest and dividends, you are not required to sign the CertlficaElon, but you must provide your correct TIN. Sse the in~tructlons an page 4. Sign Signature of F>79r6 V,S. person A ) Date ~ General InStruCfiOnS geflnition of a U,S. person. For federal tax purposes, you are Section references are to the internal Revenue Code unless considered a U.S, person If you are: otherwise noted. ®An individual who is a U.S. citizen or U.S, resident alien, F~Ur OSd Of FOlrrYt ~ ®A partnership, corporation, company, or association Wrested or organized in the United States or under the taws of the United A person who is required to fits an information return with the States, 1RS moat obtain your correct taxpayer identlficatlon number (TiN) to report, for example, Income paid to you teat estate a An estate (other than a torelgn estate), or , transantlons, mortgage Interest you paid, acqulsltlon or ®A domestic crust (as deflnad to Regulations section 301,7701-7} abandonment of secured property, cancellation of debt, or , contributions you made to an IRA, Use Fo W 9 l if Special rules for partnerships. Partnerships chat conduct a trade or business n fhe Unltad States are enar lf d i rm - on y you ors a U.S. person (including a resident alien), to provide your correct TIN to the person g a y requ re to pay a withholding tax on any fare{gn partners' shots of income requesting ft (the requester} and, when applicable, to: from such business. Further, In oartain oases where a Form W-9 has not been received, a partnership is required to presume that 1, Certify that the TIN you are giving fs correct (or you are walting far a number to be issued), a partner !s a foreign person, end pay the withholding tax. Therefore, If you are a U.S. person that Is a partner In a 2, Certify that you are not subject to backup wHhhoiding, or partnership conducting a trade or business In the United States, 3. Clatm exemption from backup withholding if you are a U,S. exempt payee, If applicable, you are also certifying that as a t solos and avo d wlthho dipng onryolA share ofllpartnership Income U,S, person, your allooabla share of any partnership income horn a U.S. trade or business is oat subject to the wlthhold(ng tax on . The person who glues Form W-9 to the partnership for foreign• partners' share of eHeatively connected Income. purposes of establishing its U,S, status and avoiding withholding Note, If a requester gives you a form other than Form W-9 to request our TIN, ou must use the r nester's form if It fs on Rs allocable share of net income from the pattnership conducting a trade or business In the United Stsies Is In the substanfi ai Ily similar to this Form W-9~ following cases: ® The U.S, owner of a dlsregardad entity and not the ent(ty, Cat, No, to231X Form W~9 {Rev, 10-2007) Meridian City Council Meeting DATE: January 3, 2012 ITEM NUMBER: $C PROJECT NUMBER: ITEM TITLE: PUbIIC WOrkS: Outreach Plan for Water Conservation Plan 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 E IDIAN~-- Public ~ D A H O Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Kyle Radek, PE Assistant City Engineer DATE: December 19, 2011 Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: Request for January 3, 2012 City Council Meeting Agenda Item Under Department Reports: Outreach Plan for Water Conservation Plan I. DEPARTMENT CONTACT PERSONS Kyle Radek, Asst. City Engineer 489-0343 Warren Stewart, Engineering Manager 489-0350 Tom Barry, Public Works Director 489-0372 II. DESCRIPTION A draft Water Conservation Plan Draft was presented to Council on September 27. Council Directed Public Works Staff to coordinate with the Mayor's Office to develop a public outreach plan for which was approved on October 4. The outreach plan has been executed including posting to the City's Facebook Page, Website, the Valley Times, and City News. A public meeting was held on November 15 at City Hall. Staff would like to provide Council with an update of what input was received during the outreach period,pnd seek direction on adoption of the plan. Approved for Council Agenda: Stewart, Engineering Manager Poge 1 of I DRAFT- DEC 19, 2011 CITY OF MERIDIAN IDAHO ~~ivl E IDIAN~--- I~7~1F9~ 2011 WATER CONSERVATION PLAN City of Meridian Water Conservation Plan Table of Contents SECTION 1-INTRODUCTION AND SUMMARY .............................................................................................. 3 PURPOSE AND SCOPE OF THE PLAN ......................................................................................................................... .. 4 PLAN ELEMENTS ..................................................................................................................................................... .. 7 RESOLUTION AND ADOPTING THE PLAN ................................................................................................................. .. 7 SECTION 2 -AREA CHARACTERISTICS ........................................................................................................ .. 8 PHYSICAL SETTING ................................................................................................................................................. .. 8 WATER SYSTEMS .................................................................................................................................................... .. 8 DEMOGRAPHICS FORECAST .................................................................................................................................... 10 SECTION 3 -ANALYSIS OF HISTORICAL AND PROJECTED WATER DEMAND ................................. 11 HISTORICAL WATER USE -POTABLE WATER ......................................................................................................... 11 HISTORIC WATER USE -SURFACE WATER ............................................................................................................. 12 SUMMARY OF PROJECTED DEMAND -POTABLE WATER ......................................................................................... 13 SECTION 4 -WATER SUPPLY ............................................................................................................................ 15 SOURCES OF WATEA-CURRENT CAPACITY AND SOURCE OF SUPPLY .................................................................... IS SUSTAINABLE YIELD .............................................................................................................................................. 15 SUPPLY AND DEMAND BALANCE ............................................................................................................................ 15 SECTION 5 -RECLAIlVIED WATER PLAN ....................................................................................................... 17 CITY'S CURRENT AND PLANNED RECLAIMED WATER PROGRAM ........................................................................... 17 SECTION 6 -CURRENT WATER CONSERVATION PLAN .......................................................................... 18 MEASURES IMPLEMENTED ...................................................................................................................................... 18 MANAGEMENT OF NON-REVENUE WATER ............................................................................................................. 18 SECTION 7 -POTENTIAL CONSERVATION ACTIONS ............................................................................... 19 SECTION 8 -RECOMMENDED PLAN ..............................:........:........:.................:........:........:........:................. 20 SECTION 9 -WATER SHORTAGE PLAN ......................................................................................................... 24 WATER SHORTAGE PLAN ELEMENTS ...................................................................................................................... 24 WATER SUPPLY CONDITION 1: POSSIBLE WATER SHORTAGE PREDICTED ............................................................. 26 WATER SUPPLY CONDITION 2: PROBABLE WATER SHORTAGE PREDICTED ........................................................... 27 WATER SUPPLY CONDITION 3: WATER SHORTAGE EMERGENCY ........................................................................... 28 APPENDIX A-WATER CONSERVATION WORKING GROUP MEMBERS ............................................. 29 APPENDIX B -CONSERVATION ACTIONS CONSIDERED ......................................................................... 30 APPENDIX C -CITY CUSTOMER PROFILE ................................................................................................... 35 APPENDIX D -DEFINITIONS .............................................................................................................................. 36 APPENDIX E -LIST OF TABLES AND FIGURES ..............................ERROR! BOOKMARK NOT DEFINED. 7/13/2011 DRAFT Page 2 of 37 City of Meridian Water Conservation Plan List of Figures and Tables Figure 2-1 Historic Population Trend ............................... Table 2-1 Service Area Population Projections ................ Figure 3-1 Historical Water Production ............................ Table 3-1 Historical Per Capita Demand -Potable Water Table 3-2 Projected Demand Without Conservation........ Figure 3-2 Demand Projections to 2060 ........................... ....................................................... 10 ....................................................... 10 ....................................................... 11 .......................................................12 ....................................................... 13 ....................................................... 13 7/13/2011 DRAFT Page 3 of 37 City of Meridian Water Conservafion Plan Section 1-Introduction and Summary Meridian Idaho is a community situated in a high desert location that may have been summarily dismissed as uninhabitable by people traveling along the Oregon Trail to greener lands along the west coast. Meridian only receives about 12 inches of precipitation per year. The native landscape is sparse, mostly treeless and the summers are hot and dry. The federal construction of water storage dams and irrigation canals allowed surface water from the Boise River watershed to be delivered throughout the area, including virtually all land in the past, present and future city limits of Meridian. This surface water supply has enabled the development of agriculture and industry. Although Meridian land is served by surface water providers for irrigation, the City relies exclusively on groundwater for its municipal water source. This groundwater is present both from the effects of leaking canals, long term flood irrigation and from natural recharge. The City operates and maintains 18 wells that pump approximately 3 billion gallons of groundwater annually. The City has monitored pressures in the aquifer system over the last several years and has not found any statistically significant decline that would indicate water is being used faster than recharge is occurring. In summary, the City of Meridian has not experienced water supply shortages and future water supplies appear to be assured for many years. So, Why Conserve? Even if the details of how are complex, the answer to why is simple: Although it is plentiful now, annual water supply for Meridian residents by surface water or groundwater is a finite resource. It is one factor that has the potential to limit growth and industry in the area and in the City itself. Not only can a shortage of clean water limit growth, but there are other negative consequences including the economic burden of increased cost of water on residents and businesses. In addition to affecting the overall supply of water, conservation can: • Decrease reliance on development of new sources of water supply • Delay or reduce capital investments for water and wastewater • Reduce operation and maintenance costs for water and wastewater • Improve supply reliability • Encoarage the most beneficial use of available water for residents of Meridian and the surrounding area Purpose and Scope of the Plan The overriding purpose of adopting and implementing a water conservation plan is to ensure an ample supply of clean, safe, affordable water for current and future City residents. Additionally, studying water conservation can help define and adjust limits for our current water supply. 7/13/2011 DRAFT Page 4 of 37 City of Meridian Water Conservation Plan Purpose The purpose of the conservation plan is to preserve, protect and extend the useful life of the City's current water supplies by reducing per-capita water consumption. Scope As part of the 2011 Water Master Plan, the City held a workshop to discuss long-term water supply issues. The workshop was attended by City staff, elected officials, and subject matter experts. As a result of that effort and further direction, the following scope was developed for the Water Conservation Plan: Plan Term The objectives of this plan have a time frame from 1-10 years. Because this is the City's first formal Water Conservation Plan, there are many unknown factors that will influence future versions. Primarily, it is unknown to what extent different conservation actions will influence residents. The overall plan should be re-evaluated in 3-5 years, however, specific conservation actions should take place or be evaluated annually or even on shorter schedules as indicated in the Conservation Actions matrix. Groundwater Vs Surface Water The City of Meridian currently uses groundwater as its only source of potable water for residents. The City currently has no control over the delivery or allocation of surface water to residents. In fact, since residents pay a fixed fee for surface water regardless of the quantity used, there is no fiscal incentive for them to conserve. This paradigm can result in short-sighted water management. In years with a shortage of surface water supply, additional needs may be met through groundwater pumping, thereby increasing demand on this resource, which is the sole supply for the City's potable water. In years with a surplus of surface water, there is no corresponding benefit to the groundwater supply (other than a potential increase in aquifer recharge). Conservation of surface water and changes in delivery practices during surplus years could lead to a reserve supply in storage to help in shortage years. Regardless of current delivery practices, the City staff and elected officials realize that the yearly supply of surface water is a variable and finite resource that has a great impact on the economy and quality of life for Meridian residents. Even if surface water conservation has no immediate benefit or need for residents, population growth, climate change, and other factors will likely change that in the future. Understanding that the culture of water conservation is developed over time, this plan recognizes that starting the effort before there is a dire need will help ensure future success. For these reasons, this plan encourages the conservation of both groundwater and surface water. Plan Data Much of the data used in this plan was assembled and presented as part of the 2011 Water Master Plan update for the City of Meridian. This plan was developed by Murray, Smith and 7/13/2011 DRAF"I' Page 5 of 37 City of Meridian Water Conservation Plan Associates and staff from Meridian Public Works Engineering and Water Operations. The Water Master Plan should be consulted for more detailed information or explanation of how data was gathered, assembled and analyzed. Plan Development and Public Participation The goals, objectives, guidance and determination of appropriate conservation measures for the City have been developed cooperatively by a Water Conservation Plan Working Group composed of citizens, business representatives and City staff. Working Group members were sought out through website advertisement, outreach activities and individual contacts. Staff made specific efforts to ensure that different groups of customers were represented. The City of Meridian is grateful for the time and effort these members provided. Conservation Plan Working Group Members are found in Appendix A. Specific objectives of this 2010 Water Conservation Plan Working Group: • Identify goals of the Meridian Water Conservation Plan by 3/30/11. • Identify objectives of the Meridian Water Conservation Plan by 4/30/11. • Idenfify a Water Conservation Coordinator by 3/30/11. • Examine potential conservation measures and select appropriate measures to recommend for implementation by 6/30/11. These include measures for a water shortage plan. • Recommend an annual budget for water conservation by 6/30/11. • Recommend a complete Water Conservation Plan for Council approval by 9/30/11. 7/13/2011 DRAFT Page 6 of 37 City of Meridian Water Conservation Plan Conservation Plan Goals Meridian Water Conservation Plan Long Term Goals were developed by the working group described above with input over several weeks and workshops. They are: • Ensure an adequate, sustainable and reliable supply of water at a reasonable cost for current and future needs of the community. • Promote environmentally and economically sound use of available water resources. • Protect and preserve water resources through leadership, research, cooperation with other stakeholders, and education. • Prepare for drought and water emergencies. Conservation Plan Objectives The Working Group developed some specific objectives that could be used to guide what conservation actions would be recoxnrnended. • Establish an ongoing water conservation education program for the Meridian community by 2013. • Evaluate and report on the effectiveness of the Water Conservation Plan to the community annually; share experiences, discuss lessons learned, and generate public involvement and get feedback. • Reduce Meridian customer potable water per capita use by 3% by 2015, in addition to the reduction achieved by the addition of more customers who use surface water °for irrigation. • Provide leadership by convening stakeholders within the Lower Boise watershed and developing a water conservation partnership by 2015. • Gather hydrogeologic data and develop a realistic working model of aquifer system around Meridian by 2013. Develop fresh water supply projections (sustainable aquifer yield) by 2015. • Reclaim and reuse 80% of Meridian's wastewater by 2030. • Establish cooperative relationships with surface water providers by 2013. Plan Elements This plan includes four basic elements: • Study area characteristics • Analysis of historical and projected water demand • Water supply • Past, current and future conservation measures Resolution and Adopting the Plan It is intended that this plan will be reviewed, approved and adopted by the City Council. 7/13/2011 DRAFT Page 7 of 37 City of Meridian Water Conservation Plan Section 2 -Area Characteristics Physical Setting The City of Meridian is located in Southwestern Idaho approximately 32 miles east of the Oregon border and approximately 110 miles north of the Nevada border. The City is named for Idaho's principle meridian used for the initial survey of the state. Meridian was established in 1893 and incorporated as a village in 1903 with a population of approximately 200. The elevation of Meridian is about 2600 feet above sea level. The average daily temperature varies from 75 degrees Fahrenheit in the summer to 29 degrees Fahrenheit in the winter. Average annual precipitation is 11.5 inches. Average summer relative humidity at noon is 41 percent. Nights are cool and the growing season is approximately 175 days long. The development of flood irrigation and Meridian's climate made it well suited to a variety of agricultural activities. Dairy farms, dairy product production, fruit growing and fruit packing were the primary industries in Meridian through the first half of the 20~h century. Agricultural activity continues today, but is being replaced by urban development and corresponding economic diversification. Land converted from agriculture to other uses is still served by irrigation systems that provide abundant water at low cost. Since 1994, Meridian has been the fastest growing city in Idaho with the population tripling between 1990 and 2000, and more than doubling between 2000 and 2007. It has become a center of retail and commercial development in southwest Idaho. Water Systems Municipal System Meridian's municipal water system is a public system under the direction of the City government. The system has over 400 miles of pipe and approximately 3,500 active fire hydrants. It includes 19 wells that have a combined capacity of about 18,000 gpm, 21 pressure control valves, 2 booster stations and 2.5 million gallons of storage. Some details regarding current and predicted demand follow in this narrative. Additional information can be found in appendix C. Surface Water Systems Most residents in the City of Meridian are also served by pressurized and non-pressurized irrigation systems that are supplied by surface water that was originally diverted for agricultural use. Delivery of surface water is managed by irrigation districts. Flood irrigation is employed in much of the agricultural areas surrounding the City; however, as urban development occurs on farmland, surface water delivered to that land is provided to City residents through pressurized irrigation systems. These systems are owned and operated either by the irrigation districts or homeowners associations. 7/13/2011 DRAFT Page 8 of 37 Ciry of Meridian Water Conservation Plan As noted, not all residential properties in the City have surface water irrigation systems. Currently, about 20% of the population uses municipal water for irrigation; however, new developments in the City are required by city code to provide pressurized irrigation systems from surface water if the developing land was previously served by surface water. This city code is in alignment with state law that strongly encourages the use of surface water as the primary source for irrigation (including lawns). Because of this, the population percentage using municipal water for irrigation will continue to shrink with time. 7/13/2011 DRAFT Page 9 of 37 City of Meridian Water Conservation Plan Demographics Forecast The population of the City and the surrounding area saw relatively slow growth until 1990. From 1990 through 2007, the population estimates reflect extremely rapid growth. The yearly growth rate from 2000-2007 ranged from 6.5% to 21.8% with an overall yearly average of 12.3%. With the nation-wide economic decline starting in 2008, growth has dramatically decreased. A summary of historical City population according to US Census and COMPASS records is shown in Figure 2-1 and Table 2-1 below. Figure 2-1 Historic Population Trend Meridian, Idaho Historic Population eo,ooo 70,000 60,000 50,000 40,000 Population 30,000 20,000 10,000 0 1940 1950 1960 1970 1980 1990 2000 2010 Year As part of the Water Master Plan Update COMPASS population forecasts by Traffic Analysis Zones (TAZ) were applied to growth areas estimated by City planning staff to estimate future populations for the City impact area. Table 2-1 Service Area Population Proiections Year Service Area Po ulation Estimate 2010 66,000 2015 85,000 2020 104,000 2030 140,000 2060 252,000 Build-Out 345,000 7/13/2011 DRAFT Page 10 of 37 City of Meridian Water Conservafion Plan Section 3 -Analysis of Historical and Projected Water Demand Historical Water Use -Potable Water In general, total production of potable water, as shown in Figure 3-1 has steadily increased over the last decade although it has fallen off somewhat since 2007. Figure 3-1 Historical Water Production 0 Historical Water Production 3 ~JI1. m °O o 0 0 0 0 o rr o 0 ~ N N N N N N N N N N Year m rn c o a c 0 u v a d c 7/13/2011 DRAFT Page 11 of 37 City of Meridian Water Conservation Plan An analysis of total production divided by the estimated population at each year showed a clear trend of decreasing per capita consumption. This decrease could be explained by several factors. • City requirement for new development to use surface water for irrigation where available thereby reducing the percentage of customers using potable water for irrigation. • Conservation due to rate increases. • Conservation due to recent economic hardships, even without rate increases. • Conservation due to building codes and practices that require or encourage more efficient fixtures and appliances. • Greater public awareness regarding the importance of water conservation. fable 3-1 Historical Per Capita Demand -Potable Water Year Service Area Po ulationa ADD ~gPePa)b 1VIDD (gPePa) MMD (gPcPd) 2005 50,449 147 285 307 2006 59,851 137 260 252 2007 64,617 147 295 249 2008 64,969° 132 233 272 2009 65,321` 128 243 227 Averages 138 263 261 ° Population £gures are based on COMPASS city populations and service area ratios b Gallons per capita per day `Population is linearly interpolated using COMPASS 2010 benchmark population Because most of the area that will develop and provide new customers for the City's potable water is currently served by surface water for agriculture, it is expected that the trend of decreasing per capita demand for potable water will continue as the city grows. Research completed for the City's Water Master Plan indicated that residents served by surface water for irrigation used about 112 gpcpd of potable water while residents that use potable water for irrigation used about 224 gpcpd of potable water (both figures based on ADD). Since all new customers will be served by surface water for irrigation, the overall per capita demand should continue to drop without any conservation measures. A conservative per capita ADD of 130 gpcpd was used as a base for future demand projections that do not include any additional conservation measures. Historic Water Use -Surface Water It is important to note that, although the demand for potable water for lawn irrigation is reduced by the use of surface water, the overall use of water is not reduced. Surface water is supplied to property owners at historic delivery rates (generally about 4 acre feet per acre during the irrigation season) based on the historic agricultural use of the land. Property owners are assessed a fixed fee and are not charged based on the amount of water used. Consequently, property owners have no incentive to conserve surface water. Even though surface water delivery is accounted for by providers through weir measurements, the use of that water by customers is not measured, so the per capita demand is unknown. 7/13/2011 DRAFT Page 12 of 37 City of Meridian Water Conservation Plan Summary of Projected Demand -Potable Water As discussed earlier, a per capita average day demand of 130 gpcpd was applied to the population forecasts discussed in Section 2. The following Table 3-2 and Figure 3-2 summarize the resulting demand forecast. Table 3-2 Projected Demand without Conservation Year Service ADD MDD MMD PHD Area (mgd) (mgd) (mgd) (mgd) Population. Estimate 2015 85,000 11.05 22.10 19.89 33.15 2020 104,000 13.52 27.04 24.34 40.56 2030 140,000 18.20 36.40 32.76 54.60 2060 252,000 32.76 65.52 58.97 98.82 Figure 3-2 Demand Projections to 2060 Demand Projections at 130 gpcpd 1zo 100 4 BO m ~PHD ~ 60 ~MDD n ~ ~r~ADD u G 40 20 0 2010 2020 2030 2040 2050 2060 2070 Year The 2011 Water Master Plan Update discusses the impact of water conservation on future demand. The data gathered showed that customers using surface water for irrigation had an average per capita potable water consumption of 112 gpcpd. This number can be used as a target for overall per capita consumption with conservation. This is a 13.8 percent difference in per capita consumption (from the proposed planning metric of 130 gpcpd). 7/13/2011 DRAFT Page 13 of 37 Ciry of Meridian Water Conservation Plan The impact of such reduction over time to a water provider would be significant. In 2060, MDD could be reduced by 9 mgd. ADD could be reduced by 4.5 mgd which equates to over 1.6 billion gallons per year. For the utility, this means less infrastructure expense, less operational expense and less impact on the water source. Conservation of Surface Water The extensive use of surface water by Meridian residents for irrigation is a benefit because it reduces overall use and peaking factors for potable water, therefore reducing overall cost. However, this conservation plan recognizes that using surface water instead of potable water for purposes such as irrigation does not imply overall water conservation. As previously mentioned, the pricing of surface water (one flat fee for a year regardless of how much is used) does not provide an economic incentive to conserve. Surface water is not supplied by the City and the City has no conhol over how it is priced and delivered. Additionally, the actual use of surface water delivered to Meridian residents is not measured, so conservation efforts related to this resource can not be quantified at this time. This plan recognizes that even though yearly surface water supply is normally more than sufficient for irrigation purposes and inexpensive now, it is likely that conservation of this resource will eventually be critical to the growth and prosperity of the City and the region. Therefore, the plan includes consideration of actions to conserve water whether it is surface water provided by irrigation districts and canal companies or potable water provided by the City. The Water Conservation Plan Working Group discussed some ideas on how the delivery and use of surface water might be changed to encourage conservation. One recommendation includes establishing working groups with irrigation districts, canal companies and legislators. Current practices for allocating and delivering surface water have been employed for over 100 years and alternatives for the future have not yet been developed. This plan focuses on education and building a culture of water conservation that is appropriate for the grid climate in which we live that invites anyone to participate. It includes forming partnerships with the Idaho Department of Water Resources (IDWR) and other water suppliers, but does not include any specific actions regarding surface water suppliers. It is envisioned that future revisions of the plan can build on this initial effort and progress can be made towards conservation of the overall water resource. 7/13/2011 DRAFT Page 14 of 37 City of Meridian Water Conservation Plan Section 4 -Water Supply Sources of Water -Current Capacity and Source of Supply Meridian currently relies on groundwater as the single source for all its potable water supply. Although it is the sole source of potable supply, it is a complex resource. Municipal wells tap the groundwater supply from 300 to 800 feet below ground level. Water from these various depths and locations varies in chemical composition and overall quality. Meridian's Municipal water supply system has the capacity to pump approximately 33,000 gpm for several hours and up to 30,000 gpm for an indefinite time period. The 2010 Water Master Plan Update includes detailed information about Meridian's water supply and distribution infrastructure. Sustainable Yield Changes in static water levels have been observed at wells across Meridian, but they have not been significant and have not necessarily been attributed to municipal pumping. There is very little information on the rate of recharge of the aquifer system and the sustainable pumping volume. Meridian monitors water levels at several observation wells at various locations throughout the city. Data has been collected for a number of years with some wells dating back to the early 1990s. The City is working to use this data along with drilling logs, to develop a groundwater model and aquifer mapping in order to better understand the characteristics of the aquifer system, including the recharge mechanisms and sustainable yield. The information being gathered and analyzed for Meridian will likely be the best available data that exists and will be invaluable for the City's conservation efforts. Supply and Demand Balance The 2010 Water Master Plan projected demands through ultimate build-out for the City. Total demand projections using a conservative per capital demand of 130 gallons per day were used in Table 3-3. Average demand per day is projected to be about 33 million gallons in 2060. Over a year, that equates to 12 billion gallons of potable water supply needed for Meridian customers alone. Other potable water suppliers surrounding Meridian will increase demands on the shared aquifer system to serve their current and future customers as well. Experience and available data have shown that the aquifer system that Meridian relies upon for potable water supply is extremely productive; however, as discussed, the ultimate sustainable yield is unknown. Additionally, we may not know when we have exceeded this sustainable yield until after it happens. Again, more data collection and analysis is needed to better understand this issue. Once again, surface water supply and conservation may become an important issue. The Treasure Valley Comprehensive Aquifer Management Plan (CAMP) effort produced a Treasure Valley Future Water Demand study by WRIME Consultants. The study indicated that the net 7/13/2011 DRAFT Page IS of37 City of Meridian Water Conservation Plan water demand (regardless of source) per acre for agricultural land was greater than for urban land. Therefore, the conversion of agricultural use to urban use as population in Meridian and the Treasure Valley grows produces a net decrease in overall water demand. Although this concept has not been met with agreement from all parties involved in the CAMP, it underlines a recurring theme of this plan; that water conservation should include surface water and groundwater. To encourage the conservafion of both resources, which are naturally connected, legislators and regulatory agencies must work towards the most beneficial use of water. If this can be accomplished, it would appear that the overall water resource will support our demands for at least 50 yeazs. 7/13/2011 DRAFT Page 16 of 37 City of Meridian Water Conservation Plan Section 5 -Reclaimed Water Plan The conversion of wastewater to reclaimed water, and its use, will be a key component in water conservation in the future. Reclaimed water has a variety of applications which can either replace or reduce the need for other sources of water. It can also replenish groundwater supplies. The following description is from the draft Reclaimed Water Master Plan developed for the City by HDR Engineering: City's Current and Planned Reclaimed Water Program OVERVIEW OF RECLAIMED WATER PROGRAM The City of Meridian (City) is developing a program to produce and distribute reclaimed water for a variety of uses. Reclaimed water is a highly treated water resource generated at the City's municipal wastewater treatment plant that meets standards for reuse established by the Idaho Department of Environmental Quality (DEQ). This Reclaimed Water Master Plan (Master Plan) presents along-range vision for the City's reclaimed water program and defines market expectations for reclaimed water sales. Cost opinions for constructing future components of the reclaimed water production and distribution system are also presented, which establishes the foundation from which a framework for financing capital investments has been analyzed. Finally, the Plan identifies policy and implementation issues that will affect development and financing of the reclaimed water program. The City's reclaimed water program will continue to evolve as the City gains experience with the production and distribution of the resource. Therefore, the policies, assumptions, and findings of this Master Plan are expected to be updated regularly, particularly in the near-term. Program History The City has been producing Class A reclaimed water since 2009, and beneficially reusing the water for turf irrigation at Heroes Park. This demonstration project has offered a highly visible means by which to educate the public about the value of this resource. The Idaho Department of Environmental Quality issued the City a Final Wastewater Reuse Permit (No. LA-000215-02) on April 19, 2010. This permit is effective for five years and allows for the use of reclaimed water in irrigation, dust suppression, toilet flushing, lined surface water features, sanitary sewer flushing, and fire suppression throughout the City. This "City-wide" permit supports the expansion of the program that is presented in the Master Plan. The Vision for of the Meridian Public Works Department for the year 2030 was developed in 2009. Recycling and reusing wastewater is a primary component of that Vision which foresees recycling and/or reuse of 80% of the waste stream by that time. 7/13/2011 DRAFT Page 17 of 37 City of Meridian Water Conservation Plan Section 6 -Current Water Conservation Plan Measures Implemented Conservation efforts in Meridian have historically been the result of supply and distribution system limitations, rather than a concern for the long term availability of supply. In 1993, the City distributed a flyer to customers and asked them to conserve in a number of different ways so water would be available to everyone for the summer, but after new wells were constructed, the system crises was over and formal conservation plans were not adopted. Even though a conservation plan has not been formally adopted, Meridian currently practices several important conservation practices that include: • Metering water to customers and including a component of the bill for usage • Tracking non-revenue water used for water main flushing and hydrant flows • Managing tight pressure zones to avoid high service pressures • Enforcing building codes for low flow toilets and show heads • Encouraging the use of reclaimed water • Using automatic irrigation We Need your Help: Mnke DAOp (',oUNr CNy ~+ nnnal EIJ~'\~ µ-1l \Vd~Wa ylvl~JM• f \,\aWAPI orU `cm~~` ^awn„ Sitgafioh mna, ~,MM'„"uua,,"'~m ~n ~rYOU~hyyert, w"~+u,i h'r~» ~enMn Urv,,,nmw.nM"w HIA Ij1h~~ i`trW~mOm, ~W~,~tlu}~~ahj ~~T V ~S..b~hr ~hPPiyII~RYm^m ~ryy~~~w .. l.,l~ ~~Eavr*r~w ~VU 1'V1y'm ~eMl ~PFav_M nr. 1iuYx'"o,`"~„o'n~ woi._4G ~1. a~AVa rvMm'~"n~ ~yUUra~~/y erouyon ffOr/sld controls for Parks Facilities 1993 Flyer Management of Non-Revenue Water The 2010 Water Master Plan Update evaluated production and sales records for 2008 and 2009, and found that non-revenue water is very low, averaging just 3% of water produced. This can be attributed to several factors: • Much of the City's infrastructure is very new due to the recent explosive growth • The City has an active meter replacement program • The City tracks water used for flushing sediment from water mains • The City tracks water used for fire training 7/13/2011 DRAFT Page 18 of 37 City of Meridian Water Conservation Plan Section 7 -Potential Conservation Actions This plan is Meridian's first formal water conservation plan. As discussed previously, the City's water supply and distribution infrastructure is more than capable of providing peak demands and emergency flows to customers. In addition, the City is extremely fortunate to be tapping an aquifer system that has shown little to no decline after several years of sustained pumping. The City understands, however, that annual water supply is a limited resource and is taking measures to better understand the resource. The Conservation Plan Working Group submitted their ideas for water conservation measures which were consolidated and added to measures found in the AW WA Manual: Water Conservation for Small and Medium-Sized Utilities. The Working Group preferred the term Conservation Actions, rather than measures. These potential actions were organized and discussed by the Working Group in light of the Goals and Objectives they had previously developed. The outcome was a list of recommended actions for the plan. The Conservation Actions were categorized as follows: • Utility /City Practices • Ordinances and Rules • Outreach • Incentives • Reclaimed Water In developing the Goals, Objectives, and Conservation Actions of this plan, the different perspectives of the Working Group members were apparent. However, it was a consistent opinion among members that the best conservation actions were those that employed education, outreach and setting an example through City leadership rather than developing ordinances or rules to try to force customers to conserve. Appendix B contains the matrix of Conservation Actions considered including recommendations / notes from the Working Group. Some actions discussed may require additional research to determine potential costs and benefits. In several cases, the group recommended that actions be considered based on future research and analysis. 7/13/2011 DRAFT Page 19 of 37 City of Meridian Water Conservation Plan Section 8 -Recommended Plan The initial recommendation is to assign the duties of a Conservation Coordinator to an existing position within the Environmental Division. It is contemplated that a part time position maybe added in the future for this function. The Conservation Coordinator will be responsible to implement or facilitate the implementation of the action items below, to measure their effectiveness, and to provide regular reports on conservation efforts to the City Council. The conservation plan includes objectives that reach to 2015. However, a yearly report to City Council is also an objective and it is anticipated that, as the actlon items are completed and information is gathered and analyzed, the conservation plan and action items will be updated annually. The following table includes the actions that have been recommended by the Working Group. As a formal conservation effort is new to the City, many of the recommendations are simply to research or evaluate different actions to analyze their feasibility and efficacy. City /Utility Practices Evaluate costs and benefits of Low Low Engineering reducing the water from Division flushing by improving supply water quality through filters Purchase leak detection Med Med Water equipment to reduce wasted Division water from system leaks Develop source meter Low High Water Engineering calibration program Division Division Create automatic alerts when Low High Utility Water, customer use increases Billing Conservation abnormally Coordinator Install Automatic Meter High High Engineering Water Reading infrastructure Division Perform audits on top users in Low Med Utility Water, customer categories and use Billing Conservation info for outreach Coordinator Develop audit pilot program for Low High Conservation Environmental landscape irrigation Coordinator Division, Planning, Water Division Support Parks Department Low Low Conservation conservation efforts Coordinator 7/13/2011 DRAFT Page 20 of 37 City of Meridian Water Conservation Plan Cooperate with other Low Low Conservation government or water supplier Coordinator conservation efforts Perform fixture audit and Low Low Conservation corrective actions for City Coordinator buildings Coordinate with Building Low Low Conservation Building Services to ensure high Coordinator Services efficiency fixtures are included in new construction Seek conservation program Low Low Conservation Planning funding from state, county, or Coordinator Grant federal resources Administrator Request a budget of $25,000 for High High Conservation Finance water conservation. Funding Coordinator would support a portion of a position and conservation actions recommended. Benchmark Meridian's Low NA Conservation conservation efforts with other Coordinator similar cities and include in annual report to Council Explore formation of regional Low NA Conservation water conservation. group (or Coordinator use existing regional group) Meet with IDWR regularly to Low Med Conservaflon discuss ground and surface Coordinator water conservation issues Recognize people or businesses Low Med Conservation that practice conservation- Coordinator award rogram or news posts Ordinances and Rules Benchmark other cities Low NA Conservation Building regarding individual unit Coordinator Services metering to multi-unit buildings Set aside a portion of rates for Public Engineering conservation efforts Works Division, Business Finance Operations Explore feasibility of tiered rate Low NA Conservation Engineering structure Coordinator Division, Finance 7/13/2011 DRAFT Page 21 of 37 City of Meridian Water Conservation Plan Develop planning ordinances Med High Planning Conservation that encourage and incentivize Coordinator conservation Create design standards for Med High Planning Conservation landscaping Coordinator Examine benefits of adopting Low NA Conservation Building 2009 plumbing code Coordinator Services Outreach Continue efforts with schools Low High Conservation Coordinator Distribute educational materials Low High Conservation Water at various locations /events Coordinator Division, Engineering Division, Plannin Collaborate with professional Low Med Conservation organizations and HOAs Coordinator Develop web page dedicated to Low High Conservation Information water conservation, including Coordinator Technology tips, electronic brochures, innovative technologies, and links to other sites, kid's pages, and games Include education about peak Low Med Conservation Engineering hour usage to reduce peaking Coordinator Division, factors Water Division Provide information on self- Low High Water audits to customers. Division Conduct outreach to Low Med Conservation Building commercial and industrial Coordinator Services customers regarding fixtures, cooling towers, appliances, etc. Reclaimed Water Explore feasibility of reclaimed Low NA Engineering water fire hydrants and water Division truck filling stations. Encourage conversion of Low Low Engineering potable water irrigators to Division reclaimed water Encourage large potable water Low Low Engineering users to convert appropriate Division uses to reclaimed water 7/13/2011 DRAFT Page 22 of 37 City of Meridian Water Conservation Plan Cost Estimates (Cost to City): Low = $0-5,000 Med = $5,000-$20,000 High =Over $20,000 Benefits: Because the potential benefits from an action item can be actual measurable water conserved, or non-measurable benefits such as customer awareness and education, the High, Medium, and Low levels are a best guess based on group discussion. 7/13/2011 DRAFT Page 23 of 37 City of Meridian Water Conservation Plan Section 9 -Water Shortage Plan Water shortages are situations when the City is unable to meet the water demands of its customers at the minimum required distribution pressure. Such conditions can be short or long term depending on the causes and can be due to problems with pumping and distribution infrastructure, the water supply, or unusually high demands. Water Infrastructure Problems: • Water main breaks • Well failures • Booster failures • Power failures Water Supply Problems: • Contaminants in supply • Extreme drought • Conjunctive management /curtailment • Water table decline Unusually High Demands: • Multiple simultaneous fires • Extremely hot weather The City of Meridian has a very robust supply and distribution system. However; if several of the problems identified above occurred in combination, there may be a need for cooperative community conservation to ensure that water is available for critical uses such as fire fighting and medical needs. Meridian's water distribution system includes five different pressure zones to ensure water is delivered to customers in a narrow range of pressures- generally between 60 and 80 psi. With one exception (the lowest zone), each pressure zone has wells to supply demand in that zone. Pressure zones are separated by Pressure Reducing Valves (PRVs) that maintain pressure differential, but still allow flow between zones. The highest pressure zone can transfer water down to any zone below it. Because of the operational nature of these pressure zones, calculations for supply and demand will include a pressure zone and all zones above it to determine if a water shortage situation is pending or exists. Water Shortage Plan Elements Ideally, the City would respond to the threat of a shortage and manage demand to avoid the shortage. The following are three different conditions and the appropriate responses in order to manage demand and maintain system pressure for critical uses. Each condition level includes 7/13/2011 DRAFT Page 24 of 37 City of Meridian Water Conservation Plan the following elements: 1. Triggering Conditions 2. Initiation Procedures 3. Demand Management Response 4. Termination Procedures Because Meridian's system does not include large storage facilities, it relies on instantaneous pumping capacity from wells to serve peak demands. Therefore, the triggering conditions for determining whether a shortage is pending or exists are based on the Peak Hour Demand in relation to the pumping capacity of the system. It is important to note that the City will take additional actions to correct or mitigate whatever problems have lead to a water shortage. The responses considered in this plan are only directed to managing demand /encouraging conservation. Another important note is that the termination of a Supply Condition can mean the condition has improved or gotten worse, so the demand management response selected should be appropriate to the change in condition. 7/13/2011 DRAFT Page 25 of 37 City of Meridian Water Conservation Plan Water Suvply Condition 1: Possible Water Shortage Predicted Triggering Conditions: Forecast Peak Hour Demand plus fire flow through the next 6 months exceeds the current capacity of any pressure zone and the zones above it combined. Initialion Procedures: Water Division works with Engineering Division to assess current pumping capacity and forecast demands based on current demand patterns, historic trends, and other available data. Water Superintendent makes determination that condition exists and notifies the Public Works Director, who declares the condition to the Mayor's Office. The Mayor officially declares the condition to the public and initiates an appropriate demand management response. Demand Management Response: Work with the Public Works Director and Public Affairs Officer to organize outreach effort to request voluntary water conservation. Consider the following options: • Use billing inserts to inform customers of the situation • Provide press release for Website • Distribute press release HOAs, businesses, and customers by email Termination Procedures: Water Division works with Engineering Division to assess pumping capacity and refine demand forecasts. Water Superintendent makes determination that condition no longer exists and notifies the Public Works Director, who informs the Mayor and Council. The Mayor officially declares the change in condition to the public and initiates the appropriate demand management response if any. 7/13/2011 DRAFT Page 26 of 37 City of Meridian Water Conservation Plan Water Suvply Conditiou 2: Probable Water Shortage Predicted Triggering Conditions: Forecast Peak Hour Demand through the next six months exceeds of the current capacity of any pressure zone and the zones above it combined. Initiation Procedures: Water Division works with Engineering Division to assess current pumping capacity and forecast demands based on current demand patterns, historic trends, and other available data. Water Superintendent makes determination that condition exists and notifies the Public Works Director, who declares the condition to the Mayor's Office. The Mayor officially declares the condition to the public and initiates an appropriate demand management response. Demand Management Response: Work with the Public Works Director and Public Affairs Officer to organize outreach effort to request voluntary water conservation. Consider the following options: • Press release may need to be distributed to media for general release • Use billing inserts to inform customers of the situation • Provide press release for Website • Distribute press release HOAs, businesses, and customers by email Consider implementing mandatory conservation measures: • Prohibit outdoor use of City water • Initiate conservation rate schedule • Charge emergency conservation fees for residential use over account "winter averages" (average monthly use from January through April) • Initiate probable water shortage rate schedule - TBD. Termination Procedures: Water Division works with Engineering Division to assess pumping capacity and refine demand forecasts. Water Superintendent makes determination that condition no longer exists and notifies the Public Works Director, who informs the Mayor and Council. The Mayor officially declares the change in condition to the public and initiates the appropriate demand management response if any. 7/13/2011 DRAFT Page 27 of 37 City of Meridian Water Conservation Plan Water Sunnly Condition 3: Water Shortage Emergency Triggering Conditions: Current Peak Hour Demand exceeds the current capacity of any pressure zone and the zones above it combined. Initiation Procedures: Water Division works with Engineering Division to assess current pumping capacity and forecast demands based on current demand patterns, historic trends, and other available data. Water Superintendent makes determination that condition exists and notifies the Public Works Director, who declares the condition to the Mayor's Office. The Mayor officially declares the condition to the public and initiates an appropriate demand management response. Demand Management Response: Work with the Public Works Director and Public Affairs Officer to organize outreach effort to request voluntary water conservation. Consider the following options: • Press release may need to be distributed to media for general release • Use billing inserts to inform customers of the situation • Provide press release for Website • Distribute press release HOAs, businesses, and customers by email, or phone alert Initiate or continue probable water shortage rate schedule. Consider implementing mandatory conservation measures: • Prohibit outdoor use of City water • Continue or initiate conservafion rate schedule • Charge emergency conservation fees for residential use over account "winter averages" (average monthly use from January through April) Termination Procedures: Water Division works with Engineering Division to assess pumping capacity and refine demand forecasts. Water Superintendent makes determination that condition no longer exists and notifies the Public Works Director, who informs the Mayor and Council. The Mayor officially declares the change in condition to the public and initiates the appropriate demand management response if any. 7/13/2011 DRAF"1' Page 28 of 37 City of Meridian Water Conservation Plan Appendix A-Water Conservation Working Group Members Meridian Water Conservation Plan Working Group Mark Erikson Saint Lukes Hospital Frank Morandi Roaring Springs Water Park Bill Martin /Derrick Martin Metro Express Car Wash John Wiskus Meridian Resident Mike Polk Meridian Resident Thomas Baker Boise Resident /Teacher Maz~k Fischer Meridian Resident Liz Paul Idaho Rivers United Pete Friedman Meridian Planning Deputy Director Mollie Mangerich Meridian Environmental Program Manager Dennis Teller Meridian Water Superintendent Andy Roman Meridian Resident /Idaho Rivers United / HOA Vice-President Jeff Brooks Meridian Resident Steve Eddy Fast Eddy's 7/13/2011 DRAFT Page 29 of 37 City of Meridian Water Conservation Plan Appendix B -Conservation Actions Considered Below is a matrix of the conservation actions considered by the working group. Each concept was discussed. Water Conservation Actions Utility /City Practices Reduce water used for flushing City water mains Reduce water used for fire training Reduce lost water -ensure system leaks are detected and stopped quickly Reduce water consumption and lost water -system pressure management Develop reclaimed water system /expand the use of reclaimed water Convert potable water irrigators to reclaimed water irrigation Current Practice Water division tracks water used for flushing water mains and for fire hydrant tests. Additional planning and modeling for reducing water needed for flushing will carry some cost. Fire department tracks water used No leak detection program. Currently manage pressure zones between 60 and 80 psi Reclaimed water master plan currently being developed Reclaimed water master plan effort Reclaimed water master plan effort Proposed Action Water supply filters (such as green sand filters) may reduce need for flushing. What do other cities do? Reuse the flushed water? Portable filters? Reclaimed water fire hydrants? /truck filling? Purchase leak detection equipment and institute a proactive program. Use SCADA to monitor supply vs. WWTP inflow. Encourage customers to install pressure reducing valves at houses near higher pressure areas. Could outreach to customers with a map. Reclaimed water hydrants? Install reclaimed water as opportunities arrive. Convert potable water irrigators to reclaimed water irrigation according to master planning guidance. Convert large potable water users (other than irrigation) to reclaimed water according to master plan guidance. Convert large potable water users (other than irrigation) to reclaimed water Calibrate source meters Currently not done regularly Start up program. 7/13/2011 DRAFT Page 30 of 37 CiTy of Meridian Water Conservation Plan Water Conservation Actions Perform indoor water audits for customers Perform landscape irrigation audits (city water) Benchmark and leverage other suppliers' efforts and Perform landscape irrigation audits on City parks and other facilities Perform fixture audit and replacement if needed in current City buildings. Use high efficiency fixtures in all new City building construction Seek conservation program funding from state, county Current Practice Water leak detection on case- by-case basis for customers or when abnormally high usage is noted. This system is automated. Dennis to provide details of how it works. No audits Install weather based smart controllers in City Parks NA Last building (City Hall) was LEED Silver NA or federal sources. Identify a Water No Water Conservation Conservation Coordinator Coordinator Proposed Action Alert automatically when customers' use goes up a given % (TBD). Encourage water audits by customer (self) or by private business through outreach. Attach note to bills regarding usage compared to history or average customers. Look at top users and audit some of them, then use that info for outreach. Partner with home improvement stores -water conservafion kiosk. Develop audit pilot program. Work with other government offices to cooperate with their conservation efforts. Support Parks efforts. Perform fixture audit and replacement if needed in current City buildings. Also make sure efficient fixtures are working as intended (signage, valve direction, etc.) Perform cost effective corrective actions as needed. Coordinate with building services to ensure fixtures in new construction are high efficiency. Seek conservation program funding from state, county, or federal sources. Water Conservation Coordinator recommended to be added to .5 time position duties in Environmental Division. 7/13/2011 DRAFT Page 31 of 37 City of Meridian Water Conservation Plan Water Conservation Actions Approve a conservation budget Benchmark Meridian's conservation efforts with other similar cities - include in annual report to Council. Form regional water conservation group. Meet with IDWR regularly to discuss ground and surface water conservation issues Low water user awards Ordinances and Rules Meter water to customers Meter water to individual units inmulti-family buildings. Structure rates to emphasize consumption over base Charge city accounts like other customers Use a tiered rate structure Collect a Conservafion Fee Current Practice No budget for conservation NA NA NA Meter water to all customers Water rate = $5.38 + $1.86 / 1000 gal Currently meter usage, but do not charge ourselves NA NA Proposed Action Request a budget of (TBD) for water conservation from City Council. Benchmark Meridian's conservation efforts with other similar cities -include in annual report to Council. Explore formation of regional water conservation group. Meet with IDWR regularly to discuss ground and surface water conservation issues. This action compliments the formation of a regional water conservation group. Recognize people or businesses that practice conservation, e.g. yard signs. Continue to meter water to all customers. Benchmark other cities to see if any are requiring new multi-family buildings to have individual meters to each unit. Encourage property managers to teach conservation for their own or their tenants' benefit. Continue. Use a portion of collected rates to fund conservation efforts. Don't charge, but review usage and make sw•e City departments are onboard and demonstrating conservation methods. Explore feasibility of tiered rate structure. (Put conservation funding in water rates.) 7/13!2011 DRAFT Page 32 of 37 City of Meridian Water Conservation Plan Water Conservation Current Practice Proposed Action Actions Landscaping Current ordinance Continue use of surface water encourages use of surface for irrigation. Develop water for irrigation. planning ordinances that encourage and incentivize conservation in landscaping. Create design standards for landscape features to ensure that they don't' waste water (e.g. berms). Grass reduction, xeriscape berms, etc. Residential activities Building codes control Examine benefits of adopting fixtures 2009 plumbing code. Check with Dennis / Brent. Industrial activities Building codes control Examine benefits of adopting fixtures 2009 plumbing code. Check with Building Services Division. Construction activities Code requires rental of Continue current practice. meters for filling trucks and Build reclaimed water fill other activities. points and encourage use of reclaimed water for dust control. Indoor Water Use -explore Research /Clarify this issue. opportunities to amend Idaho Plumbing Code to allow reclaimed water for indoor uses. Require upgrades to How can we incentivize? fixtures as a condifion of What is current account setup sale of property fee? Can we have customer contact encourage fixture upgrades for customers' long term benefit? .Use real estate community to outreach also. Outreach Discuss /assist schools Some activity Continue efforts with schools. with conservation Get them to consider more measures efficient fixtures. Distribute educational Pamphlets available at Water Continue and expand. pamphlets on conservation Deparhnent (lawn watering, conversion to low water use landscaping, indoor use practices, etc.) 7/13/2011 DRAFT Page 33 of 37 City of Meridian Water Conservation Plan Water Conservation Actions Conduct presentations in collaboration with other organizations - professional, HOA, etc. Develop web page dedicated to water conservation, including tips, electronic brochures, links to other sites, and reports on innovative technologies Educate about peak usage control (amount and time of usage) to reduce peaks. Current Practice Some tips in Water Division section of current website - not very extensive Proposed Action Conduct presentations in collaboration with other organizations -professional, HOA, etc. Have HOA contests to see which subdivisions do best. Develop web page dedicated to water conservation, including tips, electronic brochures, links to other sites, and reports on innovative technologies. Links to other sites, kids pages, games, etc. Educate about peak usage control (amount and time of usage) to reduce peaks. New construction and upgrades- not City owned Improve plant facilities No outreach program to Outreach to these customers maintenance encourage Upgrade cooling towers No outreach program to encourage Change to low water use No outreach program to landscaping encourage Upgrade fixtures and No outreach program to appliances -hotels, encourage schools, care facilities, HOA maintained facilities Upgrade fixtures and No outreach program to appliances -older encourage residential buildings Incentives Give away faucet aerators No give away /exchange Evaluate cost /benefit. program Give away or exchange No give away /exchange Evaluate cost /benefit. low flow shower heads program Provide rebates for high No rebate program Evaluate which fixtures to efficiency toilets provide rebate for and Provide rebates for No rebate program propose a plan. Benchmark efficiency clothes washers other cities. Provide rebates for No rebate program irrigation system moisture sensors 7/13/2011 DRAFT Page 34 of 37 City of Meridian Water Conservation Plan Appendix C -City Customer Profile- 2010 Records Number of Category Accounts Percent Church 66 0.3% City 36 0.1% Commercial 1046 4.1% Multi-Unit Residential 188 0.7% Residential 24056 93.3% School 404 1.6% Residential Building Inventory Year Number of Units Built 1970 to 1993 5,500 1994 to Present 20,400 (new building code was adopted in 1994) 7/13/2011 DRAFT Page 35 of 37 Ciry of Meridian Water Conservation Plan Appendix D -Definitions ADD- Average Day Demand: The total volume of water delivered to the system in a year, divided by 365 days. AW WA- American Water Works Association: An international nonprofit educational association dedicated to safe water. Founded in 1881 as a forum for water professionals to share information and learn from each other for the common good, AWWA is the authoritative resource for knowledge, information, and advocacy for improving the quality and supply of water in North America and beyond. COMPASS- Community Planning Association of Southwest Idaho: An association of local governments working together to plan for the future of the region. The agency conducts this work as the metropolitan planning organization (MPO) for northern Ada County and Canyon County. The federal government requires the formation of an MPO when an urban area reaches 50,000 people. DEQ /IDEA: Idaho Department of Environmental Quality: The state agency tasked with ensuring clean air, water, and land in the state and protecting Idaho citizens from the adverse health impacts of pollution. Groundwater: Groundwater is water that exists below the land surface. Gpcpd: gallons per capita per day: Amount of water a person uses on average per day. HOA: Homeowners Association IDWR: Idaho Department of Water Resources- IDWR serves the people of Idaho and protects their welfare by making sure water is conserved and available to sustain Idaho's economy, ecosystem and the resulting quality of life. MMD: Maximum Month Demand: The maximum volume of water delivered to the system during any single month, divided by 30 days. MDD: Maximum Day Demand: The maximum volume of water delivered to the system during any single day. MPO: Metropolitan Planning Organization: Afederally-mandated and federally-funded transportation policy-making organization in the United States that is made up of representatives from local government and governmental transportation authorities. PHD: Peak Hour Demand: The maximum volume of water delivered to the system during any single hour. 7/13/2011 DRAFT Page 36 of 37 City of Meridian Water Conservation Plan Potable Water: Potable water is water that can be consumed in any desired amount without concern of adverse health effects. Water provided by community water systems including public and private utilities is considered potable water. Surface Water: Surface Water is water that is supplied by streams, rivers, and lakes. It is usually stored Inman-made reservoirs and transported through canals. 7/13/2011 DRAFT Page 37 of 37 Meridian City Council Meeting DATE: January 3, 2012 ITEM NUMBER: 9A PROJECT NUMBER: ITEM rIT~E: Ordinance No. /off ' /S~ An Ordinance of the City of Meridian Amending Title 3, Chapter 2, Meridian City Code, Regarding Liquor Related Offenses; and Providing an Effective Date MEETING NOTES Ll~;~ 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 ORDINANCE NO. /c~ -/~J' (~U BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING TITLE 3, CHAPTER 2, MERIDIAN CITY CODE, REGARDING LIQUOR-RELATED OFFENSES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Meridian City Code does not currently prohibit the possession and consumption of alcoholic beverages on sidewalks, streets, and other publicly-accessible places in the City of Meridian; WHEREAS, Idaho Code section 23-505 already prohibits the transportation, possession, and consumption of an open container in a vehicle on a public right-of--way, and in State v. Reyes, 203 P.3d 708 (2008), the Idaho Supreme Court held that a city code provision declaring such activity by a vehicle's passenger to be a misdemeanor to be unconstitutional; and WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the health, safety, and welfare of the people of Meridian to restrict such activity to premises duly licensed or permitted for same; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERH)IAN, ADA COUNTY, IDAHO: Section t. That Title 3, Chapter 2, Meridian City Code, is hereby amended as follows: 3-2-6: LIQUOR RELATED OFFENSES: A. Open container in public. It shall be unlawful for anv person to consume anv alcoholic beverage or to have in his or her possession anv open container of anv alcoholic bevera eg on any public property or propertypen to the public, including anv street, sidewalk, alley, publicly accessible parking lot, or other public or private property open to the public; provided that consumption or possession of an open container of an alcoholic beverage may lawfully occur in such time, place, and manner duly licensed or permitted by the City and other operation of law. B, n..o., n,..,~.,:.,o.- r ...,.: I ,Removal of ~ue~open container from licensed premises.; 13e~nitiexe It shall be unlawful for any person to remove an open container containing any alcoholic beverage from the premises of any business establishment which holds a beer, wine or liquor license. "Premises" shall mean the building and contiguous property owned, or leased, or used under government permit, by the holder of a liquor, wine or beer license as part of the business establishment in the business of the sale, at retail, of liquor, wine or beer, which property is improved to include decks, docks, boardwalks, lawns, gardens, golf courses, courtyards, patios, abutting sidewalks, poolside areas, or similar improved appurtenances in which, or on which, the sale of liquor, wine or beer is authorized by the city. ORDINANCE AMENDING OPEN CONTAA7EA CODE PAGE 1 OF 2 7 !~«e« ,.,.„+..:«e« :« ~,oh:..lo. T+..1,.,11 l.o ..«1,...,a.l F ,. ,.«.. «,. «..,.« ...1. :1,. ,. _,..:..., . „ _: a:_,_ :_ r 1 1' 1 ' 1 ' , ~ . - F 1, NT1Fl71 '1 mFl}FlY aahi al z-nnnx~~ Y Y b J 1 l ' 1 + Jo ' + + J + v 1. f ' . . . FlY lin J ~~ 1 K Y 1 .1 + + Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 3. That this ordinance shall be effective upon its adoption. PASSED by the City Council of the City of Meridian, Idaho, this ~ day of January, 2012. APPROVED by the Mayor of the City of Meridian, Idaho, this ~ ~ y of January, 2012. APPROVED: ~/ ~ ~ ~ Tammy d erd, Mayor ORp'I9DALOL ATTEST: ~`o4s sr'r0 9 Gtyof Jaycee Iman, City Glerk A E IDIAN~-- s ~~ SEAL, ~W H !V a fQ ~~/de TIIE 15~p0 ORDINANCE AMENDING OPEN CONTAINER CODE PAGE 2 OF 2 Meridian City Council Meeting DATE: January 3, 2012 ITEM NUMBER: 10 PROJECT NUMBER: Irem TITLE: Future Meeting Topics 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